Bill Text: IL HB0809 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Illinois Municipal Code and the Fire Protection District Act. In Sections relating to establishing a program for placing persons eligible for placement on a master register of candidates for full-time firefighter placement, provides that nothing in the listed Sections requires the Joint Labor and Management Committee to establish, or operate a community outreach program or master register of eligibles or to contract with a testing agency to establish or operate such program or register, unless the Committee chooses to do so.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0188 [HB0809 Detail]

Download: Illinois-2021-HB0809-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0809 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
65 ILCS 5/10-1-7.2
65 ILCS 5/10-2.1-6.4
70 ILCS 705/16.06c
Amends the Illinois Municipal Code and the Fire Protection District Act. In Sections relating to establishing a program for placing persons eligible for placement on a master register of candidates for full-time firefighter placement, provides that nothing in the listed Sections requires the Joint Labor and Management Committee to establish, or operate a community outreach program or master register of eligibles or to contract with a testing agency to establish or operate such program or register, unless the Committee chooses to do so.
LRB102 10592 AWJ 15921 b
A BILL FOR
HB0809 LRB102 10592 AWJ 15921 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 10-1-7.2 and 10-2.1-6.4 as follows:
(65 ILCS 5/10-1-7.2)
Sec. 10-1-7.2. Alternative procedure; original
appointment; full-time firefighter.
(a) Authority. The Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may establish a community outreach program to
market the profession of firefighter and firefighter-paramedic
so as to ensure the pool of applicants recruited is of broad
diversity and the highest quality. Nothing in this Section
requires that the Joint Labor and Management Committee
establish or operate the community outreach program or master
register of eligibles, or to contract with a testing agency to
establish or operate such program or register, unless the
Joint Labor and Management Committee chooses to do so.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of this amendatory Act of the 97th General Assembly appointed
to a fire department or fire protection district or employed

HB0809 - 2 - LRB102 10592 AWJ 15921 b
by a State university and sworn or commissioned to perform
firefighter duties or paramedic duties, or both, except that
the following persons are not included: part-time
firefighters; auxiliary, reserve, or voluntary firefighters,
including paid-on-call firefighters; clerks and dispatchers or
other civilian employees of a fire department or fire
protection district who are not routinely expected to perform
firefighter duties; and elected officials.
(b) Eligibility. Persons eligible for placement on the
master register of eligibles shall consist of the following:
Persons who have participated in and received a
passing total score on the mental aptitude, physical
ability, and preference components of a regionally
administered test based on the standards described in this
Section. The standards for administering these tests and
the minimum passing score required for placement on this
list shall be as is set forth in this Section.
Qualified candidates shall be listed on the master
register of eligibles in highest to lowest rank order
based upon their test scores without regard to their date
of examination. Candidates listed on the master register
of eligibles shall be eligible for appointment for 2 years
after the date of the certification of their final score
on the register without regard to the date of their
examination. After 2 years, the candidate's name shall be
struck from the list.

HB0809 - 3 - LRB102 10592 AWJ 15921 b
Any person currently employed as a full-time member of
a fire department or any person who has experienced a
non-voluntary (and non-disciplinary) separation from the
active workforce due to a reduction in the number of
departmental officers, who was appointed pursuant to this
Division, Division 2.1 of Article 10 of the Illinois
Municipal Code, or the Fire Protection District Act, and
who during the previous 24 months participated in and
received a passing score on the physical ability and
mental aptitude components of the test may request that
his or her name be added to the master register. Any
eligible person may be offered employment by a local
commission under the same procedures as provided by this
Section except that the apprenticeship period may be
waived and the applicant may be immediately issued a
certificate of original appointment by the local
commission.
(c) Qualifications for placement on register of eligibles.
The purpose for establishing a master register of eligibles
shall be to identify applicants who possess and demonstrate
the mental aptitude and physical ability to perform the duties
required of members of the fire department in order to provide
the highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department through examination conducted by the Joint Labor
and Management Committee (JLMC) shall be subject to

