FIREFIGHTER-AGE RESTRICTION

Illinois General Assembly - Full Text of HB4936

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4936

Introduced , by Rep. Amy Elik

SYNOPSIS AS INTRODUCED:

65 ILCS 5/10-1-7

from Ch. 24, par. 10-1-7
65 ILCS 5/10-1-7.1
65 ILCS 5/10-1-12

from Ch. 24, par. 10-1-12
65 ILCS 5/10-2.1-6

from Ch. 24, par. 10-2.1-6
65 ILCS 5/10-2.1-6.3
65 ILCS 5/10-2.1-14

from Ch. 24, par. 10-2.1-14
70 ILCS 705/16.06

from Ch. 127 1/2, par. 37.06
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. Provides that no person who is 37
years of age or older (rather than 35 years of age or older) shall be
eligible to take an examination for a position as a firefighter unless
specified conditions are satisfied.
LRB104 14846 RTM 27990 b

A BILL FOR

HB4936
LRB104 14846 RTM 27990 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, 10-1-7.1, 10-1-12, 10-2.1-6,
6
10-2.1-6.3, and 10-2.1-14 as follows:

7

(65 ILCS 5/10-1-7)

(from Ch. 24, par. 10-1-7)
8

Sec. 10-1-7.
Examination of applicants; disqualifications.
9

(a) All applicants for offices or places in the classified
10
service, except those mentioned in Section 10-1-17, are
11
subject to examination. The examination shall be public,
12
competitive, and open to all citizens of the United States,
13
with specified limitations as to residence, age, health,
14
habits, and moral character. An individual who is not a
15
citizen but is legally authorized to work in the United States
16
under federal law or is an individual against whom immigration
17
action has been deferred by the U.S. Citizenship and
18
Immigration Services under the federal Deferred Action for
19
Childhood Arrivals (DACA) process is authorized to apply for
20
the position of police officer, subject to (i) all
21
requirements and limitations, other than citizenship, to which
22
other applicants are subject and (ii) the individual being
23
authorized under federal law to obtain, carry, or purchase or

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1
otherwise possess a firearm.
2

(b) Residency requirements in effect at the time an
3
individual enters the fire or police service of a municipality
4
(other than a municipality that has more than 1,000,000
5
inhabitants) cannot be made more restrictive for that
6
individual during his or her period of service for that
7
municipality, or be made a condition of promotion, except for
8
the rank or position of Fire or Police Chief.
9

(c) No person with a record of misdemeanor convictions
10
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
12
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
13
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
14
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
15
(6), and (8) of subsection (a) of Section 24-1 of the Criminal
16
Code of 1961 or the Criminal Code of 2012 or arrested for any
17
cause but not convicted on that cause shall be disqualified
18
from taking the examination on grounds of habits or moral
19
character, unless the person is attempting to qualify for a
20
position on the police department, in which case the
21
conviction or arrest may be considered as a factor in
22
determining the person's habits or moral character.
23

(d) Persons entitled to military preference under Section
24
10-1-16 shall not be subject to limitations specifying age
25
unless
(1)
they are applicants for a position as
a fireman or
a
26
policeman having no previous employment status as a
fireman or

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1
policeman in the regularly constituted
fire or
police
2
department of the municipality, in which case they must not
3
have attained their 35th birthday, except any person who has
4
served as an auxiliary police officer under Section 3.1-30-20
5
for at least 5 years and is under 40 years of age
or (2) they
6
are applicants for a position as a fireman having no previous
7
employment status as a fireman in the regularly constituted
8
fire department of the municipality, in which case they must
9
not have attained their 37th birthday.
.
10

(e) All employees of a municipality of less than 500,000
11
population (except those who would be excluded from the
12
classified service as provided in this Division 1) who are
13
holding that employment as of the date a municipality adopts
14
this Division 1, or as of July 17, 1959, whichever date is the
15
later, and who have held that employment for at least 2 years
16
immediately before that later date, and all firemen and
17
policemen regardless of length of service who were either
18
appointed to their respective positions by the board of fire
19
and police commissioners under the provisions of Division 2 of
20
this Article or who are serving in a position (except as a
21
temporary employee) in the fire or police department in the
22
municipality on the date a municipality adopts this Division
23
1, or as of July 17, 1959, whichever date is the later, shall
24
become members of the classified civil service of the
25
municipality without examination.
26

(f) The examinations shall be practical in their

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1
character, and shall relate to those matters that will fairly
2
test the relative capacity of the persons examined to
3
discharge the duties of the positions to which they seek to be
4
appointed. The examinations shall include tests of physical
5
qualifications, health, and (when appropriate) manual skill.
6
If an applicant is unable to pass the physical examination
7
solely as the result of an injury received by the applicant as
8
the result of the performance of an act of duty while working
9
as a temporary employee in the position for which he or she is
10
being examined, however, the physical examination shall be
11
waived and the applicant shall be considered to have passed
12
the examination. No questions in any examination shall relate
13
to political or religious opinions or affiliations. Results of
14
examinations and the eligible registers prepared from the
15
results shall be published by the commission within 60 days
16
after any examinations are held.
17

(g) The commission shall control all examinations, and
18
may, whenever an examination is to take place, designate a
19
suitable number of persons, either in or not in the official
20
service of the municipality, to be examiners. The examiners
21
shall conduct the examinations as directed by the commission
22
and shall make a return or report of the examinations to the
23
commission. If the appointed examiners are in the official
24
service of the municipality, the examiners shall not receive
25
extra compensation for conducting the examinations unless the
26
examiners are subject to a collective bargaining agreement

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1
with the municipality. The commission may at any time
2
substitute any other person, whether or not in the service of
3
the municipality, in the place of any one selected as an
4
examiner. The commission members may themselves at any time
5
act as examiners without appointing examiners. The examiners
6
at any examination shall not all be members of the same
7
political party.
8

(h) In municipalities of 500,000 or more population,
(1)

9
no person who has attained his or her 35th birthday shall be
10
eligible to take an examination for a position as
a fireman or

11
a policeman unless the person has had previous employment
12
status as a policeman
or fireman
in the regularly constituted
13
police
or fire
department of the municipality, except as
14
provided in this Section
and (2) no person who has attained his
15
or her 37th birthday shall be eligible to take an examination
16
for a position as a fireman unless the person has had previous
17
employment status as a fireman in the regularly constituted
18
fire department of the municipality, except as provided in
19
this Section.
.
20

(i) In municipalities of more than 5,000 but not more than
21
200,000 inhabitants,
(1)
no person who has attained his or her
22
35th birthday shall be eligible to take an examination for a
23
position as
a fireman or
a policeman unless the person has had
24
previous employment status as a policeman
or fireman
in the
25
regularly constituted police
or fire
department of the
26
municipality, except as provided in this Section
(2) no person

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1
who has attained his or her 37th birthday shall be eligible to
2
take an examination for a position as a fireman unless the
3
person has had previous employment status as a fireman in the
4
regularly constituted fire department of the municipality,
5
except as provided in this Section.
.
6

(j) In all municipalities, applicants who are 20 years of
7
age and who have successfully completed 2 years of law
8
enforcement studies at an accredited college or university may
9
be considered for appointment to active duty with the police
10
department. An applicant described in this subsection (j) who
11
is appointed to active duty shall not have power of arrest, nor
12
shall the applicant be permitted to carry firearms, until he
13
or she reaches 21 years of age.
14

(k) In municipalities of more than 500,000 population,
15
applications for examination for and appointment to positions
16
as firefighters or police shall be made available at various
17
branches of the public library of the municipality.
18

(l) No municipality having a population less than
19
1,000,000 shall require that any fireman appointed to the
20
lowest rank serve a probationary employment period of longer
21
than one year. The limitation on periods of probationary
22
employment provided in Public Act 86-990 is an exclusive power
23
and function of the State. Pursuant to subsection (h) of
24
Section 6 of Article VII of the Illinois Constitution, a home
25
rule municipality having a population less than 1,000,000 must
26
comply with this limitation on periods of probationary

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1
employment, which is a denial and limitation of home rule
2
powers. Notwithstanding anything to the contrary in this
3
Section, the probationary employment period limitation may be
4
extended for a firefighter who is required, as a condition of
5
employment, to be a licensed paramedic, during which time the
6
sole reason that a firefighter may be discharged without a
7
hearing is for failing to meet the requirements for paramedic
8
licensure.
9

(m) To the extent that this Section or any other Section in
10
this Division conflicts with Section 10-1-7.1 or 10-1-7.2,
11
then Section 10-1-7.1 or 10-1-7.2 shall control.
12
(Source: P.A. 102-813, eff. 5-13-22; 103-357, eff. 1-1-24
.)

13

(65 ILCS 5/10-1-7.1)
14

Sec. 10-1-7.1.
Original appointments; full-time fire
15
department.
16

(a) Applicability. Unless a commission elects to follow
17
the provisions of Section 10-1-7.2, this Section shall apply
18
to all original appointments to an affected full-time fire
19
department. Existing registers of eligibles shall continue to
20
be valid until their expiration dates, or up to a maximum of 2
21
years after August 4, 2011 (the effective date of Public Act
22
97-251).
23

Notwithstanding any statute, ordinance, rule, or other law
24
to the contrary, all original appointments to an affected
25
department to which this Section applies shall be administered

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LRB104 14846 RTM 27990 b
1
in the manner provided for in this Section. Provisions of the
2
Illinois Municipal Code, municipal ordinances, and rules
3
adopted pursuant to such authority and other laws relating to
4
initial hiring of firefighters in affected departments shall
5
continue to apply to the extent they are compatible with this
6
Section, but in the event of a conflict between this Section
7
and any other law, this Section shall control.
8

A home rule or non-home rule municipality may not
9
administer its fire department process for original
10
appointments in a manner that is less stringent than this
11
Section. This Section is a limitation under subsection (i) of
12
Section 6 of Article VII of the Illinois Constitution on the
13
concurrent exercise by home rule units of the powers and
14
functions exercised by the State.
15

A municipality that is operating under a court order or
16
consent decree regarding original appointments to a full-time
17
fire department before August 4, 2011 (the effective date of
18
Public Act 97-251) is exempt from the requirements of this
19
Section for the duration of the court order or consent decree.
20

Notwithstanding any other provision of this subsection
21
(a), this Section does not apply to a municipality with more
22
than 1,000,000 inhabitants.
23

