Bill Text: IL HB5787 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code and the Fire Protection District Act. Sets forth alternative procedures for appointments to full-time fire departments. Provides for the creation of a register of eligibles for original appointments to fire departments. Sets forth the requirements for placement on the register of eligibles. Provides that a local commission may also hire from a statewide master register of eligibles for original appointments. Sets forth the requirements for placement on the master register. Provides for the award of preference points for eligible persons. Sets forth the procedure for awarding preference points for fire cadet, veteran, paramedic, educational, and experience preferences. Denies home rule powers. Contains other provisions. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2010-03-26 - Rule 19(a) / Re-referred to Rules Committee [HB5787 Detail]

Download: Illinois-2009-HB5787-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5787 Introduced 2/10/2010, by Rep. Michael K. Smith SYNOPSIS AS INTRODUCED:
65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7
65 ILCS 5/10-1-7.1 new
65 ILCS 5/10-1-7.2 new
65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4
65 ILCS 5/10-2.1-6.3 new
65 ILCS 5/10-2.1-6.4 new
70 ILCS 705/16.04a from Ch. 127 1/2, par. 37.04a
70 ILCS 705/16.06b new
70 ILCS 705/16.06c new
Amends the Illinois Municipal Code and the Fire Protection District Act. Sets forth alternative procedures for appointments to full-time fire departments. Provides for the creation of a register of eligibles for original appointments to fire departments. Sets forth the requirements for placement on the register of eligibles. Provides that a local commission may also hire from a statewide master register of eligibles for original appointments. Sets forth the requirements for placement on the master register. Provides for the award of preference points for eligible persons. Sets forth the procedure for awarding preference points for fire cadet, veteran, paramedic, educational, and experience preferences. Denies home rule powers. Contains other provisions. Effective immediately.
LRB096 16931 RLJ 32244 b
HOME RULE NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB5787 LRB096 16931 RLJ 32244 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 and 10-2.1-4 and by adding Sections
10-1-7.1, 10-1-7.2, 10-2.1-6.3, and 10-2.1-6.4 as follows:
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are subject
to examination. The examination shall be public, competitive,
and open to all citizens of the United States, with specified
limitations as to residence, age, health, habits and moral
character.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his or her period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,

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11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
24-1 of the Criminal Code of 1961 or arrested for any cause but
not convicted on that cause shall be disqualified from taking
the examination on grounds of habits or moral character, unless
the person is attempting to qualify for a position on the
police department, in which case the conviction or arrest may
be considered as a factor in determining the person's habits or
moral character.
(d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age
unless they are applicants for a position as a fireman or a
policeman having no previous employment status as a fireman or
policeman in the regularly constituted fire or police
department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has
served as an auxiliary police officer under Section 3.1-30-20
for at least 5 years and is under 40 years of age.
(e) All employees of a municipality of less than 500,000
population (except those who would be excluded from the
classified service as provided in this Division 1) who are
holding that employment as of the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the
later, and who have held that employment for at least 2 years
immediately before that later date, and all firemen and

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policemen regardless of length of service who were either
appointed to their respective positions by the board of fire
and police commissioners under the provisions of Division 2 of
this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division 1,
or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the
municipality without examination.
(f) The examinations shall be practical in their character,
and shall relate to those matters that will fairly test the
relative capacity of the persons examined to discharge the
duties of the positions to which they seek to be appointed. The
examinations shall include tests of physical qualifications,
health, and (when appropriate) manual skill. If an applicant is
unable to pass the physical examination solely as the result of
an injury received by the applicant as the result of the
performance of an act of duty while working as a temporary
employee in the position for which he or she is being examined,
however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination.
No questions in any examination shall relate to political or
religious opinions or affiliations. Results of examinations
and the eligible registers prepared from the results shall be
published by the commission within 60 days after any
examinations are held.

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(g) The commission shall control all examinations, and may,
whenever an examination is to take place, designate a suitable
number of persons, either in or not in the official service of
the municipality, to be examiners. The examiners shall conduct
the examinations as directed by the commission and shall make a
return or report of the examinations to the commission. If the
appointed examiners are in the official service of the
municipality, the examiners shall not receive extra
compensation for conducting the examinations. The commission
may at any time substitute any other person, whether or not in
the service of the municipality, in the place of any one
selected as an examiner. The commission members may themselves
at any time act as examiners without appointing examiners. The
examiners at any examination shall not all be members of the
same political party.
(h) In municipalities of 500,000 or more population, no
person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or
a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted
police or fire department of the municipality, except as
provided in this Section.
(i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her 35th
birthday shall be eligible to take an examination for a
position as a fireman or a policeman unless the person has had

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previous employment status as a policeman or fireman in the
regularly constituted police or fire department of the
municipality, except as provided in this Section.
(j) In all municipalities, applicants who are 20 years of
age and who have successfully completed 2 years of law
enforcement studies at an accredited college or university may
be considered for appointment to active duty with the police
department. An applicant described in this subsection (j) who
is appointed to active duty shall not have power of arrest, nor
shall the applicant be permitted to carry firearms, until he or
she reaches 21 years of age.
(k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions
as firefighters or police shall be made available at various
branches of the public library of the municipality.
(l) No municipality having a population less than 1,000,000
shall require that any fireman appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this

