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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4935

Introduced , by Rep. Amy Elik

SYNOPSIS AS INTRODUCED:

65 ILCS 5/10-1-7.1
65 ILCS 5/10-2.1-6.3

Amends the Illinois Municipal Code. Provides that persons who serve
or have served a municipality as regularly enrolled volunteer firefighters
or work or have worked in industries with applicable skills, as approved by
the municipality's board of fire and police commissioners, (in addition to
persons employed by a municipality who have been paid-on-call or part-time
certified Firefighter II or certified Firefighter III or by the State of
Illinois or nationally licensed EMT, EMT-I, A-EMT, or paramedic) may be
preferred for appointment to and employment with the municipality's fire
department.
LRB104 14847 RTM 27991 b

A BILL FOR

HB4935
LRB104 14847 RTM 27991 b
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

HB4935
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1
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

HB4935
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1
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

HB4935
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LRB104 14847 RTM 27991 b
1
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

HB4935
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LRB104 14847 RTM 27991 b
1
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

HB4935
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1
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

HB4935
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LRB104 14847 RTM 27991 b
1

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

No person who is under 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

HB4935
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LRB104 14847 RTM 27991 b
1
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

HB4935
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LRB104 14847 RTM 27991 b
1
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,

HB4935
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LRB104 14847 RTM 27991 b
1
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

HB4935
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LRB104 14847 RTM 27991 b
1
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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LRB104 14847 RTM 27991 b
1
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

HB4935
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LRB104 14847 RTM 27991 b
1
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

HB4935
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LRB104 14847 RTM 27991 b
1

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
(A) who are or
5

have been
employed by a municipality
in

who have been

6

paid-on-call or part-time certified Firefighter II
or

,

7

certified Firefighter III
positions
,
(B) who are or have
8

been employed by a municipality in EMT, EMT-I, A-EMT, or
9

paramedic positions while licensed by the
State of
10

Illinois or nationally licensed
EMT, EMT-I, A-EMT, or
11

paramedic
,
(C) who serve or have served a municipality as
12

regularly enrolled volunteer firefighters, (D) who work or
13

have worked in industries with applicable skills, as
14

approved by the commission,
or
(E) who have served in
any
15

combination of
the

those
capacities
described in this
16

paragraph (5)
may be awarded up to a maximum of 5 points.
17

However, the applicant may not be awarded more than 0.5
18

points for each complete year of paid-on-call or part-time
19

service. Applicants from outside the municipality who were
20

employed as full-time firefighters or
21

firefighter-paramedics by a fire protection district or
22

another municipality may be awarded up to 5 experience
23

preference points. However, the applicant may not be
24

awarded more than one point for each complete year of
25

full-time service.
26

Upon request by the commission, the governing body of

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1

the municipality or in the case of applicants from outside
2

the municipality the governing body of any fire protection
3

district or any other municipality shall certify to the
4

commission, within 10 days after the request, the number
5

of years of successful paid-on-call, part-time, or
6

full-time service of any person. A candidate may not
7

receive the full amount of preference points under this
8

subsection if the amount of points awarded would place the
9

candidate before a veteran on the eligibility list. If
10

more than one candidate receiving experience preference
11

points is prevented from receiving all of their points due
12

to not being allowed to pass a veteran, the candidates
13

shall be placed on the list below the veteran in rank order
14

based on the totals received if all points under this
15

subsection were to be awarded. Any remaining ties on the
16

list shall be determined by lot.
17

(6) Residency preference. Applicants whose principal
18

residence is located within the fire department's
19

jurisdiction may be preferred for appointment to and
20

employment with the fire department.
21

(7) Additional preferences. Up to 5 additional
22

preference points may be awarded for unique categories
23

based on an applicant's experience or background as
24

identified by the commission.
25

(7.5) Apprentice preferences. A person who has
26

performed fire suppression service for a department as a

HB4935
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LRB104 14847 RTM 27991 b
1