HB0809 - 4 - LRB102 10592 AWJ 15921 b
examination and testing which shall be public, competitive,
and open to all applicants. Any examination and testing
procedure utilized under subsection (e) of this Section shall
be supported by appropriate validation evidence and shall
comply with all applicable state and federal laws. Any
subjective component of the testing must be administered by
certified assessors. All qualifying and disqualifying factors
applicable to examination processes for local commissions in
this amendatory Act of the 97th General Assembly shall be
applicable to persons participating in Joint Labor and
Management Committee examinations unless specifically provided
otherwise in this Section.
Notice of the time, place, general scope, and fee of every
JLMC examination shall be given by the JLMC or designated
testing agency, as applicable, by publication at least 30 days
preceding the examination, in one or more newspapers published
in the region, or if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
region. The JLMC may publish the notice on the JLMC's Internet
website. Additional notice of the examination may be given as
the JLMC shall prescribe.
(d) Examination and testing components for placement on
register of eligibles. The examination and qualifying
standards for placement on the master register of eligibles
and employment shall be based on the following components:
mental aptitude, physical ability, preferences, moral

HB0809 - 5 - LRB102 10592 AWJ 15921 b
character, and health. The mental aptitude, physical ability,
and preference components shall determine an applicant's
qualification for and placement on the master register of
eligibles. The consideration of an applicant's general moral
character and health shall be administered on a pass-fail
basis after a conditional offer of employment is made by a
local commission.
(e) Mental aptitude. Examination of an applicant's mental
aptitude shall be based upon written examination and an
applicant's prior experience demonstrating an aptitude for and
commitment to service as a member of a fire department.
Written examinations shall be practical in character and
relate to those matters that fairly test the capacity of the
persons examined to discharge the duties performed by members
of a fire department. Written examinations shall be
administered in a manner that ensures the security and
accuracy of the scores achieved. Any subjective component of
the testing must be administered by certified assessors. No
person who does not possess a high school diploma or an
equivalent high school education shall be placed on a register
of eligibles. Local commissions may establish educational,
emergency medical service licensure, and other pre-requisites
for hire within their jurisdiction.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform
the essential functions included in the duties they may be

HB0809 - 6 - LRB102 10592 AWJ 15921 b
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in each of the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties
including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and
endurance in performing tasks and evolutions. Tasks tested
are to be based on industry standards developed by the
JLMC by rule.
(2) The ability to climb ladders, operate from
heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing

HB0809 - 7 - LRB102 10592 AWJ 15921 b
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
(g) Scoring of examination components. The examination
components shall be graded on a 100-point scale. A person's
position on the master register of eligibles shall be
determined by the person's score on the written examination,
the person successfully passing the physical ability
component, and the addition of any applicable preference
points.
Applicants who have achieved at least the minimum score on
the written examination, as set by the JLMC, and who
successfully pass the physical ability examination shall be
placed on the initial eligibility register. Minimum scores
should be set by the JLMC so as to demonstrate a candidate's
ability to perform the essential functions of the job. The
minimum score set by the JLMC shall be supported by
appropriate validation evidence and shall comply with all
applicable State and federal laws. Applicable preference
points shall be added to the written examination scores for
all applicants who qualify for the initial eligibility
register. Applicants who score at or above the minimum passing

HB0809 - 8 - LRB102 10592 AWJ 15921 b
score as set by the JLMC, including any applicable preference
points, shall be placed on the master register of eligibles by
the JLMC.
These persons shall take rank upon the register as
candidates in the order of their relative excellence based on
the highest to the lowest total points scored on the mental
aptitude and physical ability components, plus any applicable
preference points requested and verified by the JLMC, or
approved testing agency.
No more than 60 days after each examination, a revised
master register of eligibles shall be posted by the JLMC
showing the final grades of the candidates without reference
to priority of time of examination.
(h) Preferences. The board shall give military, education,
and experience preference points to those who qualify for
placement on the master register of eligibles, on the same
basis as provided for examinations administered by a local
commission.
No person entitled to preference or credit shall be
required to claim the credit before any examination held under
the provisions of this Section. The preference shall be given
after the posting or publication of the applicant's initial
score at the request of the person before finalizing the
scores from all applicants taking part in a JLMC examination.
Candidates who are eligible for preference credit shall make a
claim in writing within 10 days after the posting of the

