FIREFIGHTER-AGE RESTRICTION

Illinois General Assembly - Full Text of HB1098

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HB1098 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1098

Introduced 1/9/2025, by Rep. Jed Davis

SYNOPSIS AS INTRODUCED:

65 ILCS 5/10-1-7.1
65 ILCS 5/10-2.1-6.3
70 ILCS 705/16.06b

Amends the Municipal Code and the Fire Protection District Act.
Provides that no person under the age of 18 (rather than 21) shall be
eligible for employment as a firefighter.
LRB104 04060 RTM 14084 b

A BILL FOR

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1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Municipal Code is amended by
5
changing Sections 10-1-7.1 and 10-2.1-6.3 as follows:

6

(65 ILCS 5/10-1-7.1)
7

Sec. 10-1-7.1.
Original appointments; full-time fire
8
department.
9

(a) Applicability. Unless a commission elects to follow
10
the provisions of Section 10-1-7.2, this Section shall apply
11
to all original appointments to an affected full-time fire
12
department. Existing registers of eligibles shall continue to
13
be valid until their expiration dates, or up to a maximum of 2
14
years after August 4, 2011 (the effective date of Public Act
15
97-251).
16

Notwithstanding any statute, ordinance, rule, or other law
17
to the contrary, all original appointments to an affected
18
department to which this Section applies shall be administered
19
in the manner provided for in this Section. Provisions of the
20
Illinois Municipal Code, municipal ordinances, and rules
21
adopted pursuant to such authority and other laws relating to
22
initial hiring of firefighters in affected departments shall
23
continue to apply to the extent they are compatible with this

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Section, but in the event of a conflict between this Section
2
and any other law, this Section shall control.
3

A home rule or non-home rule municipality may not
4
administer its fire department process for original
5
appointments in a manner that is less stringent than this
6
Section. This Section is a limitation under subsection (i) of
7
Section 6 of Article VII of the Illinois Constitution on the
8
concurrent exercise by home rule units of the powers and
9
functions exercised by the State.
10

A municipality that is operating under a court order or
11
consent decree regarding original appointments to a full-time
12
fire department before August 4, 2011 (the effective date of
13
Public Act 97-251) is exempt from the requirements of this
14
Section for the duration of the court order or consent decree.
15

Notwithstanding any other provision of this subsection
16
(a), this Section does not apply to a municipality with more
17
than 1,000,000 inhabitants.
18

(b) Original appointments. All original appointments made
19
to an affected fire department shall be made from a register of
20
eligibles established in accordance with the processes
21
established by this Section. Only persons who meet or exceed
22
the performance standards required by this Section shall be
23
placed on a register of eligibles for original appointment to
24
an affected fire department.
25

Whenever an appointing authority authorizes action to hire
26
a person to perform the duties of a firefighter or to hire a

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firefighter-paramedic to fill a position that is a new
2
position or vacancy due to resignation, discharge, promotion,
3
death, the granting of a disability or retirement pension, or
4
any other cause, the appointing authority shall appoint to
5
that position the person with the highest ranking on the final
6
eligibility list. If the appointing authority has reason to
7
conclude that the highest ranked person fails to meet the
8
minimum standards for the position or if the appointing
9
authority believes an alternate candidate would better serve
10
the needs of the department, then the appointing authority has
11
the right to pass over the highest ranked person and appoint
12
either: (i) any person who has a ranking in the top 5% of the
13
register of eligibles or (ii) any person who is among the top 5
14
highest ranked persons on the list of eligibles if the number
15
of people who have a ranking in the top 5% of the register of
16
eligibles is less than 5 people.
17

Any candidate may pass on an appointment once without
18
losing his or her position on the register of eligibles. Any
19
candidate who passes a second time may be removed from the list
20
by the appointing authority provided that such action shall
21
not prejudice a person's opportunities to participate in
22
future examinations, including an examination held during the
23
time a candidate is already on the municipality's register of
24
eligibles.
25

The sole authority to issue certificates of appointment
26
shall be vested in the Civil Service Commission. All

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certificates of appointment issued to any officer or member of
2
an affected department shall be signed by the chairperson and
3
secretary, respectively, of the commission upon appointment of
4
such officer or member to the affected department by the
5
commission. After being selected from the register of
6
eligibles to fill a vacancy in the affected department, each
7
appointee shall be presented with his or her certificate of
8
appointment on the day on which he or she is sworn in as a
9
classified member of the affected department. Firefighters who
10
were not issued a certificate of appointment when originally
11
appointed shall be provided with a certificate within 10 days
12
after making a written request to the chairperson of the Civil
13
Service Commission. Each person who accepts a certificate of
14
appointment and successfully completes his or her probationary
15
period shall be enrolled as a firefighter and as a regular
16
member of the fire department.
17

For the purposes of this Section, "firefighter" means any
18
person who has been prior to, on, or after August 4, 2011 (the
19
effective date of Public Act 97-251) appointed to a fire
20
department or fire protection district or employed by a State
21
university and sworn or commissioned to perform firefighter
22
duties or paramedic duties, or both, except that the following
23
persons are not included: part-time firefighters; auxiliary,
24
reserve, or voluntary firefighters, including paid-on-call
25
firefighters; clerks and dispatchers or other civilian
26
employees of a fire department or fire protection district who

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are not routinely expected to perform firefighter duties; and
2
elected officials.
3

(c) Qualification for placement on register of eligibles.
4
The purpose of establishing a register of eligibles is to
5
identify applicants who possess and demonstrate the mental
6
aptitude and physical ability to perform the duties required
7
of members of the fire department in order to provide the
8
highest quality of service to the public. To this end, all
9
applicants for original appointment to an affected fire
10
department shall be subject to examination and testing which
11
shall be public, competitive, and open to all applicants
12
unless the municipality shall by ordinance limit applicants to
13
residents of the municipality, county or counties in which the
14
municipality is located, State, or nation. Any examination and
15
testing procedure utilized under subsection (e) of this
16
Section shall be supported by appropriate validation evidence
17
and shall comply with all applicable State and federal laws.
18
Municipalities may establish educational, emergency medical
19
service licensure, and other prerequisites for participation
20
in an examination or for hire as a firefighter. Any
21
municipality may charge a fee to cover the costs of the
22
application process.
23

Residency requirements in effect at the time an individual
24
enters the fire service of a municipality cannot be made more
25
restrictive for that individual during his or her period of
26
service for that municipality, or be made a condition of

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promotion, except for the rank or position of fire chief and
2
for no more than 2 positions that rank immediately below that
3
of the chief rank which are appointed positions pursuant to
4
the Fire Department Promotion Act.
5

No person who is 35 years of age or older shall be eligible
6
to take an examination for a position as a firefighter unless
7
the person has had previous employment status as a firefighter
8
in the regularly constituted fire department of the
9
municipality, except as provided in this Section. The age
10
limitation does not apply to:
11

(1) any person previously employed as a full-time
12

firefighter in a regularly constituted fire department of
13

(i) any municipality or fire protection district located
14

in Illinois, (ii) a fire protection district whose
15

obligations were assumed by a municipality under Section
16

21 of the Fire Protection District Act, or (iii) a
17

municipality whose obligations were taken over by a fire
18

protection district,
19

(2) any person who has served a municipality as a
20

regularly enrolled volunteer, paid-on-call, or part-time
21

firefighter, or
22

(3) any person who turned 35 while serving as a member
23

of the active or reserve components of any of the branches
24

of the Armed Forces of the United States or the National
25

Guard of any state, whose service was characterized as
26

honorable or under honorable, if separated from the

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military, and is currently under the age of 40.
2

No person who is under
18

21
years of age shall be eligible
3
for employment as a firefighter.
4

No applicant shall be examined concerning his or her
5
political or religious opinions or affiliations. The
6
examinations shall be conducted by the commissioners of the
7
municipality or their designees and agents.
8

No municipality shall require that any firefighter
9
appointed to the lowest rank serve a probationary employment
10
period of longer than one year of actual active employment,
11
which may exclude periods of training, or injury or illness
12
leaves, including duty related leave, in excess of 30 calendar
13
days. Notwithstanding anything to the contrary in this
14
Section, the probationary employment period limitation may be
15
extended for a firefighter who is required, as a condition of
16
employment, to be a licensed paramedic, during which time the
17
sole reason that a firefighter may be discharged without a
18
hearing is for failing to meet the requirements for paramedic
19
licensure.
20

In the event that any applicant who has been found
21
eligible for appointment and whose name has been placed upon
22
the final eligibility register provided for in this Division 1
23
has not been appointed to a firefighter position within one
24
year after the date of his or her physical ability
25
examination, the commission may cause a second examination to
26
be made of that applicant's physical ability prior to his or