firefighter apprentice and otherwise meets the
2

qualifications for original appointment as a firefighter
3

specified in this Section may be awarded up to 20
4

preference points. To qualify for preference points, an
5

applicant shall have completed a minimum of 600 hours of
6

fire suppression work on a regular shift for the affected
7

fire department over a 12-month period. The fire
8

suppression work must be in accordance with Section
9

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

Joint Apprenticeship Committee included in a collective
11

bargaining agreement agreed between the employer and its
12

certified bargaining agent. An eligible applicant must
13

apply to the Joint Apprenticeship Committee for preference
14

points under this item. The Joint Apprenticeship Committee
15

shall evaluate the merit of the applicant's performance,
16

determine the preference points to be awarded, and certify
17

the amount of points awarded to the commissioners. The
18

commissioners may add the certified preference points to
19

the final grades achieved by the applicant on the other
20

components of the examination.
21

(8) Scoring of preferences. The commission shall give
22

preference for original appointment to persons designated
23

in item (1) by adding to the final grade that they receive
24

5 points for the recognized preference achieved. The
25

commission may give preference for original appointment to
26

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

HB4935
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LRB104 14847 RTM 27991 b
1

grade the amount of points designated by the Joint
2

Apprenticeship Committee as defined in item (7.5). The
3

commission shall determine the number of preference points
4

for each category, except items (1) and (7.5). The number
5

of preference points for each category shall range from 0
6

to 5, except item (7.5). In determining the number of
7

preference points, the commission shall prescribe that if
8

a candidate earns the maximum number of preference points
9

in all categories except item (7.5), that number may not
10

be less than 10 nor more than 30. The commission shall give
11

preference for original appointment to persons designated
12

in items (2) through (7) by adding the requisite number of
13

points to the final grade for each recognized preference
14

achieved. The numerical result thus attained shall be
15

applied by the commission in determining the final
16

eligibility list and appointment from the eligibility
17

list. The local appointing authority may prescribe the
18

total number of preference points awarded under this
19

Section, but the total number of preference points, except
20

item (7.5), shall not be less than 10 points or more than
21

30 points. Apprentice preference points may be added in
22

addition to other preference points awarded by the
23

commission.
24

No person entitled to any preference shall be required to
25
claim the credit before any examination held under the
26
provisions of this Section, but the preference shall be given

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after the posting or publication of the initial eligibility
2
list or register at the request of a person entitled to a
3
credit before any certification or appointments are made from
4
the eligibility register, upon the furnishing of verifiable
5
evidence and proof of qualifying preference credit. Candidates
6
who are eligible for preference credit shall make a claim in
7
writing within 10 days after the posting of the initial
8
eligibility list, or the claim shall be deemed waived. Final
9
eligibility registers shall be established after the awarding
10
of verified preference points. However, apprentice preference
11
credit earned subsequent to the establishment of the final
12
eligibility register may be applied to the applicant's score
13
upon certification by the Joint Apprenticeship Committee to
14
the commission and the rank order of candidates on the final
15
eligibility register shall be adjusted accordingly. All
16
employment shall be subject to the commission's initial hire
17
background review, including, but not limited to, criminal
18
history, employment history, moral character, oral
19
examination, and medical and psychological examinations, all
20
on a pass-fail basis. The medical and psychological
21
examinations must be conducted last, and may only be performed
22
after a conditional offer of employment has been extended.
23

Any person placed on an eligibility list who exceeds the
24
age requirement before being appointed to a fire department
25
shall remain eligible for appointment until the list is
26
abolished, or his or her name has been on the list for a period

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of 2 years. No person who has attained the age of 35 years
2
shall be inducted into a fire department, except as otherwise
3
provided in this Section.
4

The commission shall strike off the names of candidates
5
for original appointment after the names have been on the list
6
for more than 2 years.
7

(i) Moral character. No person shall be appointed to a
8
fire department unless he or she is a person of good character;
9
not a habitual drunkard, a gambler, or a person who has been
10
convicted of a felony or a crime involving moral turpitude.
11
However, no person shall be disqualified from appointment to
12
the fire department because of the person's record of
13
misdemeanor convictions except those under Sections 11-6,
14
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
15
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
16
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
17
(1), (6), and (8) of subsection (a) of Section 24-1 of the
18
Criminal Code of 1961 or the Criminal Code of 2012, or arrest
19
for any cause without conviction thereon. Any such person who
20
is in the department may be removed on charges brought for
21
violating this subsection and after a trial as hereinafter
22
provided.
23