HB0809 - 9 - LRB102 10592 AWJ 15921 b
initial scores from any JLMC test or the claim shall be deemed
waived. Once preference points are awarded, the candidates
shall be certified to the master register in accordance with
their final score including preference points.
(i) Firefighter apprentice and firefighter-paramedic
apprentice. The employment of an applicant to an apprentice
position (including a currently employed full-time member of a
fire department whose apprenticeship may be reduced or waived)
shall be subject to the applicant passing the moral character
standards and health examinations of the local commission. In
addition, a local commission may require as a condition of
employment that the applicant demonstrate current physical
ability by either passing the local commission's approved
physical ability examination, or by presenting proof of
participating in and receiving a passing score on the physical
ability component of a JLMC test within a period of up to 12
months before the date of the conditional offer of employment.
Applicants shall be subject to the local commission's initial
hire background review including criminal history, employment
history, moral character, oral examination, and medical
examinations which may include polygraph, psychological, and
drug screening components, all on a pass-fail basis. The
medical examinations must be conducted last, and may only be
performed after a conditional offer of employment has been
extended.
(j) Selection from list. Any municipality or fire

HB0809 - 10 - LRB102 10592 AWJ 15921 b
protection district that is a party to an intergovernmental
agreement under the terms of which persons have been tested
for placement on the master register of eligibles shall be
entitled to offer employment to any person on the list
irrespective of their ranking on the list. The offer of
employment shall be to the position of firefighter apprentice
or firefighter-paramedic apprentice.
Applicants passing these tests may be employed as a
firefighter apprentice or a firefighter-paramedic apprentice
who shall serve an apprenticeship period of 12 months or less
according to the terms and conditions of employment as the
employing municipality or district offers, or as provided for
under the terms of any collective bargaining agreement then in
effect. The apprenticeship period is separate from the
probationary period.
Service during the apprenticeship period shall be on a
probationary basis. During the apprenticeship period, the
apprentice's training and performance shall be monitored and
evaluated by a Joint Apprenticeship Committee.
The Joint Apprenticeship Committee shall consist of 4
members who shall be regular members of the fire department
with at least 10 years of full-time work experience as a
firefighter or firefighter-paramedic. The fire chief and the
president of the exclusive bargaining representative
recognized by the employer shall each appoint 2 members to the
Joint Apprenticeship Committee. In the absence of an exclusive

HB0809 - 11 - LRB102 10592 AWJ 15921 b
collective bargaining representative, the chief shall appoint
the remaining 2 members who shall be from the ranks of company
officer and firefighter with at least 10 years of work
experience as a firefighter or firefighter-paramedic. In the
absence of a sufficient number of qualified firefighters, the
Joint Apprenticeship Committee members shall have the amount
of experience and the type of qualifications as is reasonable
given the circumstances of the fire department. In the absence
of a full-time member in a rank between chief and the highest
rank in a bargaining unit, the Joint Apprenticeship Committee
shall be reduced to 2 members, one to be appointed by the chief
and one by the union president, if any. If there is no
exclusive bargaining representative, the chief shall appoint
the second member of the Joint Apprenticeship Committee from
among qualified members in the ranks of company officer and
below. Before the conclusion of the apprenticeship period, the
Joint Apprenticeship Committee shall meet to consider the
apprentice's progress and performance and vote to retain the
apprentice as a member of the fire department or to terminate
the apprenticeship. If 3 of the 4 members of the Joint
Apprenticeship Committee affirmatively vote to retain the
apprentice (if a 2 member Joint Apprenticeship Committee
exists, then both members must affirmatively vote to retain
the apprentice), the local commission shall issue the
apprentice a certificate of original appointment to the fire
department.

HB0809 - 12 - LRB102 10592 AWJ 15921 b
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or
otherwise knowingly violates or subverts any requirement of
this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(l) Applicability. This Section does not apply to a
municipality with more than 1,000,000 inhabitants.
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
98-760, eff. 7-16-14.)
(65 ILCS 5/10-2.1-6.4)
Sec. 10-2.1-6.4. Alternative procedure; original
appointment; full-time firefighter.
(a) Authority. The Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may establish a community outreach program to
market the profession of firefighter and firefighter-paramedic
so as to ensure the pool of applicants recruited is of broad
diversity and the highest quality. Nothing in this Section
requires that the Joint Labor and Management Committee
establish or operate the community outreach program or master