(b) Original appointments. All original appointments made
24
to an affected fire department shall be made from a register of
25
eligibles established in accordance with the processes
26
established by this Section. Only persons who meet or exceed

HB4936
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LRB104 14846 RTM 27990 b
1
the performance standards required by this Section shall be
2
placed on a register of eligibles for original appointment to
3
an affected fire department.
4

Whenever an appointing authority authorizes action to hire
5
a person to perform the duties of a firefighter or to hire a
6
firefighter-paramedic to fill a position that is a new
7
position or vacancy due to resignation, discharge, promotion,
8
death, the granting of a disability or retirement pension, or
9
any other cause, the appointing authority shall appoint to
10
that position the person with the highest ranking on the final
11
eligibility list. If the appointing authority has reason to
12
conclude that the highest ranked person fails to meet the
13
minimum standards for the position or if the appointing
14
authority believes an alternate candidate would better serve
15
the needs of the department, then the appointing authority has
16
the right to pass over the highest ranked person and appoint
17
either: (i) any person who has a ranking in the top 5% of the
18
register of eligibles or (ii) any person who is among the top 5
19
highest ranked persons on the list of eligibles if the number
20
of people who have a ranking in the top 5% of the register of
21
eligibles is less than 5 people.
22

Any candidate may pass on an appointment once without
23
losing his or her position on the register of eligibles. Any
24
candidate who passes a second time may be removed from the list
25
by the appointing authority provided that such action shall
26
not prejudice a person's opportunities to participate in

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1
future examinations, including an examination held during the
2
time a candidate is already on the municipality's register of
3
eligibles.
4

The sole authority to issue certificates of appointment
5
shall be vested in the Civil Service Commission. All
6
certificates of appointment issued to any officer or member of
7
an affected department shall be signed by the chairperson and
8
secretary, respectively, of the commission upon appointment of
9
such officer or member to the affected department by the
10
commission. After being selected from the register of
11
eligibles to fill a vacancy in the affected department, each
12
appointee shall be presented with his or her certificate of
13
appointment on the day on which he or she is sworn in as a
14
classified member of the affected department. Firefighters who
15
were not issued a certificate of appointment when originally
16
appointed shall be provided with a certificate within 10 days
17
after making a written request to the chairperson of the Civil
18
Service Commission. Each person who accepts a certificate of
19
appointment and successfully completes his or her probationary
20
period shall be enrolled as a firefighter and as a regular
21
member of the fire department.
22

For the purposes of this Section, "firefighter" means any
23
person who has been prior to, on, or after August 4, 2011 (the
24
effective date of Public Act 97-251) appointed to a fire
25
department or fire protection district or employed by a State
26
university and sworn or commissioned to perform firefighter

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1
duties or paramedic duties, or both, except that the following
2
persons are not included: part-time firefighters; auxiliary,
3
reserve, or voluntary firefighters, including paid-on-call
4
firefighters; clerks and dispatchers or other civilian
5
employees of a fire department or fire protection district who
6
are not routinely expected to perform firefighter duties; and
7
elected officials.
8

(c) Qualification for placement on register of eligibles.
9
The purpose of establishing a register of eligibles is to
10
identify applicants who possess and demonstrate the mental
11
aptitude and physical ability to perform the duties required
12
of members of the fire department in order to provide the
13
highest quality of service to the public. To this end, all
14
applicants for original appointment to an affected fire
15
department shall be subject to examination and testing which
16
shall be public, competitive, and open to all applicants
17
unless the municipality shall by ordinance limit applicants to
18
residents of the municipality, county or counties in which the
19
municipality is located, State, or nation. Any examination and
20
testing procedure utilized under subsection (e) of this
21
Section shall be supported by appropriate validation evidence
22
and shall comply with all applicable State and federal laws.
23
Municipalities may establish educational, emergency medical
24
service licensure, and other prerequisites for participation
25
in an examination or for hire as a firefighter. Any
26
municipality may charge a fee to cover the costs of the

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1
application process.
2

Residency requirements in effect at the time an individual
3
enters the fire service of a municipality cannot be made more
4
restrictive for that individual during his or her period of
5
service for that municipality, or be made a condition of
6
promotion, except for the rank or position of fire chief and
7
for no more than 2 positions that rank immediately below that
8
of the chief rank which are appointed positions pursuant to
9
the Fire Department Promotion Act.
10

No person who is
37

35
years of age or older shall be
11
eligible to take an examination for a position as a
12
firefighter unless the person has had previous employment
13
status as a firefighter in the regularly constituted fire
14
department of the municipality, except as provided in this
15
Section. The age limitation does not apply to:
16

(1) any person previously employed as a full-time
17

firefighter in a regularly constituted fire department of
18

(i) any municipality or fire protection district located
19

in Illinois, (ii) a fire protection district whose
20

obligations were assumed by a municipality under Section
21

21 of the Fire Protection District Act, or (iii) a
22

municipality whose obligations were taken over by a fire
23

protection district,
24

(2) any person who has served a municipality as a
25

regularly enrolled volunteer, paid-on-call, or part-time
26

firefighter, or

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1

(3) any person who turned
37

35
while serving as a
2

member of the active or reserve components of any of the
3

branches of the Armed Forces of the United States or the
4

National Guard of any state, whose service was
5

characterized as honorable or under honorable, if
6

separated from the military, and is currently under the
7

age of 40.
8

No person who is under
18

21
years of age shall be eligible
9
for employment as a firefighter.
10

No applicant shall be examined concerning his or her
11
political or religious opinions or affiliations. The
12
examinations shall be conducted by the commissioners of the
13
municipality or their designees and agents.
14

No municipality shall require that any firefighter
15
appointed to the lowest rank serve a probationary employment
16
period of longer than one year of actual active employment,
17
which may exclude periods of training, or injury or illness
18
leaves, including duty related leave, in excess of 30 calendar
19
days. Notwithstanding anything to the contrary in this
20
Section, the probationary employment period limitation may be
21
extended for a firefighter who is required, as a condition of
22
employment, to be a licensed paramedic, during which time the
23
sole reason that a firefighter may be discharged without a
24
hearing is for failing to meet the requirements for paramedic
25
licensure.
26

In the event that any applicant who has been found

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1
eligible for appointment and whose name has been placed upon
2
the final eligibility register provided for in this Division 1
3
has not been appointed to a firefighter position within one
4
year after the date of his or her physical ability
5
examination, the commission may cause a second examination to
6
be made of that applicant's physical ability prior to his or
7
her appointment. If, after the second examination, the
8
physical ability of the applicant shall be found to be less
9
than the minimum standard fixed by the rules of the
10
commission, the applicant shall not be appointed. The
11
applicant's name may be retained upon the register of
12
candidates eligible for appointment and when next reached for
13
certification and appointment that applicant may be again
14
examined as provided in this Section, and if the physical
15
ability of that applicant is found to be less than the minimum
16
standard fixed by the rules of the commission, the applicant
17
shall not be appointed, and the name of the applicant shall be
18
removed from the register.
19

(d) Notice, examination, and testing components. Notice of
20
the time, place, general scope, merit criteria for any
21
subjective component, and fee of every examination shall be
22
given by the commission, by a publication at least 2 weeks
23
preceding the examination: (i) in one or more newspapers
24
published in the municipality, or if no newspaper is published
25
therein, then in one or more newspapers with a general
26
circulation within the municipality, or (ii) on the

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1
municipality's Internet website. Additional notice of the
2
examination may be given as the commission shall prescribe.
3

The examination and qualifying standards for employment of
4
firefighters shall be based on: mental aptitude, physical
5
ability, preferences, moral character, and health. The mental
6
aptitude, physical ability, and preference components shall
7
determine an applicant's qualification for and placement on
8
the final register of eligibles. The examination may also
9
include a subjective component based on merit criteria as
10
determined by the commission. Scores from the examination must
11
be made available to the public.
12

(e) Mental aptitude. No person who does not possess at
13
least a high school diploma or an equivalent high school
14
education shall be placed on a register of eligibles.
15
Examination of an applicant's mental aptitude shall be based
16
upon a written examination. The examination shall be practical
17
in character and relate to those matters that fairly test the
18
capacity of the persons examined to discharge the duties
19
performed by members of a fire department. Written
20
examinations shall be administered in a manner that ensures
21
the security and accuracy of the scores achieved.
22

(f) Physical ability. All candidates shall be required to
23
undergo an examination of their physical ability to perform
24
the essential functions included in the duties they may be
25
called upon to perform as a member of a fire department. For
26
the purposes of this Section, essential functions of the job

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1
are functions associated with duties that a firefighter may be
2
called upon to perform in response to emergency calls. The
3
frequency of the occurrence of those duties as part of the fire
4
department's regular routine shall not be a controlling factor
5
in the design of examination criteria or evolutions selected
6
for testing. These physical examinations shall be open,
7
competitive, and based on industry standards designed to test
8
each applicant's physical abilities in the following
9
dimensions:
10

(1) Muscular strength to perform tasks and evolutions
11

that may be required in the performance of duties
12

including grip strength, leg strength, and arm strength.
13

Tests shall be conducted under anaerobic as well as
14

aerobic conditions to test both the candidate's speed and
15

endurance in performing tasks and evolutions. Tasks tested
16

may be based on standards developed, or approved, by the
17

local appointing authority.
18

(2) The ability to climb ladders, operate from
19

heights, walk or crawl in the dark along narrow and uneven
20

surfaces, and operate in proximity to hazardous
21

environments.
22

(3) The ability to carry out critical, time-sensitive,
23

and complex problem solving during physical exertion in
24

stressful and hazardous environments. The testing
25

environment may be hot and dark with tightly enclosed
26

spaces, flashing lights, sirens, and other distractions.