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her appointment. If, after the second examination, the
2
physical ability of the applicant shall be found to be less
3
than the minimum standard fixed by the rules of the
4
commission, the applicant shall not be appointed. The
5
applicant's name may be retained upon the register of
6
candidates eligible for appointment and when next reached for
7
certification and appointment that applicant may be again
8
examined as provided in this Section, and if the physical
9
ability of that applicant is found to be less than the minimum
10
standard fixed by the rules of the commission, the applicant
11
shall not be appointed, and the name of the applicant shall be
12
removed from the register.
13

(d) Notice, examination, and testing components. Notice of
14
the time, place, general scope, merit criteria for any
15
subjective component, and fee of every examination shall be
16
given by the commission, by a publication at least 2 weeks
17
preceding the examination: (i) in one or more newspapers
18
published in the municipality, or if no newspaper is published
19
therein, then in one or more newspapers with a general
20
circulation within the municipality, or (ii) on the
21
municipality's Internet website. Additional notice of the
22
examination may be given as the commission shall prescribe.
23

The examination and qualifying standards for employment of
24
firefighters shall be based on: mental aptitude, physical
25
ability, preferences, moral character, and health. The mental
26
aptitude, physical ability, and preference components shall

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determine an applicant's qualification for and placement on
2
the final register of eligibles. The examination may also
3
include a subjective component based on merit criteria as
4
determined by the commission. Scores from the examination must
5
be made available to the public.
6

(e) Mental aptitude. No person who does not possess at
7
least a high school diploma or an equivalent high school
8
education shall be placed on a register of eligibles.
9
Examination of an applicant's mental aptitude shall be based
10
upon a written examination. The examination shall be practical
11
in character and relate to those matters that fairly test the
12
capacity of the persons examined to discharge the duties
13
performed by members of a fire department. Written
14
examinations shall be administered in a manner that ensures
15
the security and accuracy of the scores achieved.
16

(f) Physical ability. All candidates shall be required to
17
undergo an examination of their physical ability to perform
18
the essential functions included in the duties they may be
19
called upon to perform as a member of a fire department. For
20
the purposes of this Section, essential functions of the job
21
are functions associated with duties that a firefighter may be
22
called upon to perform in response to emergency calls. The
23
frequency of the occurrence of those duties as part of the fire
24
department's regular routine shall not be a controlling factor
25
in the design of examination criteria or evolutions selected
26
for testing. These physical examinations shall be open,

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competitive, and based on industry standards designed to test
2
each applicant's physical abilities in the following
3
dimensions:
4

(1) Muscular strength to perform tasks and evolutions
5

that may be required in the performance of duties
6

including grip strength, leg strength, and arm strength.
7

Tests shall be conducted under anaerobic as well as
8

aerobic conditions to test both the candidate's speed and
9

endurance in performing tasks and evolutions. Tasks tested
10

may be based on standards developed, or approved, by the
11

local appointing authority.
12

(2) The ability to climb ladders, operate from
13

heights, walk or crawl in the dark along narrow and uneven
14

surfaces, and operate in proximity to hazardous
15

environments.
16

(3) The ability to carry out critical, time-sensitive,
17

and complex problem solving during physical exertion in
18

stressful and hazardous environments. The testing
19

environment may be hot and dark with tightly enclosed
20

spaces, flashing lights, sirens, and other distractions.
21

The tests utilized to measure each applicant's
22
capabilities in each of these dimensions may be tests based on
23
industry standards currently in use or equivalent tests
24
approved by the Joint Labor-Management Committee of the Office
25
of the State Fire Marshal.
26

Physical ability examinations administered under this

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Section shall be conducted with a reasonable number of
2
proctors and monitors, open to the public, and subject to
3
reasonable regulations of the commission.
4

(g) Scoring of examination components. Appointing
5
authorities may create a preliminary eligibility register. A
6
person shall be placed on the list based upon his or her
7
passage of the written examination or the passage of the
8
written examination and the physical ability component.
9
Passage of the written examination means attaining the minimum
10
score set by the commission. Minimum scores should be set by
11
the commission so as to demonstrate a candidate's ability to
12
perform the essential functions of the job. The minimum score
13
set by the commission shall be supported by appropriate
14
validation evidence and shall comply with all applicable State
15
and federal laws. The appointing authority may conduct the
16
physical ability component and any subjective components
17
subsequent to the posting of the preliminary eligibility
18
register.
19

The examination components for an initial eligibility
20
register shall be graded on a 100-point scale. A person's
21
position on the list shall be determined by the following: (i)
22
the person's score on the written examination, (ii) the person
23
successfully passing the physical ability component, and (iii)
24
the person's results on any subjective component as described
25
in subsection (d).
26

In order to qualify for placement on the final eligibility

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register, an applicant's score on the written examination,
2
before any applicable preference points or subjective points
3
are applied, shall be at or above the minimum score set by the
4
commission. The local appointing authority may prescribe the
5
score to qualify for placement on the final eligibility
6
register, but the score shall not be less than the minimum
7
score set by the commission.
8

The commission shall prepare and keep a register of
9
persons whose total score is not less than the minimum score
10
for passage and who have passed the physical ability
11
examination. These persons shall take rank upon the register
12
as candidates in the order of their relative excellence based
13
on the highest to the lowest total points scored on the mental
14
aptitude, subjective component, and preference components of
15
the test administered in accordance with this Section. No more
16
than 60 days after each examination, an initial eligibility
17
list shall be posted by the commission. The list shall include
18
the final grades of the candidates without reference to
19
priority of the time of examination and subject to claim for
20
preference credit.
21

Commissions may conduct additional examinations, including
22
without limitation a polygraph test, after a final eligibility
23
register is established and before it expires with the
24
candidates ranked by total score without regard to date of
25
examination. No more than 60 days after each examination, an
26
initial eligibility list shall be posted by the commission

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showing the final grades of the candidates without reference
2
to priority of time of examination and subject to claim for
3
preference credit.
4

(h) Preferences. The following are preferences:
5

(1) Veteran preference. Persons who were engaged in
6

the military service of the United States for a period of
7

at least one year of active duty and who were honorably
8

discharged therefrom, or who are now or have been members
9

on inactive or reserve duty in such military or naval
10

service, shall be preferred for appointment to and
11

employment with the fire department of an affected
12

department.
13

(2) Fire cadet preference. Persons who have
14

successfully completed 2 years of study in fire techniques
15

or cadet training within a cadet program established under
16

the rules of the Joint Labor and Management Committee
17

(JLMC), as defined in Section 50 of the Fire Department
18

Promotion Act, may be preferred for appointment to and
19

employment with the fire department.
20

(3) Educational preference. Persons who have
21

successfully obtained an associate's degree in the field
22

of fire service or emergency medical services, or a
23

bachelor's degree from an accredited college or university
24

may be preferred for appointment to and employment with
25

the fire department.
26

(4) Paramedic preference. Persons who have obtained a

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license as a paramedic may be preferred for appointment to
2

and employment with the fire department of an affected
3

department providing emergency medical services.
4

(5) Experience preference. All persons employed by a
5

municipality who have been paid-on-call or part-time
6

certified Firefighter II, certified Firefighter III, State
7

of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
8

paramedic, or any combination of those capacities may be
9

awarded up to a maximum of 5 points. However, the
10

applicant may not be awarded more than 0.5 points for each
11

complete year of paid-on-call or part-time service.
12

Applicants from outside the municipality who were employed
13

as full-time firefighters or firefighter-paramedics by a
14

fire protection district or another municipality may be
15

awarded up to 5 experience preference points. However, the
16

applicant may not be awarded more than one point for each
17

complete year of full-time service.
18

Upon request by the commission, the governing body of
19

the municipality or in the case of applicants from outside
20

the municipality the governing body of any fire protection
21

district or any other municipality shall certify to the
22

commission, within 10 days after the request, the number
23

of years of successful paid-on-call, part-time, or
24

full-time service of any person. A candidate may not
25

receive the full amount of preference points under this
26

subsection if the amount of points awarded would place the

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candidate before a veteran on the eligibility list. If
2