HB0809 - 13 - LRB102 10592 AWJ 15921 b
register of eligibles, or to contract with a testing agency to
establish or operate such program or register, unless the
Joint Labor and Management Committee chooses to do so.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of this amendatory Act of the 97th General Assembly appointed
to a fire department or fire protection district or employed
by a State university and sworn or commissioned to perform
firefighter duties or paramedic duties, or both, except that
the following persons are not included: part-time
firefighters; auxiliary, reserve, or voluntary firefighters,
including paid-on-call firefighters; clerks and dispatchers or
other civilian employees of a fire department or fire
protection district who are not routinely expected to perform
firefighter duties; and elected officials.
(b) Eligibility. Persons eligible for placement on the
master register of eligibles shall consist of the following:
Persons who have participated in and received a
passing total score on the mental aptitude, physical
ability, and preference components of a regionally
administered test based on the standards described in this
Section. The standards for administering these tests and
the minimum passing score required for placement on this
list shall be as is set forth in this Section.
Qualified candidates shall be listed on the master
register of eligibles in highest to lowest rank order

HB0809 - 14 - LRB102 10592 AWJ 15921 b
based upon their test scores without regard to their date
of examination. Candidates listed on the master register
of eligibles shall be eligible for appointment for 2 years
after the date of the certification of their final score
on the register without regard to the date of their
examination. After 2 years, the candidate's name shall be
struck from the list.
Any person currently employed as a full-time member of
a fire department or any person who has experienced a
non-voluntary (and non-disciplinary) separation from the
active workforce due to a reduction in the number of
departmental officers, who was appointed pursuant to
Division 1 of Article 10 of the Illinois Municipal Code,
Division 2.1 of Article 10 of the Illinois Municipal Code,
or the Fire Protection District Act, and who during the
previous 24 months participated in and received a passing
score on the physical ability and mental aptitude
components of the test may request that his or her name be
added to the master register. Any eligible person may be
offered employment by a local commission under the same
procedures as provided by this Section except that the
apprenticeship period may be waived and the applicant may
be immediately issued a certificate of original
appointment by the local commission.
(c) Qualifications for placement on register of eligibles.
The purpose for establishing a master register of eligibles

HB0809 - 15 - LRB102 10592 AWJ 15921 b
shall be to identify applicants who possess and demonstrate
the mental aptitude and physical ability to perform the duties
required of members of the fire department in order to provide
the highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department through examination conducted by the Joint Labor
and Management Committee (JLMC) shall be subject to
examination and testing which shall be public, competitive,
and open to all applicants. Any examination and testing
procedure utilized under subsection (e) of this Section shall
be supported by appropriate validation evidence and shall
comply with all applicable state and federal laws. Any
subjective component of the testing must be administered by
certified assessors. All qualifying and disqualifying factors
applicable to examination processes for local commissions in
this amendatory Act of the 97th General Assembly shall be
applicable to persons participating in Joint Labor and
Management Committee examinations unless specifically provided
otherwise in this Section.
Notice of the time, place, general scope, and fee of every
JLMC examination shall be given by the JLMC or designated
testing agency, as applicable, by a publication at least 30
days preceding the examination, in one or more newspapers
published in the region, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the region. The JLMC may publish the notice

HB0809 - 16 - LRB102 10592 AWJ 15921 b
on the JLMC's Internet website. Additional notice of the
examination may be given as the JLMC shall prescribe.
(d) Examination and testing components for placement on
register of eligibles. The examination and qualifying
standards for placement on the master register of eligibles
and employment shall be based on the following components:
mental aptitude, physical ability, preferences, moral
character, and health. The mental aptitude, physical ability,
and preference components shall determine an applicant's
qualification for and placement on the master register of
eligibles. The consideration of an applicant's general moral
character and health shall be administered on a pass-fail
basis after a conditional offer of employment is made by a
local commission.
(e) Mental aptitude. Examination of an applicant's mental
aptitude shall be based upon written examination and an
applicant's prior experience demonstrating an aptitude for and
commitment to service as a member of a fire department.
Written examinations shall be practical in character and
relate to those matters that fairly test the capacity of the
persons examined to discharge the duties performed by members
of a fire department. Written examinations shall be
administered in a manner that ensures the security and
accuracy of the scores achieved. Any subjective component of
the testing must be administered by certified assessors. No
person who does not possess a high school diploma or an

HB0809 - 17 - LRB102 10592 AWJ 15921 b
equivalent high school education shall be placed on a register
of eligibles. Local commissions may establish educational,
emergency medical service licensure, and other pre-requisites
for hire within their jurisdiction.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform
the essential functions included in the duties they may be
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in each of the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties
including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and
endurance in performing tasks and evolutions. Tasks tested
are to be based on industry standards developed by the
JLMC by rule.