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1

The tests utilized to measure each applicant's
2
capabilities in each of these dimensions may be tests based on
3
industry standards currently in use or equivalent tests
4
approved by the Joint Labor-Management Committee of the Office
5
of the State Fire Marshal.
6

Physical ability examinations administered under this
7
Section shall be conducted with a reasonable number of
8
proctors and monitors, open to the public, and subject to
9
reasonable regulations of the commission.
10

(g) Scoring of examination components. Appointing
11
authorities may create a preliminary eligibility register. A
12
person shall be placed on the list based upon his or her
13
passage of the written examination or the passage of the
14
written examination and the physical ability component.
15
Passage of the written examination means attaining the minimum
16
score set by the commission. Minimum scores should be set by
17
the commission so as to demonstrate a candidate's ability to
18
perform the essential functions of the job. The minimum score
19
set by the commission shall be supported by appropriate
20
validation evidence and shall comply with all applicable State
21
and federal laws. The appointing authority may conduct the
22
physical ability component and any subjective components
23
subsequent to the posting of the preliminary eligibility
24
register.
25

The examination components for an initial eligibility
26
register shall be graded on a 100-point scale. A person's

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position on the list shall be determined by the following: (i)
2
the person's score on the written examination, (ii) the person
3
successfully passing the physical ability component, and (iii)
4
the person's results on any subjective component as described
5
in subsection (d).
6

In order to qualify for placement on the final eligibility
7
register, an applicant's score on the written examination,
8
before any applicable preference points or subjective points
9
are applied, shall be at or above the minimum score set by the
10
commission. The local appointing authority may prescribe the
11
score to qualify for placement on the final eligibility
12
register, but the score shall not be less than the minimum
13
score set by the commission.
14

The commission shall prepare and keep a register of
15
persons whose total score is not less than the minimum score
16
for passage and who have passed the physical ability
17
examination. These persons shall take rank upon the register
18
as candidates in the order of their relative excellence based
19
on the highest to the lowest total points scored on the mental
20
aptitude, subjective component, and preference components of
21
the test administered in accordance with this Section. No more
22
than 60 days after each examination, an initial eligibility
23
list shall be posted by the commission. The list shall include
24
the final grades of the candidates without reference to
25
priority of the time of examination and subject to claim for
26
preference credit.

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Commissions may conduct additional examinations, including
2
without limitation a polygraph test, after a final eligibility
3
register is established and before it expires with the
4
candidates ranked by total score without regard to date of
5
examination. No more than 60 days after each examination, an
6
initial eligibility list shall be posted by the commission
7
showing the final grades of the candidates without reference
8
to priority of time of examination and subject to claim for
9
preference credit.
10

(h) Preferences. The following are preferences:
11

(1) Veteran preference. Persons who were engaged in
12

the military service of the United States for a period of
13

at least one year of active duty and who were honorably
14

discharged therefrom, or who are now or have been members
15

on inactive or reserve duty in such military or naval
16

service, shall be preferred for appointment to and
17

employment with the fire department of an affected
18

department.
19

(2) Fire cadet preference. Persons who have
20

successfully completed 2 years of study in fire techniques
21

or cadet training within a cadet program established under
22

the rules of the Joint Labor and Management Committee
23

(JLMC), as defined in Section 50 of the Fire Department
24

Promotion Act, may be preferred for appointment to and
25

employment with the fire department.
26

(3) Educational preference. Persons who have

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1

successfully obtained an associate's degree in the field
2

of fire service or emergency medical services, or a
3

bachelor's degree from an accredited college or university
4

may be preferred for appointment to and employment with
5

the fire department.
6

(4) Paramedic preference. Persons who have obtained a
7

license as a paramedic may be preferred for appointment to
8

and employment with the fire department of an affected
9

department providing emergency medical services.
10

(5) Experience preference. All persons employed by a
11

municipality who have been paid-on-call or part-time
12

certified Firefighter II, certified Firefighter III, State
13

of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
14

paramedic, or any combination of those capacities may be
15

awarded up to a maximum of 5 points. However, the
16

applicant may not be awarded more than 0.5 points for each
17

complete year of paid-on-call or part-time service.
18

Applicants from outside the municipality who were employed
19

as full-time firefighters or firefighter-paramedics by a
20

fire protection district or another municipality may be
21

awarded up to 5 experience preference points. However, the
22

applicant may not be awarded more than one point for each
23

complete year of full-time service.
24

Upon request by the commission, the governing body of
25

the municipality or in the case of applicants from outside
26

the municipality the governing body of any fire protection

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1

district or any other municipality shall certify to the
2

commission, within 10 days after the request, the number
3

of years of successful paid-on-call, part-time, or
4

full-time service of any person. A candidate may not
5

receive the full amount of preference points under this
6

subsection if the amount of points awarded would place the
7

candidate before a veteran on the eligibility list. If
8

more than one candidate receiving experience preference
9

points is prevented from receiving all of their points due
10

to not being allowed to pass a veteran, the candidates
11

shall be placed on the list below the veteran in rank order
12

based on the totals received if all points under this
13

subsection were to be awarded. Any remaining ties on the
14

list shall be determined by lot.
15

(6) Residency preference. Applicants whose principal
16

residence is located within the fire department's
17

jurisdiction may be preferred for appointment to and
18

employment with the fire department.
19

(7) Additional preferences. Up to 5 additional
20

preference points may be awarded for unique categories
21

based on an applicant's experience or background as
22

identified by the commission.
23

(7.5) Apprentice preferences. A person who has
24

performed fire suppression service for a department as a
25

firefighter apprentice and otherwise meets the
26

qualifications for original appointment as a firefighter

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1

specified in this Section may be awarded up to 20
2

preference points. To qualify for preference points, an
3

applicant shall have completed a minimum of 600 hours of
4

fire suppression work on a regular shift for the affected
5

fire department over a 12-month period. The fire
6

suppression work must be in accordance with Section
7

10-1-14 of this Division and the terms established by a
8

Joint Apprenticeship Committee included in a collective
9

bargaining agreement agreed between the employer and its
10

certified bargaining agent. An eligible applicant must
11

apply to the Joint Apprenticeship Committee for preference
12

points under this item. The Joint Apprenticeship Committee
13

shall evaluate the merit of the applicant's performance,
14

determine the preference points to be awarded, and certify
15

the amount of points awarded to the commissioners. The
16

commissioners may add the certified preference points to
17

the final grades achieved by the applicant on the other
18

components of the examination.
19

(8) Scoring of preferences. The commission shall give
20

preference for original appointment to persons designated
21

in item (1) by adding to the final grade that they receive
22

5 points for the recognized preference achieved. The
23

commission may give preference for original appointment to
24

persons designated in item (7.5) by adding to the final
25

grade the amount of points designated by the Joint
26

Apprenticeship Committee as defined in item (7.5). The

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1

commission shall determine the number of preference points
2

for each category, except items (1) and (7.5). The number
3

of preference points for each category shall range from 0
4

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

preference points, the commission shall prescribe that if
6

a candidate earns the maximum number of preference points
7

in all categories except item (7.5), that number may not
8

be less than 10 nor more than 30. The commission shall give
9

preference for original appointment to persons designated
10

in items (2) through (7) by adding the requisite number of
11

points to the final grade for each recognized preference
12

achieved. The numerical result thus attained shall be
13

applied by the commission in determining the final
14

eligibility list and appointment from the eligibility
15

list. The local appointing authority may prescribe the
16

total number of preference points awarded under this
17

Section, but the total number of preference points, except
18

item (7.5), shall not be less than 10 points or more than
19

30 points. Apprentice preference points may be added in
20

addition to other preference points awarded by the
21

commission.
22

No person entitled to any preference shall be required to
23
claim the credit before any examination held under the
24
provisions of this Section, but the preference shall be given
25
after the posting or publication of the initial eligibility
26
list or register at the request of a person entitled to a

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1
credit before any certification or appointments are made from
2
the eligibility register, upon the furnishing of verifiable
3
evidence and proof of qualifying preference credit. Candidates
4
who are eligible for preference credit shall make a claim in
5
writing within 10 days after the posting of the initial
6
eligibility list, or the claim shall be deemed waived. Final
7
eligibility registers shall be established after the awarding
8
of verified preference points. However, apprentice preference
9
credit earned subsequent to the establishment of the final
10
eligibility register may be applied to the applicant's score
11
upon certification by the Joint Apprenticeship Committee to
12
the commission and the rank order of candidates on the final
13
eligibility register shall be adjusted accordingly. All
14
employment shall be subject to the commission's initial hire
15
background review, including, but not limited to, criminal
16
history, employment history, moral character, oral
17
examination, and medical and psychological examinations, all
18
on a pass-fail basis. The medical and psychological
19
examinations must be conducted last, and may only be performed
20
after a conditional offer of employment has been extended.
21

Any person placed on an eligibility list who exceeds the
22
age requirement before being appointed to a fire department
23
shall remain eligible for appointment until the list is
24
abolished, or his or her name has been on the list for a period
25
of 2 years. No person who has attained the age of
37

35
years
26
shall be inducted into a fire department, except as otherwise

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1
provided in this Section.
2

The commission shall strike off the names of candidates
3
for original appointment after the names have been on the list
4
for more than 2 years.
5

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

A classifiable set of the fingerprints of every person who
22
is offered employment as a certificated member of an affected
23
fire department whether with or without compensation, shall be
24
furnished to the Illinois State Police and to the Federal
25
Bureau of Investigation by the commission.
26

Whenever a commission is authorized or required by law to

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1
consider some aspect of criminal history record information
2
for the purpose of carrying out its statutory powers and
3
responsibilities, then, upon request and payment of fees in
4
conformance with the requirements of Section 2605-400 of the
5
Illinois State Police Law of the Civil Administrative Code of
6
Illinois, the Illinois State Police is authorized to furnish,
7
pursuant to positive identification, the information contained
8
in State files as is necessary to fulfill the request.
9

(j) Temporary appointments. In order to prevent a stoppage
10
of public business, to meet extraordinary exigencies, or to
11
prevent material impairment of the fire department, the
12
commission may make temporary appointments, to remain in force
13
only until regular appointments are made under the provisions
14
of this Division, but never to exceed 60 days. No temporary
15
appointment of any one person shall be made more than twice in
16
any calendar year.
17

(k) A person who knowingly divulges or receives test
18
questions or answers before a written examination, or
19
otherwise knowingly violates or subverts any requirement of
20
this Section, commits a violation of this Section and may be
21
subject to charges for official misconduct.
22

A person who is the knowing recipient of test information
23
in advance of the examination shall be disqualified from the
24
examination or discharged from the position to which he or she
25
was appointed, as applicable, and otherwise subjected to
26
disciplinary actions.

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1
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
2
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
3
5-13-22.)