A classifiable set of the fingerprints of every person who
24
is offered employment as a certificated member of an affected
25
fire department whether with or without compensation, shall be
26
furnished to the Illinois State Police and to the Federal

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Bureau of Investigation by the commission.
2

Whenever a commission is authorized or required by law to
3
consider some aspect of criminal history record information
4
for the purpose of carrying out its statutory powers and
5
responsibilities, then, upon request and payment of fees in
6
conformance with the requirements of Section 2605-400 of the
7
Illinois State Police Law of the Civil Administrative Code of
8
Illinois, the Illinois State Police is authorized to furnish,
9
pursuant to positive identification, the information contained
10
in State files as is necessary to fulfill the request.
11

(j) Temporary appointments. In order to prevent a stoppage
12
of public business, to meet extraordinary exigencies, or to
13
prevent material impairment of the fire department, the
14
commission may make temporary appointments, to remain in force
15
only until regular appointments are made under the provisions
16
of this Division, but never to exceed 60 days. No temporary
17
appointment of any one person shall be made more than twice in
18
any calendar year.
19

(k) A person who knowingly divulges or receives test
20
questions or answers before a written examination, or
21
otherwise knowingly violates or subverts any requirement of
22
this Section, commits a violation of this Section and may be
23
subject to charges for official misconduct.
24

A person who is the knowing recipient of test information
25
in advance of the examination shall be disqualified from the
26
examination or discharged from the position to which he or she

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was appointed, as applicable, and otherwise subjected to
2
disciplinary actions.
3
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
4
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
5
5-13-22.)

6

(65 ILCS 5/10-2.1-6.3)
7

Sec. 10-2.1-6.3.
Original appointments; full-time fire
8
department.
9

(a) Applicability. Unless a commission elects to follow
10
the provisions of Section 10-2.1-6.4, 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
24
Section, but in the event of a conflict between this Section
25
and any other law, this Section shall control.

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A home rule or non-home rule municipality may not
2
administer its fire department process for original
3
appointments in a manner that is less stringent than this
4
Section. This Section is a limitation under subsection (i) of
5
Section 6 of Article VII of the Illinois Constitution on the
6
concurrent exercise by home rule units of the powers and
7
functions exercised by the State.
8

A municipality that is operating under a court order or
9
consent decree regarding original appointments to a full-time
10
fire department before August 4, 2011 (the effective date of
11
Public Act 97-251) is exempt from the requirements of this
12
Section for the duration of the court order or consent decree.
13

Notwithstanding any other provision of this subsection
14
(a), this Section does not apply to a municipality with more
15
than 1,000,000 inhabitants.
16

(b) Original appointments. All original appointments made
17
to an affected fire department shall be made from a register of
18
eligibles established in accordance with the processes
19
established by this Section. Only persons who meet or exceed
20
the performance standards required by this Section shall be
21
placed on a register of eligibles for original appointment to
22
an affected fire department.
23

Whenever an appointing authority authorizes action to hire
24
a person to perform the duties of a firefighter or to hire a
25
firefighter-paramedic to fill a position that is a new
26
position or vacancy due to resignation, discharge, promotion,

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

Any candidate may pass on an appointment once without
16
losing his or her position on the register of eligibles. Any
17
candidate who passes a second time may be removed from the list
18
by the appointing authority provided that such action shall
19
not prejudice a person's opportunities to participate in
20
future examinations, including an examination held during the
21
time a candidate is already on the municipality's register of
22
eligibles.
23

The sole authority to issue certificates of appointment
24
shall be vested in the board of fire and police commissioners.
25
All certificates of appointment issued to any officer or
26
member of an affected department shall be signed by the

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

For the purposes of this Section, "firefighter" means any
17
person who has been prior to, on, or after August 4, 2011 (the
18
effective date of Public Act 97-251) appointed to a fire
19
department or fire protection district or employed by a State
20
university and sworn or commissioned to perform firefighter
21
duties or paramedic duties, or both, except that the following
22
persons are not included: part-time firefighters; auxiliary,
23
reserve, or voluntary firefighters, including paid-on-call
24
firefighters; clerks and dispatchers or other civilian
25
employees of a fire department or fire protection district who
26
are not routinely expected to perform firefighter duties; and