more than one candidate receiving experience preference
3

points is prevented from receiving all of their points due
4

to not being allowed to pass a veteran, the candidates
5

shall be placed on the list below the veteran in rank order
6

based on the totals received if all points under this
7

subsection were to be awarded. Any remaining ties on the
8

list shall be determined by lot.
9

(6) Residency preference. Applicants whose principal
10

residence is located within the fire department's
11

jurisdiction may be preferred for appointment to and
12

employment with the fire department.
13

(7) Additional preferences. Up to 5 additional
14

preference points may be awarded for unique categories
15

based on an applicant's experience or background as
16

identified by the commission.
17

(7.5) Apprentice preferences. A person who has
18

performed fire suppression service for a department as a
19

firefighter apprentice and otherwise meets the
20

qualifications for original appointment as a firefighter
21

specified in this Section may be awarded up to 20
22

preference points. To qualify for preference points, an
23

applicant shall have completed a minimum of 600 hours of
24

fire suppression work on a regular shift for the affected
25

fire department over a 12-month period. The fire
26

suppression work must be in accordance with Section

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1

10-1-14 of this Division and the terms established by a
2

Joint Apprenticeship Committee included in a collective
3

bargaining agreement agreed between the employer and its
4

certified bargaining agent. An eligible applicant must
5

apply to the Joint Apprenticeship Committee for preference
6

points under this item. The Joint Apprenticeship Committee
7

shall evaluate the merit of the applicant's performance,
8

determine the preference points to be awarded, and certify
9

the amount of points awarded to the commissioners. The
10

commissioners may add the certified preference points to
11

the final grades achieved by the applicant on the other
12

components of the examination.
13

(8) Scoring of preferences. The commission shall give
14

preference for original appointment to persons designated
15

in item (1) by adding to the final grade that they receive
16

5 points for the recognized preference achieved. The
17

commission may give preference for original appointment to
18

persons designated in item (7.5) by adding to the final
19

grade the amount of points designated by the Joint
20

Apprenticeship Committee as defined in item (7.5). The
21

commission shall determine the number of preference points
22

for each category, except items (1) and (7.5). The number
23

of preference points for each category shall range from 0
24

to 5, except item (7.5). In determining the number of
25

preference points, the commission shall prescribe that if
26

a candidate earns the maximum number of preference points

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1

in all categories except item (7.5), that number may not
2

be less than 10 nor more than 30. The commission shall give
3

preference for original appointment to persons designated
4

in items (2) through (7) by adding the requisite number of
5

points to the final grade for each recognized preference
6

achieved. The numerical result thus attained shall be
7

applied by the commission in determining the final
8

eligibility list and appointment from the eligibility
9

list. The local appointing authority may prescribe the
10

total number of preference points awarded under this
11

Section, but the total number of preference points, except
12

item (7.5), shall not be less than 10 points or more than
13

30 points. Apprentice preference points may be added in
14

addition to other preference points awarded by the
15

commission.
16

No person entitled to any preference shall be required to
17
claim the credit before any examination held under the
18
provisions of this Section, but the preference shall be given
19
after the posting or publication of the initial eligibility
20
list or register at the request of a person entitled to a
21
credit before any certification or appointments are made from
22
the eligibility register, upon the furnishing of verifiable
23
evidence and proof of qualifying preference credit. Candidates
24
who are eligible for preference credit shall make a claim in
25
writing within 10 days after the posting of the initial
26
eligibility list, or the claim shall be deemed waived. Final

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eligibility registers shall be established after the awarding
2
of verified preference points. However, apprentice preference
3
credit earned subsequent to the establishment of the final
4
eligibility register may be applied to the applicant's score
5
upon certification by the Joint Apprenticeship Committee to
6
the commission and the rank order of candidates on the final
7
eligibility register shall be adjusted accordingly. All
8
employment shall be subject to the commission's initial hire
9
background review, including, but not limited to, criminal
10
history, employment history, moral character, oral
11
examination, and medical and psychological examinations, all
12
on a pass-fail basis. The medical and psychological
13
examinations must be conducted last, and may only be performed
14
after a conditional offer of employment has been extended.
15

Any person placed on an eligibility list who exceeds the
16
age requirement before being appointed to a fire department
17
shall remain eligible for appointment until the list is
18
abolished, or his or her name has been on the list for a period
19
of 2 years. No person who has attained the age of 35 years
20
shall be inducted into a fire department, except as otherwise
21
provided in this Section.
22

The commission shall strike off the names of candidates
23
for original appointment after the names have been on the list
24
for more than 2 years.
25

(i) Moral character. No person shall be appointed to a
26
fire department unless he or she is a person of good character;

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not a habitual drunkard, a gambler, or a person who has been
2
convicted of a felony or a crime involving moral turpitude.
3
However, no person shall be disqualified from appointment to
4
the fire department because of the person's record of
5
misdemeanor convictions except those under Sections 11-6,
6
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
7
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
8
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
9
(1), (6), and (8) of subsection (a) of Section 24-1 of the
10
Criminal Code of 1961 or the Criminal Code of 2012, or arrest
11
for any cause without conviction thereon. Any such person who
12
is in the department may be removed on charges brought for
13
violating this subsection and after a trial as hereinafter
14
provided.
15

A classifiable set of the fingerprints of every person who
16
is offered employment as a certificated member of an affected
17
fire department whether with or without compensation, shall be
18
furnished to the Illinois State Police and to the Federal
19
Bureau of Investigation by the commission.
20

Whenever a commission is authorized or required by law to
21
consider some aspect of criminal history record information
22
for the purpose of carrying out its statutory powers and
23
responsibilities, then, upon request and payment of fees in
24
conformance with the requirements of Section 2605-400 of the
25
Illinois State Police Law of the Civil Administrative Code of
26
Illinois, the Illinois State Police is authorized to furnish,

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pursuant to positive identification, the information contained
2
in State files as is necessary to fulfill the request.
3

(j) Temporary appointments. In order to prevent a stoppage
4
of public business, to meet extraordinary exigencies, or to
5
prevent material impairment of the fire department, the
6
commission may make temporary appointments, to remain in force
7
only until regular appointments are made under the provisions
8
of this Division, but never to exceed 60 days. No temporary
9
appointment of any one person shall be made more than twice in
10
any calendar year.
11

(k) A person who knowingly divulges or receives test
12
questions or answers before a written examination, or
13
otherwise knowingly violates or subverts any requirement of
14
this Section, commits a violation of this Section and may be
15
subject to charges for official misconduct.
16

A person who is the knowing recipient of test information
17
in advance of the examination shall be disqualified from the
18
examination or discharged from the position to which he or she
19
was appointed, as applicable, and otherwise subjected to
20
disciplinary actions.
21
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
22
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
23
5-13-22.)

24

(65 ILCS 5/10-2.1-6.3)
25

Sec. 10-2.1-6.3.
Original appointments; full-time fire

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department.
2

(a) Applicability. Unless a commission elects to follow
3
the provisions of Section 10-2.1-6.4, this Section shall apply
4
to all original appointments to an affected full-time fire
5
department. Existing registers of eligibles shall continue to
6
be valid until their expiration dates, or up to a maximum of 2
7
years after August 4, 2011 (the effective date of Public Act
8
97-251).
9

Notwithstanding any statute, ordinance, rule, or other law
10
to the contrary, all original appointments to an affected
11
department to which this Section applies shall be administered
12
in the manner provided for in this Section. Provisions of the
13
Illinois Municipal Code, municipal ordinances, and rules
14
adopted pursuant to such authority and other laws relating to
15
initial hiring of firefighters in affected departments shall
16
continue to apply to the extent they are compatible with this
17
Section, but in the event of a conflict between this Section
18
and any other law, this Section shall control.
19

A home rule or non-home rule municipality may not
20
administer its fire department process for original
21
appointments in a manner that is less stringent than this
22
Section. This Section is a limitation under subsection (i) of
23
Section 6 of Article VII of the Illinois Constitution on the
24
concurrent exercise by home rule units of the powers and
25
functions exercised by the State.
26

A municipality that is operating under a court order or

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consent decree regarding original appointments to a full-time
2
fire department before August 4, 2011 (the effective date of
3
Public Act 97-251) is exempt from the requirements of this
4
Section for the duration of the court order or consent decree.
5

Notwithstanding any other provision of this subsection
6
(a), this Section does not apply to a municipality with more
7
than 1,000,000 inhabitants.
8

(b) Original appointments. All original appointments made
9
to an affected fire department shall be made from a register of
10
eligibles established in accordance with the processes
11
established by this Section. Only persons who meet or exceed
12
the performance standards required by this Section shall be
13
placed on a register of eligibles for original appointment to
14
an affected fire department.
15

Whenever an appointing authority authorizes action to hire
16
a person to perform the duties of a firefighter or to hire a
17
firefighter-paramedic to fill a position that is a new
18
position or vacancy due to resignation, discharge, promotion,
19
death, the granting of a disability or retirement pension, or
20
any other cause, the appointing authority shall appoint to
21
that position the person with the highest ranking on the final
22
eligibility list. If the appointing authority has reason to
23
conclude that the highest ranked person fails to meet the
24
minimum standards for the position or if the appointing
25
authority believes an alternate candidate would better serve
26
the needs of the department, then the appointing authority has