HB0809 - 18 - LRB102 10592 AWJ 15921 b
(2) The ability to climb ladders, operate from
heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
(g) Scoring of examination components. The examination
components shall be graded on a 100-point scale. A person's
position on the master register of eligibles shall be
determined by the person's score on the written examination,
the person successfully passing the physical ability
component, and the addition of any applicable preference
points.
Applicants who have achieved at least the minimum score as
set by the JLMC, and who successfully pass the physical
ability examination shall be placed on the initial eligibility
register. Minimum scores should be set by the commission so as
to demonstrate a candidate's ability to perform the essential

HB0809 - 19 - LRB102 10592 AWJ 15921 b
functions of the job. The minimum score set by the commission
shall be supported by appropriate validation evidence and
shall comply with all applicable State and federal laws.
Applicable preference points shall be added to the written
examination scores for all applicants who qualify for the
initial eligibility register. Applicants who score at or above
the minimum passing score as set by the JLMC, including any
applicable preference points, shall be placed on the master
register of eligibles by the JLMC.
These persons shall take rank upon the register as
candidates in the order of their relative excellence based on
the highest to the lowest total points scored on the mental
aptitude and physical ability components, plus any applicable
preference points requested and verified by the JLMC, or
approved testing agency.
No more than 60 days after each examination, a revised
master register of eligibles shall be posted by the JLMC
showing the final grades of the candidates without reference
to priority of time of examination.
(h) Preferences. The board shall give military, education,
and experience preference points to those who qualify for
placement on the master register of eligibles, on the same
basis as provided for examinations administered by a local
commission.
No person entitled to preference or credit shall be
required to claim the credit before any examination held under

HB0809 - 20 - LRB102 10592 AWJ 15921 b
the provisions of this Section. The preference shall be given
after the posting or publication of the applicant's initial
score at the request of the person before finalizing the
scores from all applicants taking part in a JLMC examination.
Candidates who are eligible for preference credit shall make a
claim in writing within 10 days after the posting of the
initial scores from any JLMC test or the claim shall be deemed
waived. Once preference points are awarded, the candidates
shall be certified to the master register in accordance with
their final score including preference points.
(i) Firefighter apprentice and firefighter-paramedic
apprentice. The employment of an applicant to an apprentice
position (including a currently employed full-time member of a
fire department whose apprenticeship may be reduced or waived)
shall be subject to the applicant passing the moral character
standards and health examinations of the local commission. In
addition, a local commission may require as a condition of
employment that the applicant demonstrate current physical
ability by either passing the local commission's approved
physical ability examination, or by presenting proof of
participating in and receiving a passing score on the physical
ability component of a JLMC test within a period of up to 12
months before the date of the conditional offer of employment.
Applicants shall be subject to the local commission's initial
hire background review including criminal history, employment
history, moral character, oral examination, and medical

HB0809 - 21 - LRB102 10592 AWJ 15921 b
examinations which may include polygraph, psychological, and
drug screening components, all on a pass-fail basis. The
medical examinations must be conducted last, and may only be
performed after a conditional offer of employment has been
extended.
(j) Selection from list. Any municipality or fire
protection district that is a party to an intergovernmental
agreement under the terms of which persons have been tested
for placement on the master register of eligibles shall be
entitled to offer employment to any person on the list
irrespective of their ranking on the list. The offer of
employment shall be to the position of firefighter apprentice
or firefighter-paramedic apprentice.
Applicants passing these tests may be employed as a
firefighter apprentice or a firefighter-paramedic apprentice
who shall serve an apprenticeship period of 12 months or less
according to the terms and conditions of employment as the
employing municipality or district offers, or as provided for
under the terms of any collective bargaining agreement then in
effect. The apprenticeship period is separate from the
probationary period.
Service during the apprenticeship period shall be on a
probationary basis. During the apprenticeship period, the
apprentice's training and performance shall be monitored and
evaluated by a Joint Apprenticeship Committee.
The Joint Apprenticeship Committee shall consist of 4