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elected officials.
2

(c) Qualification for placement on register of eligibles.
3
The purpose of establishing a register of eligibles is to
4
identify applicants who possess and demonstrate the mental
5
aptitude and physical ability to perform the duties required
6
of members of the fire department in order to provide the
7
highest quality of service to the public. To this end, all
8
applicants for original appointment to an affected fire
9
department shall be subject to examination and testing which
10
shall be public, competitive, and open to all applicants
11
unless the municipality shall by ordinance limit applicants to
12
residents of the municipality, county or counties in which the
13
municipality is located, State, or nation. Any examination and
14
testing procedure utilized under subsection (e) of this
15
Section shall be supported by appropriate validation evidence
16
and shall comply with all applicable State and federal laws.
17
Municipalities may establish educational, emergency medical
18
service licensure, and other prerequisites for participation
19
in an examination or for hire as a firefighter. Any
20
municipality may charge a fee to cover the costs of the
21
application process.
22

Residency requirements in effect at the time an individual
23
enters the fire service of a municipality cannot be made more
24
restrictive for that individual during his or her period of
25
service for that municipality, or be made a condition of
26
promotion, except for the rank or position of fire chief and

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for no more than 2 positions that rank immediately below that
2
of the chief rank which are appointed positions pursuant to
3
the Fire Department Promotion Act.
4

No person who is 35 years of age or older shall be eligible
5
to take an examination for a position as a firefighter unless
6
the person has had previous employment status as a firefighter
7
in the regularly constituted fire department of the
8
municipality, except as provided in this Section. The age
9
limitation does not apply to:
10

(1) any person previously employed as a full-time
11

firefighter in a regularly constituted fire department of
12

(i) any municipality or fire protection district located
13

in Illinois, (ii) a fire protection district whose
14

obligations were assumed by a municipality under Section
15

21 of the Fire Protection District Act, or (iii) a
16

municipality whose obligations were taken over by a fire
17

protection district,
18

(2) any person who has served a municipality as a
19

regularly enrolled volunteer, paid-on-call, or part-time
20

firefighter, or
21

(3) any person who turned 35 while serving as a member
22

of the active or reserve components of any of the branches
23

of the Armed Forces of the United States or the National
24

Guard of any state, whose service was characterized as
25

honorable or under honorable, if separated from the
26

military, and is currently under the age of 40.

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No person who is under 21 years of age shall be eligible
2
for employment as a firefighter.
3

No applicant shall be examined concerning his or her
4
political or religious opinions or affiliations. The
5
examinations shall be conducted by the commissioners of the
6
municipality or their designees and agents.
7

No municipality shall require that any firefighter
8
appointed to the lowest rank serve a probationary employment
9
period of longer than one year of actual active employment,
10
which may exclude periods of training, or injury or illness
11
leaves, including duty related leave, in excess of 30 calendar
12
days. Notwithstanding anything to the contrary in this
13
Section, the probationary employment period limitation may be
14
extended for a firefighter who is required, as a condition of
15
employment, to be a licensed paramedic, during which time the
16
sole reason that a firefighter may be discharged without a
17
hearing is for failing to meet the requirements for paramedic
18
licensure.
19

In the event that any applicant who has been found
20
eligible for appointment and whose name has been placed upon
21
the final eligibility register provided for in this Section
22
has not been appointed to a firefighter position within one
23
year after the date of his or her physical ability
24
examination, the commission may cause a second examination to
25
be made of that applicant's physical ability prior to his or
26
her appointment. If, after the second examination, the

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

(d) Notice, examination, and testing components. Notice of
13
the time, place, general scope, merit criteria for any
14
subjective component, and fee of every examination shall be
15
given by the commission, by a publication at least 2 weeks
16
preceding the examination: (i) in one or more newspapers
17
published in the municipality, or if no newspaper is published
18
therein, then in one or more newspapers with a general
19
circulation within the municipality, or (ii) on the
20
municipality's Internet website. Additional notice of the
21
examination may be given as the commission shall prescribe.
22