4

(65 ILCS 5/10-1-12)

(from Ch. 24, par. 10-1-12)
5

Sec. 10-1-12.
Register; eligibility list.
From the returns
6
or reports of the examiners, or from the examinations made by
7
the commission, the commission shall prepare a register for
8
each grade or class of positions in the classified service of
9
such municipality of the persons whose general average
10
standing upon examination for such grade or class is not less
11
than the minimum fixed by the rules of such commission, and who
12
are otherwise eligible. Such persons shall take rank upon the
13
register as candidates in the order of their relative
14
excellence as determined by examination, without reference to
15
priority of time of examination.
16

Within 60 days after each examination, an eligibility list
17
shall be posted by the Commission, which shall show the final
18
grades of the candidates without reference to priority of time
19
of examination and subject to claim for military credit.
20
Candidates who are eligible for military credit shall make a
21
claim in writing within 10 days after posting of the
22
eligibility list or such claim shall be deemed waived.
23
Appointment shall be subject to a final physical examination.
24

If a person is placed on an eligibility list and becomes
25
overage before he or she is appointed to a police or fire

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1
department, the person remains eligible for appointment until
2
the list is abolished pursuant to authorized procedures.
3
Otherwise no person who has attained the age of 36 years shall
4
be inducted as a member of a police department and no person
5
who has attained the age of
37

35
years shall be inducted as a
6
member of a fire department, except as otherwise provided in
7
this division. With respect to a police department, a veteran
8
shall be allowed to exceed the maximum age provision of this
9
Section by the number of years served on active military duty,
10
but by no more than 10 years of active military duty.
11
(Source: P.A. 96-472, eff. 8-14-09.)

12

(65 ILCS 5/10-2.1-6)

(from Ch. 24, par. 10-2.1-6)
13

Sec. 10-2.1-6.
Examination of applicants;
14
disqualifications.
15

(a) All applicants for a position in
either
the
fire or

16
police department of the municipality shall be under 35 years
17
of age
. All applicants for a position in the fire department of
18
the municipality shall be under 37 years of age. All
19
applicants for a position in either the fire or police
20
department

,
shall be subject to an examination that shall be
21
public, competitive, and open to all applicants (unless the
22
council or board of trustees by ordinance
limits

limit

23
applicants to electors of the municipality, county, state, or
24
nation) and shall be subject to reasonable limitations as to
25
residence, health, habits, and moral character. An individual

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1
who is not a citizen but is legally authorized to work in the
2
United States under federal law or is an individual against
3
whom immigration action has been deferred by the U.S.
4
Citizenship and Immigration Services under the federal
5
Deferred Action for Childhood Arrivals (DACA) process is
6
authorized to apply for the position of police officer,
7
subject to (i) all requirements and limitations, other than
8
citizenship, to which other applicants are subject and (ii)
9
the individual being authorized under federal law to obtain,
10
carry, or purchase or otherwise possess a firearm. The
11
municipality may not charge or collect any fee from an
12
applicant who has met all prequalification standards
13
established by the municipality for any such position. With
14
respect to a police department, a veteran shall be allowed to
15
exceed the maximum age provision of this Section by the number
16
of years served on active military duty, but by no more than 10
17
years of active military duty.
18

(b) Residency requirements in effect at the time an
19
individual enters the fire or police service of a municipality
20
(other than a municipality that has more than 1,000,000
21
inhabitants) cannot be made more restrictive for that
22
individual during his period of service for that municipality,
23
or be made a condition of promotion, except for the rank or
24
position of Fire or Police Chief.
25

(c) No person with a record of misdemeanor convictions
26
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,

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1
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
2
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
3
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
4
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
5
(6), and (8) of subsection (a) of Section 24-1 of the Criminal
6
Code of 1961 or the Criminal Code of 2012, or arrested for any
7
cause but not convicted on that cause shall be disqualified
8
from taking the examination to qualify for a position in the
9
fire department on grounds of habits or moral character.
10

(d) The age limitation in subsection (a) does not apply
11
(i) to any person previously employed as a policeman or
12
fireman in a regularly constituted police or fire department
13
of (I) any municipality, regardless of whether the
14
municipality is located in Illinois or in another state, or
15
(II) a fire protection district whose obligations were assumed
16
by a municipality under Section 21 of the Fire Protection
17
District Act, (ii) to any person who has served a municipality
18
as a regularly enrolled volunteer fireman for 5 years
19
immediately preceding the time that municipality begins to use
20
full time firemen to provide all or part of its fire protection
21
service, or (iii) to any person who has served as an auxiliary
22
police officer under Section 3.1-30-20 for at least 5 years
23
and is under 40 years of age, (iv) to any person who has served
24
as a deputy under Section 3-6008 of the Counties Code and
25
otherwise meets necessary training requirements, or (v) to any
26
person who has served as a sworn officer as a member of the

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1
Illinois State Police.
2

(e) Applicants who are 20 years of age and who have
3
successfully completed 2 years of law enforcement studies at
4
an accredited college or university may be considered for
5
appointment to active duty with the police department. An
6
applicant described in this subsection (e) who is appointed to
7
active duty shall not have power of arrest, nor shall the
8
applicant be permitted to carry firearms, until he or she
9
reaches 21 years of age.
10

(f) Applicants who are 18 years of age and who have
11
successfully completed 2 years of study in fire techniques,
12
amounting to a total of 4 high school credits, within the cadet
13
program of a municipality may be considered for appointment to
14
active duty with the fire department of any municipality.
15

(g) The council or board of trustees may by ordinance
16
provide that persons residing outside the municipality are
17
eligible to take the examination.
18

(h) The examinations shall be practical in character and
19
relate to those matters that will fairly test the capacity of
20
the persons examined to discharge the duties of the positions
21
to which they seek appointment. No person shall be appointed
22
to the police or fire department if he or she does not possess
23
a high school diploma or an equivalent high school education.
24
A board of fire and police commissioners may, by its rules,
25
require police applicants to have obtained an associate's
26
degree or a bachelor's degree as a prerequisite for

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1
employment. The examinations shall include tests of physical
2
qualifications and health. A board of fire and police
3
commissioners may, by its rules, waive portions of the
4
required examination for police applicants who have previously
5
been full-time sworn officers of a regular police department
6
in any municipal, county, university, or State law enforcement
7
agency, provided they are certified by the Illinois Law
8
Enforcement Training Standards Board and have been with their
9
respective law enforcement agency within the State for at
10
least 2 years. No person shall be appointed to the police or
11
fire department if he or she has suffered the amputation of any
12
limb unless the applicant's duties will be only clerical or as
13
a radio operator. No applicant shall be examined concerning
14
his or her political or religious opinions or affiliations.
15
The examinations shall be conducted by the board of fire and
16
police commissioners of the municipality as provided in this
17
Division 2.1.
18

The requirement that a police applicant possess an
19
associate's degree under this subsection may be waived if one
20
or more of the following applies: (1) the applicant has served
21
for 24 months of honorable active duty in the United States
22
Armed Forces and has not been discharged dishonorably or under
23
circumstances other than honorable; (2) the applicant has
24
served for 180 days of active duty in the United States Armed
25
Forces in combat duty recognized by the Department of Defense
26
and has not been discharged dishonorably or under

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1
circumstances other than honorable; or (3) the applicant has
2
successfully received credit for a minimum of 60 credit hours
3
toward a bachelor's degree from an accredited college or
4
university.
5

The requirement that a police applicant possess a
6
bachelor's degree under this subsection may be waived if one
7
or more of the following applies: (1) the applicant has served
8
for 36 months of honorable active duty in the United States
9
Armed Forces and has not been discharged dishonorably or under
10
circumstances other than honorable or (2) the applicant has
11
served for 180 days of active duty in the United States Armed
12
Forces in combat duty recognized by the Department of Defense
13
and has not been discharged dishonorably or under
14
circumstances other than honorable.
15

(i) No person who is classified by his local selective
16
service draft board as a conscientious objector, or who has
17
ever been so classified, may be appointed to the police
18
department.
19

(j) No person shall be appointed to the police or fire
20
department unless he or she is a person of good character and
21
not an habitual drunkard, gambler, or a person who has been
22
convicted of a felony or a crime involving moral turpitude. No
23
person, however, shall be disqualified from appointment to the
24
fire department because of his or her record of misdemeanor
25
convictions except those under Sections 11-1.50, 11-6, 11-7,
26
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,

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1
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
2
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
3
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
4
paragraphs (1), (6), and (8) of subsection (a) of Section 24-1
5
of the Criminal Code of 1961 or the Criminal Code of 2012, or
6
arrest for any cause without conviction on that cause. Any
7
such person who is in the department may be removed on charges
8
brought and after a trial as provided in this Division 2.1.
9
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
10
103-357, eff. 1-1-24; revised 7-7-25.)

11

(65 ILCS 5/10-2.1-6.3)
12

Sec. 10-2.1-6.3.
Original appointments; full-time fire
13
department.
14

(a) Applicability. Unless a commission elects to follow
15
the provisions of Section 10-2.1-6.4, this Section shall apply
16
to all original appointments to an affected full-time fire
17
department. Existing registers of eligibles shall continue to
18
be valid until their expiration dates, or up to a maximum of 2
19
years after August 4, 2011 (the effective date of Public Act
20
97-251).
21

Notwithstanding any statute, ordinance, rule, or other law
22
to the contrary, all original appointments to an affected
23
department to which this Section applies shall be administered
24
in the manner provided for in this Section. Provisions of the
25
Illinois Municipal Code, municipal ordinances, and rules

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adopted pursuant to such authority and other laws relating to
2
initial hiring of firefighters in affected departments shall
3
continue to apply to the extent they are compatible with this
4
Section, but in the event of a conflict between this Section
5
and any other law, this Section shall control.
6

A home rule or non-home rule municipality may not
7
administer its fire department process for original
8
appointments in a manner that is less stringent than this
9
Section. This Section is a limitation under subsection (i) of
10
Section 6 of Article VII of the Illinois Constitution on the
11
concurrent exercise by home rule units of the powers and
12
functions exercised by the State.
13

A municipality that is operating under a court order or
14
consent decree regarding original appointments to a full-time
15
fire department before August 4, 2011 (the effective date of
16
Public Act 97-251) is exempt from the requirements of this
17
Section for the duration of the court order or consent decree.
18

Notwithstanding any other provision of this subsection
19
(a), this Section does not apply to a municipality with more
20
than 1,000,000 inhabitants.
21