HB0809 - 22 - LRB102 10592 AWJ 15921 b
members who shall be regular members of the fire department
with at least 10 years of full-time work experience as a
firefighter or firefighter-paramedic. The fire chief and the
president of the exclusive bargaining representative
recognized by the employer shall each appoint 2 members to the
Joint Apprenticeship Committee. In the absence of an exclusive
collective bargaining representative, the chief shall appoint
the remaining 2 members who shall be from the ranks of company
officer and firefighter with at least 10 years of work
experience as a firefighter or firefighter-paramedic. In the
absence of a sufficient number of qualified firefighters, the
Joint Apprenticeship Committee members shall have the amount
of experience and the type of qualifications as is reasonable
given the circumstances of the fire department. In the absence
of a full-time member in a rank between chief and the highest
rank in a bargaining unit, the Joint Apprenticeship Committee
shall be reduced to 2 members, one to be appointed by the chief
and one by the union president, if any. If there is no
exclusive bargaining representative, the chief shall appoint
the second member of the Joint Apprenticeship Committee from
among qualified members in the ranks of company officer and
below. Before the conclusion of the apprenticeship period, the
Joint Apprenticeship Committee shall meet to consider the
apprentice's progress and performance and vote to retain the
apprentice as a member of the fire department or to terminate
the apprenticeship. If 3 of the 4 members of the Joint

HB0809 - 23 - LRB102 10592 AWJ 15921 b
Apprenticeship Committee affirmatively vote to retain the
apprentice (if a 2 member Joint Apprenticeship Committee
exists, then both members must affirmatively vote to retain
the apprentice), the local commission shall issue the
apprentice a certificate of original appointment to the fire
department.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or
otherwise knowingly violates or subverts any requirement of
this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(l) Applicability. This Section does not apply to a
municipality with more than 1,000,000 inhabitants.
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
98-760, eff. 7-16-14.)
Section 10. The Fire Protection District Act is amended by
changing Section 16.06c as follows:
(70 ILCS 705/16.06c)
Sec. 16.06c. Alternative procedure; original appointment;

HB0809 - 24 - LRB102 10592 AWJ 15921 b
full-time firefighter.
(a) Authority. The Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may establish a community outreach program to
market the profession of firefighter and firefighter-paramedic
so as to ensure the pool of applicants recruited is of broad
diversity and the highest quality. Nothing in this Section
requires that the Joint Labor and Management Committee
establish or operate the community outreach program or master
register of eligibles, or to contract with a testing agency to
establish or operate such program or register, unless the
Joint Labor and Management Committee chooses to do so.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of this amendatory Act of the 97th General Assembly appointed
to a fire department or fire protection district or employed
by a State university and sworn or commissioned to perform
firefighter duties or paramedic duties, or both, except that
the following persons are not included: part-time
firefighters; auxiliary, reserve, or voluntary firefighters,
including paid-on-call firefighters; clerks and dispatchers or
other civilian employees of a fire department or fire
protection district who are not routinely expected to perform
firefighter duties; and elected officials.
(b) Eligibility. Persons eligible for placement on the
master register of eligibles shall consist of the following:

HB0809 - 25 - LRB102 10592 AWJ 15921 b
Persons who have participated in and received a
passing total score on the mental aptitude, physical
ability, and preference components of a regionally
administered test based on the standards described in this
Section. The standards for administering these tests and
the minimum passing score required for placement on this
list shall be as is set forth in this Section.
Qualified candidates shall be listed on the master
register of eligibles in highest to lowest rank order
based upon their test scores without regard to their date
of examination. Candidates listed on the master register
of eligibles shall be eligible for appointment for 2 years
after the date of the certification of their final score
on the register without regard to the date of their
examination. After 2 years, the candidate's name shall be
struck from the list.
Any person currently employed as a full-time member of
a fire department or any person who has experienced a
non-voluntary (and non-disciplinary) separation from the
active workforce due to a reduction in the number of
departmental officers, who was appointed pursuant to
Division 1 of Article 10 of the Illinois Municipal Code,
Division 2.1 of Article 10 of the Illinois Municipal Code,
or the Fire Protection District Act, and who during the
previous 24 months participated in and received a passing
score on the physical ability and mental aptitude