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the right to pass over the highest ranked person and appoint
2
either: (i) any person who has a ranking in the top 5% of the
3
register of eligibles or (ii) any person who is among the top 5
4
highest ranked persons on the list of eligibles if the number
5
of people who have a ranking in the top 5% of the register of
6
eligibles is less than 5 people.
7

Any candidate may pass on an appointment once without
8
losing his or her position on the register of eligibles. Any
9
candidate who passes a second time may be removed from the list
10
by the appointing authority provided that such action shall
11
not prejudice a person's opportunities to participate in
12
future examinations, including an examination held during the
13
time a candidate is already on the municipality's register of
14
eligibles.
15

The sole authority to issue certificates of appointment
16
shall be vested in the board of fire and police commissioners.
17
All certificates of appointment issued to any officer or
18
member of an affected department shall be signed by the
19
chairperson and secretary, respectively, of the board upon
20
appointment of such officer or member to the affected
21
department by action of the board. After being selected from
22
the register of eligibles to fill a vacancy in the affected
23
department, each appointee shall be presented with his or her
24
certificate of appointment on the day on which he or she is
25
sworn in as a classified member of the affected department.
26
Firefighters who were not issued a certificate of appointment

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when originally appointed shall be provided with a certificate
2
within 10 days after making a written request to the
3
chairperson of the board of fire and police commissioners.
4
Each person who accepts a certificate of appointment and
5
successfully completes his or her probationary period shall be
6
enrolled as a firefighter and as a regular member of the fire
7
department.
8

For the purposes of this Section, "firefighter" means any
9
person who has been prior to, on, or after August 4, 2011 (the
10
effective date of Public Act 97-251) appointed to a fire
11
department or fire protection district or employed by a State
12
university and sworn or commissioned to perform firefighter
13
duties or paramedic duties, or both, except that the following
14
persons are not included: part-time firefighters; auxiliary,
15
reserve, or voluntary firefighters, including paid-on-call
16
firefighters; clerks and dispatchers or other civilian
17
employees of a fire department or fire protection district who
18
are not routinely expected to perform firefighter duties; and
19
elected officials.
20

(c) Qualification for placement on register of eligibles.
21
The purpose of establishing a register of eligibles is to
22
identify applicants who possess and demonstrate the mental
23
aptitude and physical ability to perform the duties required
24
of members of the fire department in order to provide the
25
highest quality of service to the public. To this end, all
26
applicants for original appointment to an affected fire

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department shall be subject to examination and testing which
2
shall be public, competitive, and open to all applicants
3
unless the municipality shall by ordinance limit applicants to
4
residents of the municipality, county or counties in which the
5
municipality is located, State, or nation. Any examination and
6
testing procedure utilized under subsection (e) of this
7
Section shall be supported by appropriate validation evidence
8
and shall comply with all applicable State and federal laws.
9
Municipalities may establish educational, emergency medical
10
service licensure, and other prerequisites for participation
11
in an examination or for hire as a firefighter. Any
12
municipality may charge a fee to cover the costs of the
13
application process.
14

Residency requirements in effect at the time an individual
15
enters the fire service of a municipality cannot be made more
16
restrictive for that individual during his or her period of
17
service for that municipality, or be made a condition of
18
promotion, except for the rank or position of fire chief and
19
for no more than 2 positions that rank immediately below that
20
of the chief rank which are appointed positions pursuant to
21
the Fire Department Promotion Act.
22

No person who is 35 years of age or older shall be eligible
23
to take an examination for a position as a firefighter unless
24
the person has had previous employment status as a firefighter
25
in the regularly constituted fire department of the
26
municipality, except as provided in this Section. The age

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limitation does not apply to:
2

(1) any person previously employed as a full-time
3

firefighter in a regularly constituted fire department of
4

(i) any municipality or fire protection district located
5

in Illinois, (ii) a fire protection district whose
6

obligations were assumed by a municipality under Section
7

21 of the Fire Protection District Act, or (iii) a
8

municipality whose obligations were taken over by a fire
9

protection district,
10

(2) any person who has served a municipality as a
11

regularly enrolled volunteer, paid-on-call, or part-time
12

firefighter, or
13

(3) any person who turned 35 while serving as a member
14

of the active or reserve components of any of the branches
15

of the Armed Forces of the United States or the National
16

Guard of any state, whose service was characterized as
17

honorable or under honorable, if separated from the
18

military, and is currently under the age of 40.
19

No person who is under
18

21
years of age shall be eligible
20
for employment as a firefighter.
21

No applicant shall be examined concerning his or her
22
political or religious opinions or affiliations. The
23
examinations shall be conducted by the commissioners of the
24
municipality or their designees and agents.
25

No municipality shall require that any firefighter
26
appointed to the lowest rank serve a probationary employment

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period of longer than one year of actual active employment,
2
which may exclude periods of training, or injury or illness
3
leaves, including duty related leave, in excess of 30 calendar
4
days. Notwithstanding anything to the contrary in this
5
Section, the probationary employment period limitation may be
6
extended for a firefighter who is required, as a condition of
7
employment, to be a licensed paramedic, during which time the
8
sole reason that a firefighter may be discharged without a
9
hearing is for failing to meet the requirements for paramedic
10
licensure.
11

In the event that any applicant who has been found
12
eligible for appointment and whose name has been placed upon
13
the final eligibility register provided for in this Section
14
has not been appointed to a firefighter position within one
15
year after the date of his or her physical ability
16
examination, the commission may cause a second examination to
17
be made of that applicant's physical ability prior to his or
18
her appointment. If, after the second examination, the
19
physical ability of the applicant shall be found to be less
20
than the minimum standard fixed by the rules of the
21
commission, the applicant shall not be appointed. The
22
applicant's name may be retained upon the register of
23
candidates eligible for appointment and when next reached for
24
certification and appointment that applicant may be again
25
examined as provided in this Section, and if the physical
26
ability of that applicant is found to be less than the minimum

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standard fixed by the rules of the commission, the applicant
2
shall not be appointed, and the name of the applicant shall be
3
removed from the register.
4

(d) Notice, examination, and testing components. Notice of
5
the time, place, general scope, merit criteria for any
6
subjective component, and fee of every examination shall be
7
given by the commission, by a publication at least 2 weeks
8
preceding the examination: (i) in one or more newspapers
9
published in the municipality, or if no newspaper is published
10
therein, then in one or more newspapers with a general
11
circulation within the municipality, or (ii) on the
12
municipality's Internet website. Additional notice of the
13
examination may be given as the commission shall prescribe.
14

The examination and qualifying standards for employment of
15
firefighters shall be based on: mental aptitude, physical
16
ability, preferences, moral character, and health. The mental
17
aptitude, physical ability, and preference components shall
18
determine an applicant's qualification for and placement on
19
the final register of eligibles. The examination may also
20
include a subjective component based on merit criteria as
21
determined by the commission. Scores from the examination must
22
be made available to the public.
23

(e) Mental aptitude. No person who does not possess at
24
least a high school diploma or an equivalent high school
25
education shall be placed on a register of eligibles.
26
Examination of an applicant's mental aptitude shall be based

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upon a written examination. The examination shall be practical
2
in character and relate to those matters that fairly test the
3
capacity of the persons examined to discharge the duties
4
performed by members of a fire department. Written
5
examinations shall be administered in a manner that ensures
6
the security and accuracy of the scores achieved.
7

(f) Physical ability. All candidates shall be required to
8
undergo an examination of their physical ability to perform
9
the essential functions included in the duties they may be
10
called upon to perform as a member of a fire department. For
11
the purposes of this Section, essential functions of the job
12
are functions associated with duties that a firefighter may be
13
called upon to perform in response to emergency calls. The
14
frequency of the occurrence of those duties as part of the fire
15
department's regular routine shall not be a controlling factor
16
in the design of examination criteria or evolutions selected
17
for testing. These physical examinations shall be open,
18
competitive, and based on industry standards designed to test
19
each applicant's physical abilities in the following
20
dimensions:
21

(1) Muscular strength to perform tasks and evolutions
22

that may be required in the performance of duties
23

including grip strength, leg strength, and arm strength.
24

Tests shall be conducted under anaerobic as well as
25

aerobic conditions to test both the candidate's speed and
26

endurance in performing tasks and evolutions. Tasks tested

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may be based on standards developed, or approved, by the
2

local appointing authority.
3

(2) The ability to climb ladders, operate from
4

heights, walk or crawl in the dark along narrow and uneven
5

surfaces, and operate in proximity to hazardous
6

environments.
7

(3) The ability to carry out critical, time-sensitive,
8

and complex problem solving during physical exertion in
9

stressful and hazardous environments. The testing
10

environment may be hot and dark with tightly enclosed
11

spaces, flashing lights, sirens, and other distractions.
12

The tests utilized to measure each applicant's
13
capabilities in each of these dimensions may be tests based on
14
industry standards currently in use or equivalent tests
15
approved by the Joint Labor-Management Committee of the Office
16
of the State Fire Marshal.
17