(b) Original appointments. All original appointments made
22
to an affected fire department shall be made from a register of
23
eligibles established in accordance with the processes
24
established by this Section. Only persons who meet or exceed
25
the performance standards required by this Section shall be
26
placed on a register of eligibles for original appointment to

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an affected fire department.
2

Whenever an appointing authority authorizes action to hire
3
a person to perform the duties of a firefighter or to hire a
4
firefighter-paramedic to fill a position that is a new
5
position or vacancy due to resignation, discharge, promotion,
6
death, the granting of a disability or retirement pension, or
7
any other cause, the appointing authority shall appoint to
8
that position the person with the highest ranking on the final
9
eligibility list. If the appointing authority has reason to
10
conclude that the highest ranked person fails to meet the
11
minimum standards for the position or if the appointing
12
authority believes an alternate candidate would better serve
13
the needs of the department, then the appointing authority has
14
the right to pass over the highest ranked person and appoint
15
either: (i) any person who has a ranking in the top 5% of the
16
register of eligibles or (ii) any person who is among the top 5
17
highest ranked persons on the list of eligibles if the number
18
of people who have a ranking in the top 5% of the register of
19
eligibles is less than 5 people.
20

Any candidate may pass on an appointment once without
21
losing his or her position on the register of eligibles. Any
22
candidate who passes a second time may be removed from the list
23
by the appointing authority provided that such action shall
24
not prejudice a person's opportunities to participate in
25
future examinations, including an examination held during the
26
time a candidate is already on the municipality's register of

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eligibles.
2

The sole authority to issue certificates of appointment
3
shall be vested in the board of fire and police commissioners.
4
All certificates of appointment issued to any officer or
5
member of an affected department shall be signed by the
6
chairperson and secretary, respectively, of the board upon
7
appointment of such officer or member to the affected
8
department by action of the board. After being selected from
9
the register of eligibles to fill a vacancy in the affected
10
department, each appointee shall be presented with his or her
11
certificate of appointment on the day on which he or she is
12
sworn in as a classified member of the affected department.
13
Firefighters who were not issued a certificate of appointment
14
when originally appointed shall be provided with a certificate
15
within 10 days after making a written request to the
16
chairperson of the board of fire and police commissioners.
17
Each person who accepts a certificate of appointment and
18
successfully completes his or her probationary period shall be
19
enrolled as a firefighter and as a regular member of the fire
20
department.
21

For the purposes of this Section, "firefighter" means any
22
person who has been prior to, on, or after August 4, 2011 (the
23
effective date of Public Act 97-251) appointed to a fire
24
department or fire protection district or employed by a State
25
university and sworn or commissioned to perform firefighter
26
duties or paramedic duties, or both, except that the following

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persons are not included: part-time firefighters; auxiliary,
2
reserve, or voluntary firefighters, including paid-on-call
3
firefighters; clerks and dispatchers or other civilian
4
employees of a fire department or fire protection district who
5
are not routinely expected to perform firefighter duties; and
6
elected officials.
7

(c) Qualification for placement on register of eligibles.
8
The purpose of establishing a register of eligibles is to
9
identify applicants who possess and demonstrate the mental
10
aptitude and physical ability to perform the duties required
11
of members of the fire department in order to provide the
12
highest quality of service to the public. To this end, all
13
applicants for original appointment to an affected fire
14
department shall be subject to examination and testing which
15
shall be public, competitive, and open to all applicants
16
unless the municipality shall by ordinance limit applicants to
17
residents of the municipality, county or counties in which the
18
municipality is located, State, or nation. Any examination and
19
testing procedure utilized under subsection (e) of this
20
Section shall be supported by appropriate validation evidence
21
and shall comply with all applicable State and federal laws.
22
Municipalities may establish educational, emergency medical
23
service licensure, and other prerequisites for participation
24
in an examination or for hire as a firefighter. Any
25
municipality may charge a fee to cover the costs of the
26
application process.

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Residency requirements in effect at the time an individual
2
enters the fire service of a municipality cannot be made more
3
restrictive for that individual during his or her period of
4
service for that municipality, or be made a condition of
5
promotion, except for the rank or position of fire chief and
6
for no more than 2 positions that rank immediately below that
7
of the chief rank which are appointed positions pursuant to
8
the Fire Department Promotion Act.
9

No person who is
37

35
years of age or older shall be
10
eligible to take an examination for a position as a
11
firefighter unless the person has had previous employment
12
status as a firefighter in the regularly constituted fire
13
department of the municipality, except as provided in this
14
Section. The age limitation does not apply to:
15

(1) any person previously employed as a full-time
16

firefighter in a regularly constituted fire department of
17

(i) any municipality or fire protection district located
18

in Illinois, (ii) a fire protection district whose
19

obligations were assumed by a municipality under Section
20

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

municipality whose obligations were taken over by a fire
22

protection district,
23

(2) any person who has served a municipality as a
24

regularly enrolled volunteer, paid-on-call, or part-time
25

firefighter, or
26

(3) any person who turned
37

35
while serving as a

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member of the active or reserve components of any of the
2

branches of the Armed Forces of the United States or the
3

National Guard of any state, whose service was
4

characterized as honorable or under honorable, if
5

separated from the military, and is currently under the
6

age of 40.
7

No person who is under
18

21
years of age shall be eligible
8
for employment as a firefighter.
9

No applicant shall be examined concerning his or her
10
political or religious opinions or affiliations. The
11
examinations shall be conducted by the commissioners of the
12
municipality or their designees and agents.
13

No municipality shall require that any firefighter
14
appointed to the lowest rank serve a probationary employment
15
period of longer than one year of actual active employment,
16
which may exclude periods of training, or injury or illness
17
leaves, including duty related leave, in excess of 30 calendar
18
days. Notwithstanding anything to the contrary in this
19
Section, the probationary employment period limitation may be
20
extended for a firefighter who is required, as a condition of
21
employment, to be a licensed paramedic, during which time the
22
sole reason that a firefighter may be discharged without a
23
hearing is for failing to meet the requirements for paramedic
24
licensure.
25

In the event that any applicant who has been found
26
eligible for appointment and whose name has been placed upon

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the final eligibility register provided for in this Section
2
has not been appointed to a firefighter position within one
3
year after the date of his or her physical ability
4
examination, the commission may cause a second examination to
5
be made of that applicant's physical ability prior to his or
6
her appointment. If, after the second examination, the
7
physical ability of the applicant shall be found to be less
8
than the minimum standard fixed by the rules of the
9
commission, the applicant shall not be appointed. The
10
applicant's name may be retained upon the register of
11
candidates eligible for appointment and when next reached for
12
certification and appointment that applicant may be again
13
examined as provided in this Section, and if the physical
14
ability of that applicant is found to be less than the minimum
15
standard fixed by the rules of the commission, the applicant
16
shall not be appointed, and the name of the applicant shall be
17
removed from the register.
18

(d) Notice, examination, and testing components. Notice of
19
the time, place, general scope, merit criteria for any
20
subjective component, and fee of every examination shall be
21
given by the commission, by a publication at least 2 weeks
22
preceding the examination: (i) in one or more newspapers
23
published in the municipality, or if no newspaper is published
24
therein, then in one or more newspapers with a general
25
circulation within the municipality, or (ii) on the
26
municipality's Internet website. Additional notice of the

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examination may be given as the commission shall prescribe.
2

The examination and qualifying standards for employment of
3
firefighters shall be based on: mental aptitude, physical
4
ability, preferences, moral character, and health. The mental
5
aptitude, physical ability, and preference components shall
6
determine an applicant's qualification for and placement on
7
the final register of eligibles. The examination may also
8
include a subjective component based on merit criteria as
9
determined by the commission. Scores from the examination must
10
be made available to the public.
11

(e) Mental aptitude. No person who does not possess at
12
least a high school diploma or an equivalent high school
13
education shall be placed on a register of eligibles.
14
Examination of an applicant's mental aptitude shall be based
15
upon a written examination. The examination shall be practical
16
in character and relate to those matters that fairly test the
17
capacity of the persons examined to discharge the duties
18
performed by members of a fire department. Written
19
examinations shall be administered in a manner that ensures
20
the security and accuracy of the scores achieved.
21

(f) Physical ability. All candidates shall be required to
22
undergo an examination of their physical ability to perform
23
the essential functions included in the duties they may be
24
called upon to perform as a member of a fire department. For
25
the purposes of this Section, essential functions of the job
26
are functions associated with duties that a firefighter may be

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called upon to perform in response to emergency calls. The
2
frequency of the occurrence of those duties as part of the fire
3
department's regular routine shall not be a controlling factor
4
in the design of examination criteria or evolutions selected
5
for testing. These physical examinations shall be open,
6
competitive, and based on industry standards designed to test
7
each applicant's physical abilities in the following
8
dimensions:
9

(1) Muscular strength to perform tasks and evolutions
10

that may be required in the performance of duties
11

including grip strength, leg strength, and arm strength.
12

Tests shall be conducted under anaerobic as well as
13

aerobic conditions to test both the candidate's speed and
14

endurance in performing tasks and evolutions. Tasks tested
15

may be based on standards developed, or approved, by the
16

local appointing authority.
17

(2) The ability to climb ladders, operate from
18

heights, walk or crawl in the dark along narrow and uneven
19

surfaces, and operate in proximity to hazardous
20

environments.
21

(3) The ability to carry out critical, time-sensitive,
22

and complex problem solving during physical exertion in
23

stressful and hazardous environments. The testing
24

environment may be hot and dark with tightly enclosed
25

spaces, flashing lights, sirens, and other distractions.
26

The tests utilized to measure each applicant's

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1
capabilities in each of these dimensions may be tests based on
2
industry standards currently in use or equivalent tests
3
approved by the Joint Labor-Management Committee of the Office
4
of the State Fire Marshal.
5

Physical ability examinations administered under this
6
Section shall be conducted with a reasonable number of
7
proctors and monitors, open to the public, and subject to
8
reasonable regulations of the commission.
9

(g) Scoring of examination components. Appointing
10
authorities may create a preliminary eligibility register. A
11
person shall be placed on the list based upon his or her
12
passage of the written examination or the passage of the
13
written examination and the physical ability component.
14
Passage of the written examination means attaining the minimum
15
score set by the commission. Minimum scores should be set by
16
the commission so as to demonstrate a candidate's ability to
17
perform the essential functions of the job. The minimum score
18
set by the commission shall be supported by appropriate
19
validation evidence and shall comply with all applicable State
20
and federal laws. The appointing authority may conduct the
21
physical ability component and any subjective components
22
subsequent to the posting of the preliminary eligibility
23
register.
24