The examination and qualifying standards for employment of
23
firefighters shall be based on: mental aptitude, physical
24
ability, preferences, moral character, and health. The mental
25
aptitude, physical ability, and preference components shall
26
determine an applicant's qualification for and placement on

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the final register of eligibles. The examination may also
2
include a subjective component based on merit criteria as
3
determined by the commission. Scores from the examination must
4
be made available to the public.
5

(e) Mental aptitude. No person who does not possess at
6
least a high school diploma or an equivalent high school
7
education shall be placed on a register of eligibles.
8
Examination of an applicant's mental aptitude shall be based
9
upon a written examination. The examination shall be practical
10
in character and relate to those matters that fairly test the
11
capacity of the persons examined to discharge the duties
12
performed by members of a fire department. Written
13
examinations shall be administered in a manner that ensures
14
the security and accuracy of the scores achieved.
15

(f) Physical ability. All candidates shall be required to
16
undergo an examination of their physical ability to perform
17
the essential functions included in the duties they may be
18
called upon to perform as a member of a fire department. For
19
the purposes of this Section, essential functions of the job
20
are functions associated with duties that a firefighter may be
21
called upon to perform in response to emergency calls. The
22
frequency of the occurrence of those duties as part of the fire
23
department's regular routine shall not be a controlling factor
24
in the design of examination criteria or evolutions selected
25
for testing. These physical examinations shall be open,
26
competitive, and based on industry standards designed to test

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each applicant's physical abilities in the following
2
dimensions:
3

(1) Muscular strength to perform tasks and evolutions
4

that may be required in the performance of duties
5

including grip strength, leg strength, and arm strength.
6

Tests shall be conducted under anaerobic as well as
7

aerobic conditions to test both the candidate's speed and
8

endurance in performing tasks and evolutions. Tasks tested
9

may be based on standards developed, or approved, by the
10

local appointing authority.
11

(2) The ability to climb ladders, operate from
12

heights, walk or crawl in the dark along narrow and uneven
13

surfaces, and operate in proximity to hazardous
14

environments.
15

(3) The ability to carry out critical, time-sensitive,
16

and complex problem solving during physical exertion in
17

stressful and hazardous environments. The testing
18

environment may be hot and dark with tightly enclosed
19

spaces, flashing lights, sirens, and other distractions.
20

The tests utilized to measure each applicant's
21
capabilities in each of these dimensions may be tests based on
22
industry standards currently in use or equivalent tests
23
approved by the Joint Labor-Management Committee of the Office
24
of the State Fire Marshal.
25

Physical ability examinations administered under this
26
Section shall be conducted with a reasonable number of

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proctors and monitors, open to the public, and subject to
2
reasonable regulations of the commission.
3

(g) Scoring of examination components. Appointing
4
authorities may create a preliminary eligibility register. A
5
person shall be placed on the list based upon his or her
6
passage of the written examination or the passage of the
7
written examination and the physical ability component.
8
Passage of the written examination means attaining the minimum
9
score set by the commission. Minimum scores should be set by
10
the commission so as to demonstrate a candidate's ability to
11
perform the essential functions of the job. The minimum score
12
set by the commission shall be supported by appropriate
13
validation evidence and shall comply with all applicable State
14
and federal laws. The appointing authority may conduct the
15
physical ability component and any subjective components
16
subsequent to the posting of the preliminary eligibility
17
register.
18

The examination components for an initial eligibility
19
register shall be graded on a 100-point scale. A person's
20
position on the list shall be determined by the following: (i)
21
the person's score on the written examination, (ii) the person
22
successfully passing the physical ability component, and (iii)
23
the person's results on any subjective component as described
24
in subsection (d).
25

In order to qualify for placement on the final eligibility
26
register, an applicant's score on the written examination,

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

The commission shall prepare and keep a register of
8
persons whose total score is not less than the minimum score
9
for passage and who have passed the physical ability
10
examination. These persons shall take rank upon the register
11
as candidates in the order of their relative excellence based
12
on the highest to the lowest total points scored on the mental
13
aptitude, subjective component, and preference components of
14
the test administered in accordance with this Section. No more
15
than 60 days after each examination, an initial eligibility
16
list shall be posted by the commission. The list shall include
17
the final grades of the candidates without reference to
18
priority of the time of examination and subject to claim for
19
preference credit.
20