Physical ability examinations administered under this
18
Section shall be conducted with a reasonable number of
19
proctors and monitors, open to the public, and subject to
20
reasonable regulations of the commission.
21

(g) Scoring of examination components. Appointing
22
authorities may create a preliminary eligibility register. A
23
person shall be placed on the list based upon his or her
24
passage of the written examination or the passage of the
25
written examination and the physical ability component.
26
Passage of the written examination means attaining the minimum

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score set by the commission. Minimum scores should be set by
2
the commission so as to demonstrate a candidate's ability to
3
perform the essential functions of the job. The minimum score
4
set by the commission shall be supported by appropriate
5
validation evidence and shall comply with all applicable State
6
and federal laws. The appointing authority may conduct the
7
physical ability component and any subjective components
8
subsequent to the posting of the preliminary eligibility
9
register.
10

The examination components for an initial eligibility
11
register shall be graded on a 100-point scale. A person's
12
position on the list shall be determined by the following: (i)
13
the person's score on the written examination, (ii) the person
14
successfully passing the physical ability component, and (iii)
15
the person's results on any subjective component as described
16
in subsection (d).
17

In order to qualify for placement on the final eligibility
18
register, an applicant's score on the written examination,
19
before any applicable preference points or subjective points
20
are applied, shall be at or above the minimum score as set by
21
the commission. The local appointing authority may prescribe
22
the score to qualify for placement on the final eligibility
23
register, but the score shall not be less than the minimum
24
score set by the commission.
25

The commission shall prepare and keep a register of
26
persons whose total score is not less than the minimum score

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for passage and who have passed the physical ability
2
examination. These persons shall take rank upon the register
3
as candidates in the order of their relative excellence based
4
on the highest to the lowest total points scored on the mental
5
aptitude, subjective component, and preference components of
6
the test administered in accordance with this Section. No more
7
than 60 days after each examination, an initial eligibility
8
list shall be posted by the commission. The list shall include
9
the final grades of the candidates without reference to
10
priority of the time of examination and subject to claim for
11
preference credit.
12

Commissions may conduct additional examinations, including
13
without limitation a polygraph test, after a final eligibility
14
register is established and before it expires with the
15
candidates ranked by total score without regard to date of
16
examination. No more than 60 days after each examination, an
17
initial eligibility list shall be posted by the commission
18
showing the final grades of the candidates without reference
19
to priority of time of examination and subject to claim for
20
preference credit.
21

(h) Preferences. The following are preferences:
22

(1) Veteran preference. Persons who were engaged in
23

the military service of the United States for a period of
24

at least one year of active duty and who were honorably
25

discharged therefrom, or who are now or have been members
26

on inactive or reserve duty in such military or naval

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service, shall be preferred for appointment to and
2

employment with the fire department of an affected
3

department.
4

(2) Fire cadet preference. Persons who have
5

successfully completed 2 years of study in fire techniques
6

or cadet training within a cadet program established under
7

the rules of the Joint Labor and Management Committee
8

(JLMC), as defined in Section 50 of the Fire Department
9

Promotion Act, may be preferred for appointment to and
10

employment with the fire department.
11

(3) Educational preference. Persons who have
12

successfully obtained an associate's degree in the field
13

of fire service or emergency medical services, or a
14

bachelor's degree from an accredited college or university
15

may be preferred for appointment to and employment with
16

the fire department.
17

(4) Paramedic preference. Persons who have obtained a
18

license as a paramedic shall be preferred for appointment
19

to and employment with the fire department of an affected
20

department providing emergency medical services.
21

(5) Experience preference. All persons employed by a
22

municipality who have been paid-on-call or part-time
23

certified Firefighter II, State of Illinois or nationally
24

licensed EMT, EMT-I, A-EMT, or any combination of those
25

capacities shall be awarded 0.5 point for each year of
26

successful service in one or more of those capacities, up

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to a maximum of 5 points. Certified Firefighter III and
2

State of Illinois or nationally licensed paramedics shall
3

be awarded one point per year up to a maximum of 5 points.
4

Applicants from outside the municipality who were employed
5

as full-time firefighters or firefighter-paramedics by a
6

fire protection district or another municipality for at
7

least 2 years shall be awarded 5 experience preference
8

points. These additional points presuppose a rating scale
9

totaling 100 points available for the eligibility list. If
10

more or fewer points are used in the rating scale for the
11

eligibility list, the points awarded under this subsection
12

shall be increased or decreased by a factor equal to the
13

total possible points available for the examination
14

divided by 100.
15

Upon request by the commission, the governing body of
16

the municipality or in the case of applicants from outside
17

the municipality the governing body of any fire protection
18

district or any other municipality shall certify to the
19

commission, within 10 days after the request, the number
20

of years of successful paid-on-call, part-time, or
21

full-time service of any person. A candidate may not
22

receive the full amount of preference points under this
23

subsection if the amount of points awarded would place the
24

candidate before a veteran on the eligibility list. If
25

more than one candidate receiving experience preference
26

points is prevented from receiving all of their points due

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to not being allowed to pass a veteran, the candidates
2

shall be placed on the list below the veteran in rank order
3

based on the totals received if all points under this
4

subsection were to be awarded. Any remaining ties on the
5

list shall be determined by lot.
6

(6) Residency preference. Applicants whose principal
7

residence is located within the fire department's
8

jurisdiction shall be preferred for appointment to and
9

employment with the fire department.
10

(7) Additional preferences. Up to 5 additional
11

preference points may be awarded for unique categories
12

based on an applicant's experience or background as
13

identified by the commission.
14

(7.5) Apprentice preferences. A person who has
15

performed fire suppression service for a department as a
16

firefighter apprentice and otherwise meets the
17

qualifications for original appointment as a firefighter
18

specified in this Section is eligible to be awarded up to
19

20 preference points. To qualify for preference points, an
20

applicant shall have completed a minimum of 600 hours of
21

fire suppression work on a regular shift for the affected
22

fire department over a 12-month period. The fire
23

suppression work must be in accordance with Section
24

10-2.1-4 of this Division and the terms established by a
25

Joint Apprenticeship Committee included in a collective
26

bargaining agreement agreed between the employer and its

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certified bargaining agent. An eligible applicant must
2

apply to the Joint Apprenticeship Committee for preference
3

points under this item. The Joint Apprenticeship Committee
4

shall evaluate the merit of the applicant's performance,
5

determine the preference points to be awarded, and certify
6

the amount of points awarded to the commissioners. The
7

commissioners may add the certified preference points to
8

the final grades achieved by the applicant on the other
9

components of the examination.
10

(8) Scoring of preferences. The commission may give
11

preference for original appointment to persons designated
12

in item (1) by adding to the final grade that they receive
13

5 points for the recognized preference achieved. The
14

commission may give preference for original appointment to
15

persons designated in item (7.5) by adding to the final
16

grade the amount of points designated by the Joint
17

Apprenticeship Committee as defined in item (7.5). The
18

commission shall determine the number of preference points
19

for each category, except items (1) and (7.5). The number
20

of preference points for each category shall range from 0
21

to 5, except item (7.5). In determining the number of
22

preference points, the commission shall prescribe that if
23

a candidate earns the maximum number of preference points
24

in all categories except item (7.5), that number may not
25

be less than 10 nor more than 30. The commission shall give
26

preference for original appointment to persons designated

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in items (2) through (7) by adding the requisite number of
2

points to the final grade for each recognized preference
3

achieved. The numerical result thus attained shall be
4

applied by the commission in determining the final
5

eligibility list and appointment from the eligibility
6

list. The local appointing authority may prescribe the
7

total number of preference points awarded under this
8

Section, but the total number of preference points, except
9

item (7.5), shall not be less than 10 points or more than
10

30 points. Apprentice preference points may be added in
11

addition to other preference points awarded by the
12

commission.
13

No person entitled to any preference shall be required to
14
claim the credit before any examination held under the
15
provisions of this Section, but the preference may be given
16
after the posting or publication of the initial eligibility
17
list or register at the request of a person entitled to a
18
credit before any certification or appointments are made from
19
the eligibility register, upon the furnishing of verifiable
20
evidence and proof of qualifying preference credit. Candidates
21
who are eligible for preference credit may make a claim in
22
writing within 10 days after the posting of the initial
23
eligibility list, or the claim may be deemed waived. Final
24
eligibility registers may be established after the awarding of
25
verified preference points. However, apprentice preference
26
credit earned subsequent to the establishment of the final