The examination components for an initial eligibility
25
register shall be graded on a 100-point scale. A person's
26
position on the list shall be determined by the following: (i)

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the person's score on the written examination, (ii) the person
2
successfully passing the physical ability component, and (iii)
3
the person's results on any subjective component as described
4
in subsection (d).
5

In order to qualify for placement on the final eligibility
6
register, an applicant's score on the written examination,
7
before any applicable preference points or subjective points
8
are applied, shall be at or above the minimum score as set by
9
the commission. The local appointing authority may prescribe
10
the score to qualify for placement on the final eligibility
11
register, but the score shall not be less than the minimum
12
score set by the commission.
13

The commission shall prepare and keep a register of
14
persons whose total score is not less than the minimum score
15
for passage and who have passed the physical ability
16
examination. These persons shall take rank upon the register
17
as candidates in the order of their relative excellence based
18
on the highest to the lowest total points scored on the mental
19
aptitude, subjective component, and preference components of
20
the test administered in accordance with this Section. No more
21
than 60 days after each examination, an initial eligibility
22
list shall be posted by the commission. The list shall include
23
the final grades of the candidates without reference to
24
priority of the time of examination and subject to claim for
25
preference credit.
26

Commissions may conduct additional examinations, including

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without limitation a polygraph test, after a final eligibility
2
register is established and before it expires with the
3
candidates ranked by total score without regard to date of
4
examination. No more than 60 days after each examination, an
5
initial eligibility list shall be posted by the commission
6
showing the final grades of the candidates without reference
7
to priority of time of examination and subject to claim for
8
preference credit.
9

(h) Preferences. The following are preferences:
10

(1) Veteran preference. Persons who were engaged in
11

the military service of the United States for a period of
12

at least one year of active duty and who were honorably
13

discharged therefrom, or who are now or have been members
14

on inactive or reserve duty in such military or naval
15

service, shall be preferred for appointment to and
16

employment with the fire department of an affected
17

department.
18

(2) Fire cadet preference. Persons who have
19

successfully completed 2 years of study in fire techniques
20

or cadet training within a cadet program established under
21

the rules of the Joint Labor and Management Committee
22

(JLMC), as defined in Section 50 of the Fire Department
23

Promotion Act, may be preferred for appointment to and
24

employment with the fire department.
25

(3) Educational preference. Persons who have
26

successfully obtained an associate's degree in the field

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1

of fire service or emergency medical services, or a
2

bachelor's degree from an accredited college or university
3

may be preferred for appointment to and employment with
4

the fire department.
5

(4) Paramedic preference. Persons who have obtained a
6

license as a paramedic shall be preferred for appointment
7

to and employment with the fire department of an affected
8

department providing emergency medical services.
9

(5) Experience preference. All persons employed by a
10

municipality who have been paid-on-call or part-time
11

certified Firefighter II, State of Illinois or nationally
12

licensed EMT, EMT-I, A-EMT, or any combination of those
13

capacities shall be awarded 0.5 point for each year of
14

successful service in one or more of those capacities, up
15

to a maximum of 5 points. Certified Firefighter III and
16

State of Illinois or nationally licensed paramedics shall
17

be awarded one point per year up to a maximum of 5 points.
18

Applicants from outside the municipality who were employed
19

as full-time firefighters or firefighter-paramedics by a
20

fire protection district or another municipality for at
21

least 2 years shall be awarded 5 experience preference
22

points. These additional points presuppose a rating scale
23

totaling 100 points available for the eligibility list. If
24

more or fewer points are used in the rating scale for the
25

eligibility list, the points awarded under this subsection
26

shall be increased or decreased by a factor equal to the

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total possible points available for the examination
2

divided by 100.
3

Upon request by the commission, the governing body of
4

the municipality or in the case of applicants from outside
5

the municipality the governing body of any fire protection
6

district or any other 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 shall 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
12

10-2.1-4 of this Division and the terms established by a
13

Joint 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 may 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 items (1) and (7.5). The number
8

of preference points for each category shall range from 0
9

to 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 may 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 may make a claim in
10
writing within 10 days after the posting of the initial
11
eligibility list, or the claim may be deemed waived. Final
12
eligibility registers may be established after the awarding of
13
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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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
37

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 Division, 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.)

9

(65 ILCS 5/10-2.1-14)

(from Ch. 24, par. 10-2.1-14)
10

Sec. 10-2.1-14.
Register of eligibles.
The board of fire
11
and police commissioners shall prepare and keep a register of
12
persons whose general average standing, upon examination, is
13
not less than the minimum fixed by the rules of the board, and
14
who are otherwise eligible. These persons shall take rank upon
15
the register as candidates in the order of their relative
16
excellence as determined by examination, without reference to
17
priority of time of examination. The board of fire and police
18
commissioners may prepare and keep a second register of
19
persons who have previously been full-time sworn officers of a
20
regular police department in any municipal, county,
21
university, or State law enforcement agency, provided they are
22
certified by the Illinois Law Enforcement Training Standards
23
Board and have been with their respective law enforcement
24
agency within the State for at least 2 years. The persons on
25
this list shall take rank upon the register as candidates in

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the order of their relative excellence as determined by
2
members of the board of fire and police commissioners.
3
Applicants who have been awarded a certificate attesting to
4
their successful completion of the Minimum Standards Basic Law
5
Enforcement Training Course, as provided in the Illinois
6
Police Training Act, may be given preference in appointment
7
over noncertified applicants. Applicants for appointment to
8
fire departments who are licensed as an EMT, EMT-I, A-EMT, or
9
paramedic under the Emergency Medical Services (EMS) Systems
10
Act, may be given preference in appointment over non-licensed
11
applicants.
12

Within 60 days after each examination, an eligibility list
13
shall be posted by the board, which shall show the final grades
14
of the candidates without reference to priority of time of
15
examination and subject to claim for military credit.
16
Candidates who are eligible for military credit shall make a
17
claim in writing within 10 days after the posting of the
18
eligibility list or such claim shall be deemed waived.
19
Appointment shall be subject to a final physical examination.
20

If a person is placed on an eligibility list and becomes
21
overage before he or she is appointed to a police or fire
22
department, the person remains eligible for appointment until
23
the list is abolished pursuant to authorized procedures.
24
Otherwise no person who has attained the age of 36 years shall
25
be inducted as a member of a police department and no person
26
who has attained the age of
37

35
years shall be inducted as a

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member of a fire department, except as otherwise provided in
2
this division. With respect to a police department, a veteran
3
shall be allowed to exceed the maximum age provision of this
4
Section by the number of years served on active military duty,
5
but by no more than 10 years of active military duty.
6
(Source: P.A. 98-973, eff. 8-15-14.)

7

Section 10.
The Fire Protection District Act is amended by
8
changing Sections 16.06 and 16.06b as follows:

9

(70 ILCS 705/16.06)

(from Ch. 127 1/2, par. 37.06)
10

Sec. 16.06.
Eligibility for positions in fire department;
11
disqualifications.
12

(a) All applicants for a position in the fire department
13
of the fire protection district shall be under
37

35
years of
14
age and shall be subjected to examination, which shall be
15
public, competitive, and free to all applicants, subject to
16
reasonable limitations as to health, habits, and moral
17
character; provided that the foregoing age limitation shall
18
not apply in the case of any person having previous employment
19
status as a fireman in a regularly constituted fire department
20
of any fire protection district, and further provided that
21
each fireman or fire chief who is a member in good standing in
22
a regularly constituted fire department of any municipality
23
which shall be or shall have subsequently been included within
24
the boundaries of any fire protection district now or

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hereafter organized shall be given a preference for original
2
appointment in the same class, grade or employment over all
3
other applicants. The examinations shall be practical in their
4
character and shall relate to those matters which will fairly
5
test the persons examined as to their relative capacity to
6
discharge the duties of the positions to which they seek
7
appointment. The examinations shall include tests of physical
8
qualifications and health. No applicant, however, shall be
9
examined concerning his political or religious opinions or
10
affiliations. The examinations shall be conducted by the board
11
of fire commissioners.
12

In any fire protection district that employs full-time
13
firefighters and is subject to a collective bargaining
14
agreement, a person who has not qualified for regular
15
appointment under the provisions of this Section shall not be
16
used as a temporary or permanent substitute for certificated
17
members of a fire district's fire department or for regular
18
appointment as a certificated member of a fire district's fire
19
department unless mutually agreed to by the employee's
20
certified bargaining agent. Such agreement shall be considered
21
a permissive subject of bargaining. Fire protection districts
22
covered by the changes made by Public Act 95-490 that are using
23
non-certificated employees as substitutes immediately prior to
24
June 1, 2008 (the effective date of Public Act 95-490) may, by
25
mutual agreement with the certified bargaining agent, continue
26
the existing practice or a modified practice and that

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agreement shall be considered a permissive subject of
2
bargaining.
3

(b) No person shall be appointed to the fire department
4
unless he or she is a person of good character and not a person
5
who has been convicted of a felony in Illinois or convicted in
6
another jurisdiction for conduct that would be a felony under
7
Illinois law, or convicted of a crime involving moral
8
turpitude. No person, however, shall be disqualified from
9
appointment to the fire department because of his or her
10
record of misdemeanor convictions, except those under Sections
11
11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
12
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
13
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
14
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
15
11-14.3, and paragraphs (1), (6), and (8) of subsection (a) of
16
Section 24-1 of the Criminal Code of 1961 or the Criminal Code
17
of 2012.
18
(Source: P.A. 102-813, eff. 5-13-22.)