Commissions may conduct additional examinations, including
21
without limitation a polygraph test, after a final eligibility
22
register is established and before it expires with the
23
candidates ranked by total score without regard to date of
24
examination. No more than 60 days after each examination, an
25
initial eligibility list shall be posted by the commission
26
showing the final grades of the candidates without reference

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to priority of time of examination and subject to claim for
2
preference credit.
3

(h) Preferences. The following are preferences:
4

(1) Veteran preference. Persons who were engaged in
5

the military service of the United States for a period of
6

at least one year of active duty and who were honorably
7

discharged therefrom, or who are now or have been members
8

on inactive or reserve duty in such military or naval
9

service, shall be preferred for appointment to and
10

employment with the fire department of an affected
11

department.
12

(2) Fire cadet preference. Persons who have
13

successfully completed 2 years of study in fire techniques
14

or cadet training within a cadet program established under
15

the rules of the Joint Labor and Management Committee
16

(JLMC), as defined in Section 50 of the Fire Department
17

Promotion Act, may be preferred for appointment to and
18

employment with the fire department.
19

(3) Educational preference. Persons who have
20

successfully obtained an associate's degree in the field
21

of fire service or emergency medical services, or a
22

bachelor's degree from an accredited college or university
23

may be preferred for appointment to and employment with
24

the fire department.
25

(4) Paramedic preference. Persons who have obtained a
26

license as a paramedic shall be preferred for appointment

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1

to and employment with the fire department of an affected
2

department providing emergency medical services.
3

(5) Experience preference. All persons
(A) who are or
4

have been
employed by a municipality
in

who have been

5

paid-on-call or part-time certified Firefighter II
6

positions
,
(B) who are or have been employed by a
7

municipality in EMT, EMT-I, or A-EMT positions while
8

licensed by the
State of Illinois or nationally licensed
9

EMT, EMT-I, A-EMT
,
(C) who serve or have served a
10

municipality as regularly enrolled volunteer firefighters,
11

(D) who work or have worked in industries with applicable
12

skills, as approved by the commission,
or
(E) who have
13

served in
any combination of
the

those
capacities
14

described in this paragraph (5)
shall be awarded 0.5 point
15

for each year of successful service in one or more of those
16

capacities, up to a maximum of 5 points. Certified
17

Firefighter III and State of Illinois or nationally
18

licensed paramedics shall be awarded one point per year up
19

to a maximum of 5 points. Applicants from outside the
20

municipality who were employed as full-time firefighters
21

or firefighter-paramedics by a fire protection district or
22

another municipality for at least 2 years shall be awarded
23

5 experience preference points. These additional points
24

presuppose a rating scale totaling 100 points available
25

for the eligibility list. If more or fewer points are used
26

in the rating scale for the eligibility list, the points

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awarded under this subsection shall be increased or
2