HB0809 - 26 - LRB102 10592 AWJ 15921 b
components of the test may request that his or her name be
added to the master register. Any eligible person may be
offered employment by a local commission under the same
procedures as provided by this Section except that the
apprenticeship period may be waived and the applicant may
be immediately issued a certificate of original
appointment by the local commission.
(c) Qualifications for placement on register of eligibles.
The purpose for establishing a master register of eligibles
shall be to identify applicants who possess and demonstrate
the mental aptitude and physical ability to perform the duties
required of members of the fire department in order to provide
the highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department through examination conducted by the Joint Labor
and Management Committee (JLMC) shall be subject to
examination and testing which shall be public, competitive,
and open to all applicants. Any examination and testing
procedure utilized under subsection (e) of this Section shall
be supported by appropriate validation evidence and shall
comply with all applicable state and federal laws. Any
subjective component of the testing must be administered by
certified assessors. All qualifying and disqualifying factors
applicable to examination processes for local commissions in
this amendatory Act of the 97th General Assembly shall be
applicable to persons participating in Joint Labor and

HB0809 - 27 - LRB102 10592 AWJ 15921 b
Management Committee examinations unless specifically provided
otherwise in this Section.
Notice of the time, place, general scope, and fee of every
JLMC examination shall be given by the JLMC or designated
testing agency, as applicable, by a publication at least 30
days preceding the examination, in one or more newspapers
published in the region, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the region. The JLMC may publish the notice
on the JLMC's Internet website. Additional notice of the
examination may be given as the JLMC shall prescribe.
(d) Examination and testing components for placement on
register of eligibles. The examination and qualifying
standards for placement on the master register of eligibles
and employment shall be based on the following components:
mental aptitude, physical ability, preferences, moral
character, and health. The mental aptitude, physical ability,
and preference components shall determine an applicant's
qualification for and placement on the master register of
eligibles. The consideration of an applicant's general moral
character and health shall be administered on a pass-fail
basis after a conditional offer of employment is made by a
local commission.
(e) Mental aptitude. Examination of an applicant's mental
aptitude shall be based upon written examination and an
applicant's prior experience demonstrating an aptitude for and

HB0809 - 28 - LRB102 10592 AWJ 15921 b
commitment to service as a member of a fire department.
Written examinations shall be practical in character and
relate to those matters that fairly test the capacity of the
persons examined to discharge the duties performed by members
of a fire department. Written examinations shall be
administered in a manner that ensures the security and
accuracy of the scores achieved. Any subjective component of
the testing must be administered by certified assessors. No
person who does not possess a high school diploma or an
equivalent high school education shall be placed on a register
of eligibles. Local commissions may establish educational,
emergency medical service licensure, and other pre-requisites
for hire within their jurisdiction.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform
the essential functions included in the duties they may be
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in each of the following

HB0809 - 29 - LRB102 10592 AWJ 15921 b
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties
including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and
endurance in performing tasks and evolutions. Tasks tested
are to be based on industry standards developed by the
JLMC by rule.
(2) The ability to climb ladders, operate from
heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
(g) Scoring of examination components. The examination
components shall be graded on a 100-point scale. A person's
position on the master register of eligibles shall be

HB0809 - 30 - LRB102 10592 AWJ 15921 b
determined by the person's score on the written examination,
the person successfully passing the physical ability
component, and the addition of any applicable preference
points.
Applicants who have achieved at least the minimum score as
set by the JLMC on the written examination, and who
successfully pass the physical ability examination shall be
placed on the initial eligibility register. Minimum scores
should be set by the JLMC so as to demonstrate a candidate's
ability to perform the essential functions of the job. The
minimum score set by the JLMC shall be supported by
appropriate validation evidence and shall comply with all
applicable state and federal laws. Applicable preference
points shall be added to the written examination scores for
all applicants who qualify for the initial eligibility
register. Applicants who score at or above the minimum passing
score as set by the JLMC, including any applicable preference
points, shall be placed on the master register of eligibles by
the JLMC.
These persons shall take rank upon the register as
candidates in the order of their relative excellence based on
the highest to the lowest total points scored on the mental
aptitude and physical ability components, plus any applicable
preference points requested and verified by the JLMC, or
approved testing agency.
No more than 60 days after each examination, a revised