19

(70 ILCS 705/16.06b)
20

Sec. 16.06b.
Original appointments; full-time fire
21
department.
22

(a) Applicability. Unless a commission elects to follow
23
the provisions of Section 16.06c, this Section shall apply to
24
all original appointments to an affected full-time fire
25
department. Existing registers of eligibles shall continue to

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be valid until their expiration dates, or up to a maximum of 2
2
years after August 4, 2011 (the effective date of Public Act
3
97-251).
4

Notwithstanding any statute, ordinance, rule, or other law
5
to the contrary, all original appointments to an affected
6
department to which this Section applies shall be administered
7
in a no less stringent manner than the manner provided for in
8
this Section. Provisions of the Illinois Municipal Code, Fire
9
Protection District Act, fire district ordinances, and rules
10
adopted pursuant to such authority and other laws relating to
11
initial hiring of firefighters in affected departments shall
12
continue to apply to the extent they are compatible with this
13
Section, but in the event of a conflict between this Section
14
and any other law, this Section shall control.
15

A fire protection district that is operating under a court
16
order or consent decree regarding original appointments to a
17
full-time fire department before August 4, 2011 (the effective
18
date of Public Act 97-251) is exempt from the requirements of
19
this Section for the duration of the court order or consent
20
decree.
21

(b) Original appointments. All original appointments made
22
to an affected fire department shall be made from a register of
23
eligibles established in accordance with the processes
24
required by this Section. Only persons who meet or exceed the
25
performance standards required by the Section shall be placed
26
on a register of eligibles for original appointment to an

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affected fire department.
2

Whenever an appointing authority authorizes action to hire
3
a person to perform the duties of a firefighter or to hire a
4
firefighter-paramedic to fill a position that is a new
5
position or vacancy due to resignation, discharge, promotion,
6
death, the granting of a disability or retirement pension, or
7
any other cause, the appointing authority shall appoint to
8
that position the person with the highest ranking on the final
9
eligibility list. If the appointing authority has reason to
10
conclude that the highest ranked person fails to meet the
11
minimum standards for the position or if the appointing
12
authority believes an alternate candidate would better serve
13
the needs of the department, then the appointing authority has
14
the right to pass over the highest ranked person and appoint
15
either: (i) any person who has a ranking in the top 5% of the
16
register of eligibles or (ii) any person who is among the top 5
17
highest ranked persons on the list of eligibles if the number
18
of people who have a ranking in the top 5% of the register of
19
eligibles is less than 5 people.
20

Any candidate may pass on an appointment once without
21
losing his or her position on the register of eligibles. Any
22
candidate who passes a second time may be removed from the list
23
by the appointing authority provided that such action shall
24
not prejudice a person's opportunities to participate in
25
future examinations, including an examination held during the
26
time a candidate is already on the fire district's register of

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eligibles.
2

The sole authority to issue certificates of appointment
3
shall be vested in the board of fire commissioners, or board of
4
trustees serving in the capacity of a board of fire
5
commissioners. All certificates of appointment issued to any
6
officer or member of an affected department shall be signed by
7
the chairperson and secretary, respectively, of the commission
8
upon appointment of such officer or member to the affected
9
department by action of the commission. After being selected
10
from the register of eligibles to fill a vacancy in the
11
affected department, each appointee shall be presented with
12
his or her certificate of appointment on the day on which he or
13
she is sworn in as a classified member of the affected
14
department. Firefighters who were not issued a certificate of
15
appointment when originally appointed shall be provided with a
16
certificate within 10 days after making a written request to
17
the chairperson of the board of fire commissioners, or board
18
of trustees serving in the capacity of a board of fire
19
commissioners. Each person who accepts a certificate of
20
appointment and successfully completes his or her probationary
21
period shall be enrolled as a firefighter and as a regular
22
member of the fire department.
23

For the purposes of this Section, "firefighter" means any
24
person who has been prior to, on, or after August 4, 2011 (the
25
effective date of Public Act 97-251) appointed to a fire
26
department or fire protection district or employed by a State

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1
university and sworn or commissioned to perform firefighter
2
duties or paramedic duties, or both, except that the following
3
persons are not included: part-time firefighters; auxiliary,
4
reserve, or voluntary firefighters, including paid-on-call
5
firefighters; clerks and dispatchers or other civilian
6
employees of a fire department or fire protection district who
7
are not routinely expected to perform firefighter duties; and
8
elected officials.
9

(c) Qualification for placement on register of eligibles.
10
The purpose of establishing a register of eligibles is to
11
identify applicants who possess and demonstrate the mental
12
aptitude and physical ability to perform the duties required
13
of members of the fire department in order to provide the
14
highest quality of service to the public. To this end, all
15
applicants for original appointment to an affected fire
16
department shall be subject to examination and testing which
17
shall be public, competitive, and open to all applicants
18
unless the district shall by ordinance limit applicants to
19
residents of the district, county or counties in which the
20
district is located, State, or nation. Any examination and
21
testing procedure utilized under subsection (e) of this
22
Section shall be supported by appropriate validation evidence
23
and shall comply with all applicable State and federal laws.
24
Districts may establish educational, emergency medical service
25
licensure, and other prerequisites for participation in an
26
examination or for hire as a firefighter. Any fire protection

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district may charge a fee to cover the costs of the application
2
process.
3

Residency requirements in effect at the time an individual
4
enters the fire service of a district cannot be made more
5
restrictive for that individual during his or her period of
6
service for that district, or be made a condition of
7
promotion, except for the rank or position of fire chief and
8
for no more than 2 positions that rank immediately below that
9
of the chief rank which are appointed positions pursuant to
10
the Fire Department Promotion Act.
11

No person who is
37

35
years of age or older shall be
12
eligible to take an examination for a position as a
13
firefighter unless the person has had previous employment
14
status as a firefighter in the regularly constituted fire
15
department of the district, except as provided in this
16
Section. The age limitation does not apply to:
17

(1) any person previously employed as a full-time
18

firefighter in a regularly constituted fire department of
19

(i) any municipality or fire protection district located
20

in Illinois, (ii) a fire protection district whose
21

obligations were assumed by a municipality under Section
22

21 of the Fire Protection District Act, or (iii) a
23

municipality whose obligations were taken over by a fire
24

protection district;
25

(2) any person who has served a fire district as a
26

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

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1

firefighter; or
2

(3) any person who turned
37

35
while serving as a
3

member of the active or reserve components of any of the
4

branches of the Armed Forces of the United States or the
5

National Guard of any state, whose service was
6

characterized as honorable or under honorable, if
7

separated from the military, and is currently under the
8

age of 40.
9

No person who is under
18

21
years of age shall be eligible
10
for employment as a firefighter.
11

No applicant shall be examined concerning his or her
12
political or religious opinions or affiliations. The
13
examinations shall be conducted by the commissioners of the
14
district or their designees and agents.
15

No district shall require that any firefighter appointed
16
to the lowest rank serve a probationary employment period of
17
longer than one year of actual active employment, which may
18
exclude periods of training, or injury or illness leaves,
19
including duty related leave, in excess of 30 calendar days.
20
Notwithstanding anything to the contrary in this Section, the
21
probationary employment period limitation may be extended for
22
a firefighter who is required, as a condition of employment,
23
to be a licensed paramedic, during which time the sole reason
24
that a firefighter may be discharged without a hearing is for
25
failing to meet the requirements for paramedic licensure.
26

In the event that any applicant who has been found

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1
eligible for appointment and whose name has been placed upon
2
the final eligibility register provided for in this Section
3
has not been appointed to a firefighter position within one
4
year after the date of his or her physical ability
5
examination, the commission may cause a second examination to
6
be made of that applicant's physical ability prior to his or
7
her appointment. If, after the second examination, the
8
physical ability of the applicant shall be found to be less
9
than the minimum standard fixed by the rules of the
10
commission, the applicant shall not be appointed. The
11
applicant's name may be retained upon the register of
12
candidates eligible for appointment and when next reached for
13
certification and appointment that applicant may be again
14
examined as provided in this Section, and if the physical
15
ability of that applicant is found to be less than the minimum
16
standard fixed by the rules of the commission, the applicant
17
shall not be appointed, and the name of the applicant shall be
18
removed from the register.
19

(d) Notice, examination, and testing components. Notice of
20
the time, place, general scope, merit criteria for any
21
subjective component, and fee of every examination shall be
22
given by the commission, by a publication at least 2 weeks
23
preceding the examination: (i) in one or more newspapers
24
published in the district, or if no newspaper is published
25
therein, then in one or more newspapers with a general
26
circulation within the district, or (ii) on the fire

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1
protection district's Internet website. Additional notice of
2
the examination may be given as the commission shall
3
prescribe.
4

The examination and qualifying standards for employment of
5
firefighters shall be based on: mental aptitude, physical
6
ability, preferences, moral character, and health. The mental
7
aptitude, physical ability, and preference components shall
8
determine an applicant's qualification for and placement on
9
the final register of eligibles. The examination may also
10
include a subjective component based on merit criteria as
11
determined by the commission. Scores from the examination must
12
be made available to the public.
13

(e) Mental aptitude. No person who does not possess at
14
least a high school diploma or an equivalent high school
15
education shall be placed on a register of eligibles.
16
Examination of an applicant's mental aptitude shall be based
17
upon a written examination. The examination shall be practical
18
in character and relate to those matters that fairly test the
19
capacity of the persons examined to discharge the duties
20
performed by members of a fire department. Written
21
examinations shall be administered in a manner that ensures
22
the security and accuracy of the scores achieved.
23

(f) Physical ability. All candidates shall be required to
24
undergo an examination of their physical ability to perform
25
the essential functions included in the duties they may be
26
called upon to perform as a member of a fire department. For

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

(1) Muscular strength to perform tasks and evolutions
12

that may be required in the performance of duties
13

including grip strength, leg strength, and arm strength.
14

Tests shall be conducted under anaerobic as well as
15

aerobic conditions to test both the candidate's speed and
16

endurance in performing tasks and evolutions. Tasks tested
17

may be based on standards developed, or approved, by the
18

local appointing authority.
19

(2) The ability to climb ladders, operate from
20

heights, walk or crawl in the dark along narrow and uneven
21

surfaces, and operate in proximity to hazardous
22

environments.
23

(3) The ability to carry out critical, time-sensitive,
24

and complex problem solving during physical exertion in
25

stressful and hazardous environments. The testing
26

environment may be hot and dark with tightly enclosed

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spaces, flashing lights, sirens, and other distractions.
2

The tests utilized to measure each applicant's
3
capabilities in each of these dimensions may be tests based on
4
industry standards currently in use or equivalent tests
5
approved by the Joint Labor-Management Committee of the Office
6
of the State Fire Marshal.
7

Physical ability examinations administered under this
8
Section shall be conducted with a reasonable number of
9
proctors and monitors, open to the public, and subject to
10
reasonable regulations of the commission.
11