decreased by a factor equal to the total possible points
3

available for the examination divided by 100.
4

Upon request by the commission, the governing body of
5

the municipality or in the case of applicants from outside
6

the municipality the governing body of any fire protection
7

district or any other municipality shall certify to the
8

commission, within 10 days after the request, the number
9

of years of successful paid-on-call, part-time, or
10

full-time service of any person. A candidate may not
11

receive the full amount of preference points under this
12

subsection if the amount of points awarded would place the
13

candidate before a veteran on the eligibility list. If
14

more than one candidate receiving experience preference
15

points is prevented from receiving all of their points due
16

to not being allowed to pass a veteran, the candidates
17

shall be placed on the list below the veteran in rank order
18

based on the totals received if all points under this
19

subsection were to be awarded. Any remaining ties on the
20

list shall be determined by lot.
21

(6) Residency preference. Applicants whose principal
22

residence is located within the fire department's
23

jurisdiction shall be preferred for appointment to and
24

employment with the fire department.
25

(7) Additional preferences. Up to 5 additional
26

preference points may be awarded for unique categories

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1

based on an applicant's experience or background as
2

identified by the commission.
3

(7.5) Apprentice preferences. A person who has
4

performed fire suppression service for a department as a
5

firefighter apprentice and otherwise meets the
6

qualifications for original appointment as a firefighter
7

specified in this Section is eligible to be awarded up to
8

20 preference points. To qualify for preference points, an
9

applicant shall have completed a minimum of 600 hours of
10

fire suppression work on a regular shift for the affected
11

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

suppression work must be in accordance with Section
13

10-2.1-4 of this Division and the terms established by a
14

Joint Apprenticeship Committee included in a collective
15

bargaining agreement agreed between the employer and its
16

certified bargaining agent. An eligible applicant must
17

apply to the Joint Apprenticeship Committee for preference
18

points under this item. The Joint Apprenticeship Committee
19

shall evaluate the merit of the applicant's performance,
20

determine the preference points to be awarded, and certify
21

the amount of points awarded to the commissioners. The
22

commissioners may add the certified preference points to
23

the final grades achieved by the applicant on the other
24

components of the examination.
25

(8) Scoring of preferences. The commission may give
26

preference for original appointment to persons designated

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1

in item (1) by adding to the final grade that they receive
2

5 points for the recognized preference achieved. The
3

commission may give preference for original appointment to
4

persons designated in item (7.5) by adding to the final
5

grade the amount of points designated by the Joint
6

Apprenticeship Committee as defined in item (7.5). The
7

commission shall determine the number of preference points
8

for each category, except items (1) and (7.5). The number
9

of preference points for each category shall range from 0
10

to 5, except item (7.5). In determining the number of
11

preference points, the commission shall prescribe that if
12

a candidate earns the maximum number of preference points
13

in all categories except item (7.5), that number may not
14

be less than 10 nor more than 30. The commission shall give
15

preference for original appointment to persons designated
16

in items (2) through (7) by adding the requisite number of
17

points to the final grade for each recognized preference
18

achieved. The numerical result thus attained shall be
19

applied by the commission in determining the final
20

eligibility list and appointment from the eligibility
21

list. The local appointing authority may prescribe the
22

total number of preference points awarded under this
23

Section, but the total number of preference points, except
24

item (7.5), shall not be less than 10 points or more than
25

30 points. Apprentice preference points may be added in
26

addition to other preference points awarded by the

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LRB104 14847 RTM 27991 b
1

commission.
2

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

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1

Any person placed on an eligibility list who exceeds the
2
age requirement before being appointed to a fire department
3
shall remain eligible for appointment until the list is
4
abolished, or his or her name has been on the list for a period
5
of 2 years. No person who has attained the age of 35 years
6
shall be inducted into a fire department, except as otherwise
7
provided in this Section.
8

The commission shall strike off the names of candidates
9
for original appointment after the names have been on the list
10
for more than 2 years.
11

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

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1

A classifiable set of the fingerprints of every person who
2
is offered employment as a certificated member of an affected
3
fire department whether with or without compensation, shall be
4
furnished to the Illinois State Police and to the Federal
5
Bureau of Investigation by the commission.
6

Whenever a commission is authorized or required by law to
7
consider some aspect of criminal history record information
8
for the purpose of carrying out its statutory powers and
9
responsibilities, then, upon request and payment of fees in
10
conformance with the requirements of Section 2605-400 of the
11
Illinois State Police Law of the Civil Administrative Code of
12
Illinois, the Illinois State Police is authorized to furnish,
13
pursuant to positive identification, the information contained
14
in State files as is necessary to fulfill the request.
15

(j) Temporary appointments. In order to prevent a stoppage
16
of public business, to meet extraordinary exigencies, or to
17
prevent material impairment of the fire department, the
18
commission may make temporary appointments, to remain in force
19
only until regular appointments are made under the provisions
20
of this Division, but never to exceed 60 days. No temporary
21
appointment of any one person shall be made more than twice in
22
any calendar year.
23

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

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LRB104 14847 RTM 27991 b
1
subject to charges for official misconduct.
2

A person who is the knowing recipient of test information
3
in advance of the examination shall be disqualified from the
4
examination or discharged from the position to which he or she
5
was appointed, as applicable, and otherwise subjected to
6
disciplinary actions.
7
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
8
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
9
5-13-22.)

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