HB0809 - 31 - LRB102 10592 AWJ 15921 b
master register of eligibles shall be posted by the JLMC
showing the final grades of the candidates without reference
to priority of time of examination.
(h) Preferences. The board shall give military, education,
and experience preference points to those who qualify for
placement on the master register of eligibles, on the same
basis as provided for examinations administered by a local
commission.
No person entitled to preference or credit shall be
required to claim the credit before any examination held under
the provisions of this Section. The preference shall be given
after the posting or publication of the applicant's initial
score at the request of the person before finalizing the
scores from all applicants taking part in a JLMC examination.
Candidates who are eligible for preference credit shall make a
claim in writing within 10 days after the posting of the
initial scores from any JLMC test or the claim shall be deemed
waived. Once preference points are awarded, the candidates
shall be certified to the master register in accordance with
their final score including preference points.
(i) Firefighter apprentice and firefighter-paramedic
apprentice. The employment of an applicant to an apprentice
position (including a currently employed full-time member of a
fire department whose apprenticeship may be reduced or waived)
shall be subject to the applicant passing the moral character
standards and health examinations of the local commission. In

HB0809 - 32 - LRB102 10592 AWJ 15921 b
addition, a local commission may require as a condition of
employment that the applicant demonstrate current physical
ability by either passing the local commission's approved
physical ability examination, or by presenting proof of
participating in and receiving a passing score on the physical
ability component of a JLMC test within a period of up to 12
months before the date of the conditional offer of employment.
Applicants shall be subject to the local commission's initial
hire background review including criminal history, employment
history, moral character, oral examination, and medical
examinations which may include polygraph, psychological, and
drug screening components, all on a pass-fail basis. The
medical examinations must be conducted last, and may only be
performed after a conditional offer of employment has been
extended.
(j) Selection from list. Any municipality or fire
protection district that is a party to an intergovernmental
agreement under the terms of which persons have been tested
for placement on the master register of eligibles shall be
entitled to offer employment to any person on the list
irrespective of their ranking on the list. The offer of
employment shall be to the position of firefighter apprentice
or firefighter-paramedic apprentice.
Applicants passing these tests may be employed as a
firefighter apprentice or a firefighter-paramedic apprentice
who shall serve an apprenticeship period of 12 months or less

HB0809 - 33 - LRB102 10592 AWJ 15921 b
according to the terms and conditions of employment as the
employing municipality or district offers, or as provided for
under the terms of any collective bargaining agreement then in
effect. The apprenticeship period is separate from the
probationary period.
Service during the apprenticeship period shall be on a
probationary basis. During the apprenticeship period, the
apprentice's training and performance shall be monitored and
evaluated by a Joint Apprenticeship Committee.
The Joint Apprenticeship Committee shall consist of 4
members who shall be regular members of the fire department
with at least 10 years of full-time work experience as a
firefighter or firefighter-paramedic. The fire chief and the
president of the exclusive bargaining representative
recognized by the employer shall each appoint 2 members to the
Joint Apprenticeship Committee. In the absence of an exclusive
collective bargaining representative, the chief shall appoint
the remaining 2 members who shall be from the ranks of company
officer and firefighter with at least 10 years of work
experience as a firefighter or firefighter-paramedic. In the
absence of a sufficient number of qualified firefighters, the
Joint Apprenticeship Committee members shall have the amount
of experience and the type of qualifications as is reasonable
given the circumstances of the fire department. In the absence
of a full-time member in a rank between chief and the highest
rank in a bargaining unit, the Joint Apprenticeship Committee

HB0809 - 34 - LRB102 10592 AWJ 15921 b
shall be reduced to 2 members, one to be appointed by the chief
and one by the union president, if any. If there is no
exclusive bargaining representative, the chief shall appoint
the second member of the Joint Apprenticeship Committee from
among qualified members in the ranks of company officer and
below. Before the conclusion of the apprenticeship period, the
Joint Apprenticeship Committee shall meet to consider the
apprentice's progress and performance and vote to retain the
apprentice as a member of the fire department or to terminate
the apprenticeship. If 3 of the 4 members of the Joint
Apprenticeship Committee affirmatively vote to retain the
apprentice (if a 2 member Joint Apprenticeship Committee
exists, then both members must affirmatively vote to retain
the apprentice), the local commission shall issue the
apprentice a certificate of original appointment to the fire
department.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or
otherwise knowingly violates or subverts any requirement of
this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.

HB0809 - 35 - LRB102 10592 AWJ 15921 b
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
98-760, eff. 7-16-14.)