(g) Scoring of examination components. Appointing
12
authorities may create a preliminary eligibility register. A
13
person shall be placed on the list based upon his or her
14
passage of the written examination or the passage of the
15
written examination and the physical ability component.
16
Passage of the written examination means attaining the minimum
17
score set by the commission. Minimum scores should be set by
18
the appointing authorities so as to demonstrate a candidate's
19
ability to perform the essential functions of the job. The
20
minimum score set by the commission shall be supported by
21
appropriate validation evidence and shall comply with all
22
applicable State and federal laws. The appointing authority
23
may conduct the physical ability component and any subjective
24
components subsequent to the posting of the preliminary
25
eligibility register.
26

The examination components for an initial eligibility

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register shall be graded on a 100-point scale. A person's
2
position on the list shall be determined by the following: (i)
3
the person's score on the written examination, (ii) the person
4
successfully passing the physical ability component, and (iii)
5
the person's results on any subjective component as described
6
in subsection (d).
7

In order to qualify for placement on the final eligibility
8
register, an applicant's score on the written examination,
9
before any applicable preference points or subjective points
10
are applied, shall be at or above the minimum score set by the
11
commission. The local appointing authority may prescribe the
12
score to qualify for placement on the final eligibility
13
register, but the score shall not be less than the minimum
14
score set by the commission.
15

The commission shall prepare and keep a register of
16
persons whose total score is not less than the minimum score
17
for passage and who have passed the physical ability
18
examination. These persons shall take rank upon the register
19
as candidates in the order of their relative excellence based
20
on the highest to the lowest total points scored on the mental
21
aptitude, subjective component, and preference components of
22
the test administered in accordance with this Section. No more
23
than 60 days after each examination, an initial eligibility
24
list shall be posted by the commission. The list shall include
25
the final grades of the candidates without reference to
26
priority of the time of examination and subject to claim for

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1
preference credit.
2

Commissions may conduct additional examinations, including
3
without limitation a polygraph test, after a final eligibility
4
register is established and before it expires with the
5
candidates ranked by total score without regard to date of
6
examination. No more than 60 days after each examination, an
7
initial eligibility list shall be posted by the commission
8
showing the final grades of the candidates without reference
9
to priority of time of examination and subject to claim for
10
preference credit.
11

(h) Preferences. The following are preferences:
12

(1) Veteran preference. Persons who were engaged in
13

the military service of the United States for a period of
14

at least one year of active duty and who were honorably
15

discharged therefrom, or who are now or have been members
16

on inactive or reserve duty in such military or naval
17

service, shall be preferred for appointment to and
18

employment with the fire department of an affected
19

department.
20

(2) Fire cadet preference. Persons who have
21

successfully completed 2 years of study in fire techniques
22

or cadet training within a cadet program established under
23

the rules of the Joint Labor and Management Committee
24

(JLMC), as defined in Section 50 of the Fire Department
25

Promotion Act, may be preferred for appointment to and
26

employment with the fire department.

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1

(3) Educational preference. Persons who have
2

successfully obtained an associate's degree in the field
3

of fire service or emergency medical services, or a
4

bachelor's degree from an accredited college or university
5

may be preferred for appointment to and employment with
6

the fire department.
7

(4) Paramedic preference. Persons who have obtained a
8

license as a paramedic may be preferred for appointment to
9

and employment with the fire department of an affected
10

department providing emergency medical services.
11

(5) Experience preference. All persons employed by a
12

district who have been paid-on-call or part-time certified
13

Firefighter II, certified Firefighter III, State of
14

Illinois or nationally licensed EMT, EMT-I, A-EMT, or
15

paramedic, or any combination of those capacities may be
16

awarded up to a maximum of 5 points. However, the
17

applicant may not be awarded more than 0.5 points for each
18

complete year of paid-on-call or part-time service.
19

Applicants from outside the district who were employed as
20

full-time firefighters or firefighter-paramedics by a fire
21

protection district or municipality for at least 2 years
22

may be awarded up to 5 experience preference points.
23

However, the applicant may not be awarded more than one
24

point for each complete year of full-time service.
25

Upon request by the commission, the governing body of
26

the district or in the case of applicants from outside the

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1

district the governing body of any other fire protection
2

district or any municipality shall certify to the
3

commission, within 10 days after the request, the number
4

of years of successful paid-on-call, part-time, or
5

full-time service of any person. A candidate may not
6

receive the full amount of preference points under this
7

subsection if the amount of points awarded would place the
8

candidate before a veteran on the eligibility list. If
9

more than one candidate receiving experience preference
10

points is prevented from receiving all of their points due
11

to not being allowed to pass a veteran, the candidates
12

shall be placed on the list below the veteran in rank order
13

based on the totals received if all points under this
14

subsection were to be awarded. Any remaining ties on the
15

list shall be determined by lot.
16

(6) Residency preference. Applicants whose principal
17

residence is located within the fire department's
18

jurisdiction may be preferred for appointment to and
19

employment with the fire department.
20

(7) Additional preferences. Up to 5 additional
21

preference points may be awarded for unique categories
22

based on an applicant's experience or background as
23

identified by the commission.
24

(7.5) Apprentice preferences. A person who has
25

performed fire suppression service for a department as a
26

firefighter apprentice and otherwise meets the

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qualifications for original appointment as a firefighter
2

specified in this Section is eligible to be awarded up to
3

20 preference points. To qualify for preference points, an
4

applicant shall have completed a minimum of 600 hours of
5

fire suppression work on a regular shift for the affected
6

fire department over a 12-month period. The fire
7

suppression work must be in accordance with Section 16.06
8

of this Act and the terms established by a Joint
9

Apprenticeship Committee included in a collective
10

bargaining agreement agreed between the employer and its
11

certified bargaining agent. An eligible applicant must
12

apply to the Joint Apprenticeship Committee for preference
13

points under this item. The Joint Apprenticeship Committee
14

shall evaluate the merit of the applicant's performance,
15

determine the preference points to be awarded, and certify
16

the amount of points awarded to the commissioners. The
17

commissioners may add the certified preference points to
18

the final grades achieved by the applicant on the other
19

components of the examination.
20

(8) Scoring of preferences. The commission shall give
21

preference for original appointment to persons designated
22

in item (1) by adding to the final grade that they receive
23

5 points for the recognized preference achieved. The
24

commission may give preference for original appointment to
25

persons designated in item (7.5) by adding to the final
26

grade the amount of points designated by the Joint

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1

Apprenticeship Committee as defined in item (7.5). The
2

commission shall determine the number of preference points
3

for each category, except (1) and (7.5). The number of
4

preference points for each category shall range from 0 to
5

5, except item (7.5). In determining the number of
6

preference points, the commission shall prescribe that if
7

a candidate earns the maximum number of preference points
8

in all categories except item (7.5), that number may not
9

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

preference for original appointment to persons designated
11

in items (2) through (7) by adding the requisite number of
12

points to the final grade for each recognized preference
13

achieved. The numerical result thus attained shall be
14

applied by the commission in determining the final
15

eligibility list and appointment from the eligibility
16

list. The local appointing authority may prescribe the
17

total number of preference points awarded under this
18

Section, but the total number of preference points, except
19

item (7.5), shall not be less than 10 points or more than
20

30 points. Apprentice preference points may be added in
21

addition to other preference points awarded by the
22

commission.
23

No person entitled to any preference shall be required to
24
claim the credit before any examination held under the
25
provisions of this Section, but the preference shall be given
26
after the posting or publication of the initial eligibility

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1
list or register at the request of a person entitled to a
2
credit before any certification or appointments are made from
3
the eligibility register, upon the furnishing of verifiable
4
evidence and proof of qualifying preference credit. Candidates
5
who are eligible for preference credit shall make a claim in
6
writing within 10 days after the posting of the initial
7
eligibility list, or the claim shall be deemed waived. Final
8
eligibility registers shall be established after the awarding
9
of verified preference points. However, apprentice preference
10
credit earned subsequent to the establishment of the final
11
eligibility register may be applied to the applicant's score
12
upon certification by the Joint Apprenticeship Committee to
13
the commission and the rank order of candidates on the final
14
eligibility register shall be adjusted accordingly. All
15
employment shall be subject to the commission's initial hire
16
background review, including, but not limited to, criminal
17
history, employment history, moral character, oral
18
examination, and medical and psychological examinations, all
19
on a pass-fail basis. The medical and psychological
20
examinations must be conducted last, and may only be performed
21
after a conditional offer of employment has been extended.
22

Any person placed on an eligibility list who exceeds the
23
age requirement before being appointed to a fire department
24
shall remain eligible for appointment until the list is
25
abolished, or his or her name has been on the list for a period
26
of 2 years. No person who has attained the age of
37

35
years

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1
shall be inducted into a fire department, except as otherwise
2
provided in this Section.
3

The commission shall strike off the names of candidates
4
for original appointment after the names have been on the list
5
for more than 2 years.
6

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

A classifiable set of the fingerprints of every person who
23
is offered employment as a certificated member of an affected
24
fire department whether with or without compensation, shall be
25
furnished to the Illinois State Police and to the Federal
26
Bureau of Investigation by the commission.

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1

Whenever a commission is authorized or required by law to
2
consider some aspect of criminal history record information
3
for the purpose of carrying out its statutory powers and
4
responsibilities, then, upon request and payment of fees in
5
conformance with the requirements of Section 2605-400 of the
6
Illinois State Police Law of the Civil Administrative Code of
7
Illinois, the Illinois State Police is authorized to furnish,
8
pursuant to positive identification, the information contained
9
in State files as is necessary to fulfill the request.
10

(j) Temporary appointments. In order to prevent a stoppage
11
of public business, to meet extraordinary exigencies, or to
12
prevent material impairment of the fire department, the
13
commission may make temporary appointments, to remain in force
14
only until regular appointments are made under the provisions
15
of this Section, but never to exceed 60 days. No temporary
16
appointment of any one person shall be made more than twice in
17
any calendar year.
18

(k) A person who knowingly divulges or receives test
19
questions or answers before a written examination, or
20
otherwise knowingly violates or subverts any requirement of
21
this Section, commits a violation of this Section and may be
22
subject to charges for official misconduct.
23

A person who is the knowing recipient of test information
24
in advance of the examination shall be disqualified from the
25
examination or discharged from the position to which he or she
26
was appointed, as applicable, and otherwise subjected to

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disciplinary actions.
2
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
3
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
4
5-13-22.)

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