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eligibility register may be applied to the applicant's score
2
upon certification by the Joint Apprenticeship Committee to
3
the commission and the rank order of candidates on the final
4
eligibility register shall be adjusted accordingly. All
5
employment shall be subject to the commission's initial hire
6
background review, including, but not limited to, criminal
7
history, employment history, moral character, oral
8
examination, and medical and psychological examinations, all
9
on a pass-fail basis. The medical and psychological
10
examinations must be conducted last, and may only be performed
11
after a conditional offer of employment has been extended.
12

Any person placed on an eligibility list who exceeds the
13
age requirement before being appointed to a fire department
14
shall remain eligible for appointment until the list is
15
abolished, or his or her name has been on the list for a period
16
of 2 years. No person who has attained the age of 35 years
17
shall be inducted into a fire department, except as otherwise
18
provided in this Section.
19

The commission shall strike off the names of candidates
20
for original appointment after the names have been on the list
21
for more than 2 years.
22

(i) Moral character. No person shall be appointed to a
23
fire department unless he or she is a person of good character;
24
not a habitual drunkard, a gambler, or a person who has been
25
convicted of a felony or a crime involving moral turpitude.
26
However, no person shall be disqualified from appointment to

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the fire department because of the person's record of
2
misdemeanor convictions except those under Sections 11-6,
3
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
4
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
5
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
6
(1), (6), and (8) of subsection (a) of Section 24-1 of the
7
Criminal Code of 1961 or the Criminal Code of 2012, or arrest
8
for any cause without conviction thereon. Any such person who
9
is in the department may be removed on charges brought for
10
violating this subsection and after a trial as hereinafter
11
provided.
12

A classifiable set of the fingerprints of every person who
13
is offered employment as a certificated member of an affected
14
fire department whether with or without compensation, shall be
15
furnished to the Illinois State Police and to the Federal
16
Bureau of Investigation by the commission.
17

Whenever a commission is authorized or required by law to
18
consider some aspect of criminal history record information
19
for the purpose of carrying out its statutory powers and
20
responsibilities, then, upon request and payment of fees in
21
conformance with the requirements of Section 2605-400 of the
22
Illinois State Police Law of the Civil Administrative Code of
23
Illinois, the Illinois State Police is authorized to furnish,
24
pursuant to positive identification, the information contained
25
in State files as is necessary to fulfill the request.
26

(j) Temporary appointments. In order to prevent a stoppage

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of public business, to meet extraordinary exigencies, or to
2
prevent material impairment of the fire department, the
3
commission may make temporary appointments, to remain in force
4
only until regular appointments are made under the provisions
5
of this Division, but never to exceed 60 days. No temporary
6
appointment of any one person shall be made more than twice in
7
any calendar year.
8

(k) A person who knowingly divulges or receives test
9
questions or answers before a written examination, or
10
otherwise knowingly violates or subverts any requirement of
11
this Section, commits a violation of this Section and may be
12
subject to charges for official misconduct.
13

A person who is the knowing recipient of test information
14
in advance of the examination shall be disqualified from the
15
examination or discharged from the position to which he or she
16
was appointed, as applicable, and otherwise subjected to
17
disciplinary actions.
18
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
19
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
20
5-13-22.)

21

Section 10.
The Fire Protection District Act is amended by
22
changing Section 16.06b as follows:

23

(70 ILCS 705/16.06b)
24

Sec. 16.06b.
Original appointments; full-time fire

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department.
2

(a) Applicability. Unless a commission elects to follow
3
the provisions of Section 16.06c, this Section shall apply to
4
all original appointments to an affected full-time fire
5
department. Existing registers of eligibles shall continue to
6
be valid until their expiration dates, or up to a maximum of 2
7
years after August 4, 2011 (the effective date of Public Act
8
97-251).
9

Notwithstanding any statute, ordinance, rule, or other law
10
to the contrary, all original appointments to an affected
11
department to which this Section applies shall be administered
12
in a no less stringent manner than the manner provided for in
13
this Section. Provisions of the Illinois Municipal Code, Fire
14
Protection District Act, fire district ordinances, and rules
15
adopted pursuant to such authority and other laws relating to
16
initial hiring of firefighters in affected departments shall
17
continue to apply to the extent they are compatible with this
18
Section, but in the event of a conflict between this Section
19
and any other law, this Section shall control.
20

A fire protection district that is operating under a court
21
order or consent decree regarding original appointments to a
22
full-time fire department before August 4, 2011 (the effective
23
date of Public Act 97-251) is exempt from the requirements of
24
this Section for the duration of the court order or consent
25
decree.
26

(b) Original appointments. All original appointments made

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to an affected fire department shall be made from a register of
2
eligibles established in accordance with the processes
3
required by this Section. Only persons who meet or exceed the
4
performance standards required by the Section shall be placed
5
on a register of eligibles for original appointment to an
6
affected fire department.
7

Whenever an appointing authority authorizes action to hire
8
a person to perform the duties of a firefighter or to hire a
9
firefighter-paramedic to fill a position that is a new
10
position or vacancy due to resignation, discharge, promotion,
11
death, the granting of a disability or retirement pension, or
12
any other cause, the appointing authority shall appoint to
13
that position the person with the highest ranking on the final
14
eligibility list. If the appointing authority has reason to
15
conclude that the highest ranked person fails to meet the
16
minimum standards for the position or if the appointing
17
authority believes an alternate candidate would better serve
18
the needs of the department, then the appointing authority has
19
the right to pass over the highest ranked person and appoint
20
either: (i) any person who has a ranking in the top 5% of the
21
register of eligibles or (ii) any person who is among the top 5
22
highest ranked persons on the list of eligibles if the number
23
of people who have a ranking in the top 5% of the register of
24
eligibles is less than 5 people.
25

Any candidate may pass on an appointment once without
26
losing his or her position on the register of eligibles. Any

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candidate who passes a second time may be removed from the list
2
by the appointing authority provided that such action shall
3
not prejudice a person's opportunities to participate in
4
future examinations, including an examination held during the
5
time a candidate is already on the fire district's register of
6
eligibles.
7

The sole authority to issue certificates of appointment
8
shall be vested in the board of fire commissioners, or board of
9
trustees serving in the capacity of a board of fire
10
commissioners. All certificates of appointment issued to any
11
officer or member of an affected department shall be signed by
12
the chairperson and secretary, respectively, of the commission
13
upon appointment of such officer or member to the affected
14
department by action of the commission. After being selected
15
from the register of eligibles to fill a vacancy in the
16
affected department, each appointee shall be presented with
17
his or her certificate of appointment on the day on which he or
18
she is sworn in as a classified member of the affected
19
department. Firefighters who were not issued a certificate of
20
appointment when originally appointed shall be provided with a
21
certificate within 10 days after making a written request to
22
the chairperson of the board of fire commissioners, or board
23
of trustees serving in the capacity of a board of fire
24
commissioners. Each person who accepts a certificate of
25
appointment and successfully completes his or her probationary
26
period shall be enrolled as a firefighter and as a regular

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member of the fire department.
2

For the purposes of this Section, "firefighter" means any
3
person who has been prior to, on, or after August 4, 2011 (the
4
effective date of Public Act 97-251) appointed to a fire
5
department or fire protection district or employed by a State
6
university and sworn or commissioned to perform firefighter
7
duties or paramedic duties, or both, except that the following
8
persons are not included: part-time firefighters; auxiliary,
9
reserve, or voluntary firefighters, including paid-on-call
10
firefighters; clerks and dispatchers or other civilian
11
employees of a fire department or fire protection district who
12
are not routinely expected to perform firefighter duties; and
13
elected officials.
14

(c) Qualification for placement on register of eligibles.
15
The purpose of establishing a register of eligibles is to
16
identify applicants who possess and demonstrate the mental
17
aptitude and physical ability to perform the duties required
18
of members of the fire department in order to provide the
19
highest quality of service to the public. To this end, all
20
applicants for original appointment to an affected fire
21
department shall be subject to examination and testing which
22
shall be public, competitive, and open to all applicants
23
unless the district shall by ordinance limit applicants to
24
residents of the district, county or counties in which the
25
district is located, State, or nation. Any examination and
26
testing procedure utilized under subsection (e) of this

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Section shall be supported by appropriate validation evidence
2
and shall comply with all applicable State and federal laws.
3
Districts may establish educational, emergency medical service
4
licensure, and other prerequisites for participation in an
5
examination or for hire as a firefighter. Any fire protection
6
district may charge a fee to cover the costs of the application
7
process.
8

Residency requirements in effect at the time an individual
9
enters the fire service of a district cannot be made more
10
restrictive for that individual during his or her period of
11
service for that district, or be made a condition of
12
promotion, except for the rank or position of fire chief and
13
for no more than 2 positions that rank immediately below that
14
of the chief rank which are appointed positions pursuant to
15
the Fire Department Promotion Act.
16

No person who is 35 years of age or older shall be eligible
17
to take an examination for a position as a firefighter unless
18
the person has had previous employment status as a firefighter
19
in the regularly constituted fire department of the district,
20
except as provided in this Section. The age limitation does
21
not apply to:
22

(1) any person previously employed as a full-time
23

firefighter in a regularly constituted fire department of
24

(i) any municipality or fire protection district located
25

in Illinois, (ii) a fire protection district whose
26

obligations were assumed by a municipality under Section

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21 of the Fire Protection District Act, or (iii) a
2

municipality whose obligations were taken over by a fire
3

protection district;
4

(2) any person who has served a fire district as a
5

regularly enrolled volunteer, paid-on-call, or part-time
6

firefighter; or
7

(3) any person who turned 35 while serving as a member
8

of the active or reserve components of any of the branches
9

of the Armed Forces of the United States or the National
10

Guard of any state, whose service was characterized as
11

honorable or under honorable, if separated from the
12

military, and is currently under the age of 40.
13

No person who is under
18

21
years of age shall be eligible
14
for employment as a firefighter.
15

No applicant shall be examined concerning his or her
16
political or religious opinions or affiliations. The
17
examinations shall be conducted by the commissioners of the
18
district or their designees and agents.
19

No district shall require that any firefighter appointed
20
to the lowest rank serve a probationary employment period of
21
longer than one year of actual active employment, which may
22
exclude periods of training, or injury or illness leaves,
23
including duty related leave, in excess of 30 calendar days.
24
Notwithstanding anything to the contrary in this Section, the
25
probationary employment period limitation may be extended for
26
a firefighter who is required, as a condition of employment,

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to be a licensed paramedic, during which time the sole reason
2
that a firefighter may be discharged without a hearing is for
3
failing to meet the requirements for paramedic licensure.
4

In the event that any applicant who has been found
5
eligible for appointment and whose name has been placed upon
6
the final eligibility register provided for in this Section
7
has not been appointed to a firefighter position within one
8
year after the date of his or her physical ability
9
examination, the commission may cause a second examination to
10
be made of that applicant's physical ability prior to his or
11
her appointment. If, after the second examination, the
12
physical ability of the applicant shall be found to be less
13
than the minimum standard fixed by the rules of the
14
commission, the applicant shall not be appointed. The
15
applicant's name may be retained upon the register of
16
candidates eligible for appointment and when next reached for
17
certification and appointment that applicant may be again
18
examined as provided in this Section, and if the physical
19
ability of that applicant is found to be less than the minimum
20
standard fixed by the rules of the commission, the applicant
21
shall not be appointed, and the name of the applicant shall be
22
removed from the register.
23

(d) Notice, examination, and testing components. Notice of
24
the time, place, general scope, merit criteria for any
25
subjective component, and fee of every examination shall be
26
given by the commission, by a publication at least 2 weeks

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preceding the examination: (i) in one or more newspapers
2
published in the district, or if no newspaper is published
3
therein, then in one or more newspapers with a general
4
circulation within the district, or (ii) on the fire
5
protection district's Internet website. Additional notice of
6
the examination may be given as the commission shall
7
prescribe.
8

The examination and qualifying standards for employment of
9
firefighters shall be based on: mental aptitude, physical
10
ability, preferences, moral character, and health. The mental
11
aptitude, physical ability, and preference components shall
12
determine an applicant's qualification for and placement on
13
the final register of eligibles. The examination may also
14
include a subjective component based on merit criteria as
15
determined by the commission. Scores from the examination must
16
be made available to the public.
17

(e) Mental aptitude. No person who does not possess at
18
least a high school diploma or an equivalent high school
19
education shall be placed on a register of eligibles.
20
Examination of an applicant's mental aptitude shall be based
21
upon a written examination. The examination shall be practical
22
in character and relate to those matters that fairly test the
23
capacity of the persons examined to discharge the duties
24
performed by members of a fire department. Written
25
examinations shall be administered in a manner that ensures
26
the security and accuracy of the scores achieved.

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(f) Physical ability. All candidates shall be required to
2
undergo an examination of their physical ability to perform
3
the essential functions included in the duties they may be
4
called upon to perform as a member of a fire department. For
5
the purposes of this Section, essential functions of the job
6
are functions associated with duties that a firefighter may be
7
called upon to perform in response to emergency calls. The
8
frequency of the occurrence of those duties as part of the fire
9
department's regular routine shall not be a controlling factor
10
in the design of examination criteria or evolutions selected
11
for testing. These physical examinations shall be open,
12
competitive, and based on industry standards designed to test
13
each applicant's physical abilities in the following
14
dimensions:
15

(1) Muscular strength to perform tasks and evolutions
16

that may be required in the performance of duties
17

including grip strength, leg strength, and arm strength.
18

Tests shall be conducted under anaerobic as well as
19

aerobic conditions to test both the candidate's speed and
20

endurance in performing tasks and evolutions. Tasks tested
21

may be based on standards developed, or approved, by the
22

local appointing authority.
23

(2) The ability to climb ladders, operate from
24

heights, walk or crawl in the dark along narrow and uneven
25

surfaces, and operate in proximity to hazardous
26

environments.

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(3) The ability to carry out critical, time-sensitive,
2

and complex problem solving during physical exertion in
3

stressful and hazardous environments. The testing
4

environment may be hot and dark with tightly enclosed
5

spaces, flashing lights, sirens, and other distractions.
6

The tests utilized to measure each applicant's
7
capabilities in each of these dimensions may be tests based on
8
industry standards currently in use or equivalent tests
9
approved by the Joint Labor-Management Committee of the Office
10
of the State Fire Marshal.
11

Physical ability examinations administered under this
12
Section shall be conducted with a reasonable number of
13
proctors and monitors, open to the public, and subject to
14
reasonable regulations of the commission.
15

(g) Scoring of examination components. Appointing
16
authorities may create a preliminary eligibility register. A
17
person shall be placed on the list based upon his or her
18
passage of the written examination or the passage of the
19
written examination and the physical ability component.
20
Passage of the written examination means attaining the minimum
21
score set by the commission. Minimum scores should be set by
22
the appointing authorities so as to demonstrate a candidate's
23
ability to perform the essential functions of the job. The
24
minimum score set by the commission shall be supported by
25
appropriate validation evidence and shall comply with all
26
applicable State and federal laws. The appointing authority

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may conduct the physical ability component and any subjective
2
components subsequent to the posting of the preliminary
3
eligibility register.
4

The examination components for an initial eligibility
5
register shall be graded on a 100-point scale. A person's
6
position on the list shall be determined by the following: (i)
7
the person's score on the written examination, (ii) the person
8
successfully passing the physical ability component, and (iii)
9
the person's results on any subjective component as described
10
in subsection (d).
11

In order to qualify for placement on the final eligibility
12
register, an applicant's score on the written examination,
13
before any applicable preference points or subjective points
14
are applied, shall be at or above the minimum score set by the
15
commission. The local appointing authority may prescribe the
16
score to qualify for placement on the final eligibility
17
register, but the score shall not be less than the minimum
18
score set by the commission.
19

The commission shall prepare and keep a register of
20
persons whose total score is not less than the minimum score
21
for passage and who have passed the physical ability
22
examination. These persons shall take rank upon the register
23
as candidates in the order of their relative excellence based
24
on the highest to the lowest total points scored on the mental
25
aptitude, subjective component, and preference components of
26
the test administered in accordance with this Section. No more

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than 60 days after each examination, an initial eligibility
2
list shall be posted by the commission. The list shall include
3
the final grades of the candidates without reference to
4
priority of the time of examination and subject to claim for
5
preference credit.
6

Commissions may conduct additional examinations, including
7
without limitation a polygraph test, after a final eligibility
8
register is established and before it expires with the
9
candidates ranked by total score without regard to date of
10
examination. No more than 60 days after each examination, an
11
initial eligibility list shall be posted by the commission
12
showing the final grades of the candidates without reference
13
to priority of time of examination and subject to claim for
14
preference credit.
15

(h) Preferences. The following are preferences:
16

(1) Veteran preference. Persons who were engaged in
17

the military service of the United States for a period of
18

at least one year of active duty and who were honorably
19

discharged therefrom, or who are now or have been members
20

on inactive or reserve duty in such military or naval
21

service, shall be preferred for appointment to and
22

employment with the fire department of an affected
23

department.
24

(2) Fire cadet preference. Persons who have
25

successfully completed 2 years of study in fire techniques
26

or cadet training within a cadet program established under

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the rules of the Joint Labor and Management Committee
2

(JLMC), as defined in Section 50 of the Fire Department
3

Promotion Act, may be preferred for appointment to and
4

employment with the fire department.
5

(3) Educational preference. Persons who have
6

successfully obtained an associate's degree in the field
7

of fire service or emergency medical services, or a
8

bachelor's degree from an accredited college or university
9

may be preferred for appointment to and employment with
10

the fire department.
11

(4) Paramedic preference. Persons who have obtained a
12

license as a paramedic may be preferred for appointment to
13

and employment with the fire department of an affected
14

department providing emergency medical services.
15

(5) Experience preference. All persons employed by a
16

district who have been paid-on-call or part-time certified
17

Firefighter II, certified Firefighter III, State of
18

Illinois or nationally licensed EMT, EMT-I, A-EMT, or
19

paramedic, or any combination of those capacities may be
20

awarded up to a maximum of 5 points. However, the
21

applicant may not be awarded more than 0.5 points for each
22

complete year of paid-on-call or part-time service.
23

Applicants from outside the district who were employed as
24

full-time firefighters or firefighter-paramedics by a fire
25

protection district or municipality for at least 2 years
26

may be awarded up to 5 experience preference points.

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However, the applicant may not be awarded more than one
2

point for each complete year of full-time service.
3

Upon request by the commission, the governing body of
4

the district or in the case of applicants from outside the
5

district the governing body of any other fire protection
6

district or any municipality shall certify to the
7

commission, within 10 days after the request, the number
8

of years of successful paid-on-call, part-time, or
9

full-time service of any person. A candidate may not
10

receive the full amount of preference points under this
11

subsection if the amount of points awarded would place the
12

candidate before a veteran on the eligibility list. If
13

more than one candidate receiving experience preference
14

points is prevented from receiving all of their points due
15

to not being allowed to pass a veteran, the candidates
16

shall be placed on the list below the veteran in rank order
17

based on the totals received if all points under this
18

subsection were to be awarded. Any remaining ties on the
19

list shall be determined by lot.
20

(6) Residency preference. Applicants whose principal
21

residence is located within the fire department's
22

jurisdiction may be preferred for appointment to and
23

employment with the fire department.
24

(7) Additional preferences. Up to 5 additional
25

preference points may be awarded for unique categories
26

based on an applicant's experience or background as

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identified by the commission.
2

(7.5) Apprentice preferences. A person who has
3

performed fire suppression service for a department as a
4

firefighter apprentice and otherwise meets the
5

qualifications for original appointment as a firefighter
6

specified in this Section is eligible to be awarded up to
7

20 preference points. To qualify for preference points, an
8

applicant shall have completed a minimum of 600 hours of
9

fire suppression work on a regular shift for the affected
10

fire department over a 12-month period. The fire
11

suppression work must be in accordance with Section 16.06
12

of this Act and the terms established by a Joint
13

Apprenticeship Committee included in a collective
14

bargaining agreement agreed between the employer and its
15

certified bargaining agent. An eligible applicant must
16

apply to the Joint Apprenticeship Committee for preference
17

points under this item. The Joint Apprenticeship Committee
18

shall evaluate the merit of the applicant's performance,
19

determine the preference points to be awarded, and certify
20

the amount of points awarded to the commissioners. The
21

commissioners may add the certified preference points to
22

the final grades achieved by the applicant on the other
23

components of the examination.
24

(8) Scoring of preferences. The commission shall give
25

preference for original appointment to persons designated
26

in item (1) by adding to the final grade that they receive

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5 points for the recognized preference achieved. The
2

commission may give preference for original appointment to
3

persons designated in item (7.5) by adding to the final
4

grade the amount of points designated by the Joint
5

Apprenticeship Committee as defined in item (7.5). The
6

commission shall determine the number of preference points
7

for each category, except (1) and (7.5). The number of
8

preference points for each category shall range from 0 to
9

5, except item (7.5). In determining the number of
10

preference points, the commission shall prescribe that if
11

a candidate earns the maximum number of preference points
12

in all categories except item (7.5), that number may not
13

be less than 10 nor more than 30. The commission shall give
14

preference for original appointment to persons designated
15

in items (2) through (7) by adding the requisite number of
16

points to the final grade for each recognized preference
17

achieved. The numerical result thus attained shall be
18

applied by the commission in determining the final
19

eligibility list and appointment from the eligibility
20

list. The local appointing authority may prescribe the
21

total number of preference points awarded under this
22

Section, but the total number of preference points, except
23

item (7.5), shall not be less than 10 points or more than
24

30 points. Apprentice preference points may be added in
25

addition to other preference points awarded by the
26

commission.

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No person entitled to any preference shall be required to
2
claim the credit before any examination held under the
3
provisions of this Section, but the preference shall be given
4
after the posting or publication of the initial eligibility
5
list or register at the request of a person entitled to a
6
credit before any certification or appointments are made from
7
the eligibility register, upon the furnishing of verifiable
8
evidence and proof of qualifying preference credit. Candidates
9
who are eligible for preference credit shall make a claim in
10
writing within 10 days after the posting of the initial
11
eligibility list, or the claim shall be deemed waived. Final
12
eligibility registers shall be established after the awarding
13
of verified preference points. However, apprentice preference
14
credit earned subsequent to the establishment of the final
15
eligibility register may be applied to the applicant's score
16
upon certification by the Joint Apprenticeship Committee to
17
the commission and the rank order of candidates on the final
18
eligibility register shall be adjusted accordingly. All
19
employment shall be subject to the commission's initial hire
20
background review, including, but not limited to, criminal
21
history, employment history, moral character, oral
22
examination, and medical and psychological examinations, all
23
on a pass-fail basis. The medical and psychological
24
examinations must be conducted last, and may only be performed
25
after a conditional offer of employment has been extended.
26

Any person placed on an eligibility list who exceeds the

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1
age requirement before being appointed to a fire department
2
shall remain eligible for appointment until the list is
3
abolished, or his or her name has been on the list for a period
4
of 2 years. No person who has attained the age of 35 years
5
shall be inducted into a fire department, except as otherwise
6
provided in this Section.
7

The commission shall strike off the names of candidates
8
for original appointment after the names have been on the list
9
for more than 2 years.
10

(i) Moral character. No person shall be appointed to a
11
fire department unless he or she is a person of good character;
12
not a habitual drunkard, a gambler, or a person who has been
13
convicted of a felony or a crime involving moral turpitude.
14
However, no person shall be disqualified from appointment to
15
the fire department because of the person's record of
16
misdemeanor convictions except those under Sections 11-6,
17
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
18
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
19
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
20
(1), (6), and (8) of subsection (a) of Section 24-1 of the
21
Criminal Code of 1961 or the Criminal Code of 2012, or arrest
22
for any cause without conviction thereon. Any such person who
23
is in the department may be removed on charges brought for
24
violating this subsection and after a trial as hereinafter
25
provided.
26

A classifiable set of the fingerprints of every person who

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1
is offered employment as a certificated member of an affected
2
fire department whether with or without compensation, shall be
3
furnished to the Illinois State Police and to the Federal
4
Bureau of Investigation by the commission.
5

Whenever a commission is authorized or required by law to
6
consider some aspect of criminal history record information
7
for the purpose of carrying out its statutory powers and
8
responsibilities, then, upon request and payment of fees in
9
conformance with the requirements of Section 2605-400 of the
10
Illinois State Police Law of the Civil Administrative Code of
11
Illinois, the Illinois State Police is authorized to furnish,
12
pursuant to positive identification, the information contained
13
in State files as is necessary to fulfill the request.
14

(j) Temporary appointments. In order to prevent a stoppage
15
of public business, to meet extraordinary exigencies, or to
16
prevent material impairment of the fire department, the
17
commission may make temporary appointments, to remain in force
18
only until regular appointments are made under the provisions
19
of this Section, but never to exceed 60 days. No temporary
20
appointment of any one person shall be made more than twice in
21
any calendar year.
22

(k) A person who knowingly divulges or receives test
23
questions or answers before a written examination, or
24
otherwise knowingly violates or subverts any requirement of
25
this Section, commits a violation of this Section and may be
26
subject to charges for official misconduct.

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A person who is the knowing recipient of test information
2
in advance of the examination shall be disqualified from the
3
examination or discharged from the position to which he or she
4
was appointed, as applicable, and otherwise subjected to
5
disciplinary actions.
6
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
7
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
8
5-13-22.)

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