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Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a certified paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
certification.
(m) To the extent that this Section or any other Section in
this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
Section 10-1-7.1 or 10-1-7.2 shall control.
(Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06.)
(65 ILCS 5/10-1-7.1 new)
Sec. 10-1-7.1. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the
provisions of Section 10-1-7.2, this Section shall apply to all
original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after the effective date of this amendatory Act of the
96th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, or rules

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adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed
the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or
firefighter-paramedic to fill a position that is a new position
or vacancy in a position due to resignation, discharge,
promotion, death, or the granting of a disability or retirement
pension, or any other cause, the appointing authority shall
appoint to that position the person with the highest ranking on

HB5787 - 8 - LRB096 16931 RLJ 32244 b
the final eligibility list, except that the appointing
authority shall have the right to pass over that person and
appoint the next highest ranked person on the list if the
appointing authority has reason to conclude that the highest
ranked person fails to meet the minimum standards for the
position after a conditional offer of employment has been made.
Any candidate may pass on an appointment once without losing
his or her position on the register of eligibles. Any candidate
who passes a second time shall be removed from the list
provided that such action shall not prejudice a person's
opportunities to participate in future examinations, including
an examination held during the time a candidate is already on
the municipality's register of eligibles.
The sole authority to issue certificates of appointment
shall be vested in the Civil Service Commission. All
certificates of appointment issued to any officer or member of
an affected department shall be signed by the chairperson and
secretary, respectively, of the commission upon appointment of
such officer or member to the affected department by the
commission. All persons who accept a certificate of appointment
and successfully complete their probationary period shall be
enrolled as regular members of the fire department.
(c) Qualification for placement on register of eligibles.
The purpose for establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude, physical ability, and qualities of character to

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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 shall be subject to examination and
testing which shall be public, competitive, and open to all
applicants unless the municipality shall by ordinance limit
applicants to electors of the municipality, county, State, or
nation. Municipalities may establish educational, emergency
medical service licensure, and other pre-requisites for
participation in an examination or for hire as a firefighter.
Any fee to cover the costs of the application process shall not
exceed $25.
Residency requirements in effect at the time an individual
enters the fire service of a municipality (other than a
municipality that has more than 1,000,000 inhabitants) cannot
be made more restrictive for that individual during his or her
period of service for that municipality, or be made a condition
of promotion, except for the rank or position of Fire Chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to the
Fire Department Promotion Act.
No person who has attained his or her 35th birthday shall
be eligible to take an examination for a position as a
firefighter unless the person has had previous employment
status as a firefighter in the regularly constituted fire
department of the municipality, except as provided in this

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Section. The age limitation does not apply to:
(1) any person previously employed as a firefighter in
a regularly constituted fire department of (i) any
municipality or fire protection district, regardless of
whether the municipality or fire protection district is
located in Illinois or in another state, (ii) a fire
protection district whose obligations were assumed by a
municipality under Section 21 of the Fire Protection
District Act, or (iii) a municipality whose obligations
were taken over by a fire protection district; or
(2) to any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that municipality begins to use full-time firefighters to
provide all or part of its fire protection service.
Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the cadet
program of a municipality or a fire protection district may be
considered for appointment to active duty with the fire
department of any municipality.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality having a population less than 1,000,000

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shall require that any firefighter appointed to the lowest rank
serve a probationary employment period of longer than one year
of actual active employment, which may exclude periods of
training, or injury or illness leaves, including duty related
leave, in excess of 30 calendar days. Notwithstanding anything
to the contrary in this Section, the probationary employment
period limitation may be extended for a firefighter who is
required, as a condition of employment, to be a certified
paramedic, during which time the sole reason that a firefighter
may be discharged without a hearing is for failing to meet the
requirements for paramedic certification.
In the event that any applicant, who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Division 1,
has not been appointed to a firefighter position within one
year from the date of his or her physical ability examination,
the commission may cause a second examination to be made of
such applicant's physical ability prior to his or her
appointment. If, after the second examination, the physical
ability of the applicant shall be found to be less than the
minimum standard fixed by the rules of the commission, the
applicant shall not be appointed. The applicant's name shall be
retained upon the register of candidates eligible for
appointment and when next reached for certification and
appointment such applicant shall be again examined as herein
provided, and if the physical ability of such applicant is

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found to be less than the minimum standard fixed by the rules
of the commission, the applicant shall not be appointed and the
name of the applicant shall be removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, and fee of every examination
shall be given by the commission, by a publication at least 2
weeks preceding the examination, in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality. Additional notice of the
examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components will
determine an applicant's qualification for and placement on the
final 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 the commission.
(e) Mental aptitude. No person shall be placed on a
register of eligibles that does not possess a high school
diploma or an equivalent high school education. Examination of
an applicant's mental aptitude shall be based upon written
examination. The examination shall be practical in character
and relate to those matters which will fairly test the capacity

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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.
(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 such 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. Such examinations shall be open, competitive, and
based on industry standards designed to test each applicant's
physical abilities in the following dimensions (or similar test
designed to ensure the successful candidates are able to
perform the essential functions of the firefighter's job
description):
(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 may be based

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on standards developed, or approved, by the local
appointing authority.
(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,
complex problem solving during physical exertion in
stressful and hazardous environments, including hot, dark,
tightly enclosed spaces, that is further aggravated by
fatigue, flashing lights, sirens, and other distractions.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors
and monitors, open to the public, and subject to reasonable
regulations of the commission.
(g) Scoring of examination components. The examination
components shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the addition of any applicable preference points.
Applicants who pass both the written examination and the
physical ability examination shall be placed on the initial
eligibility register. The passing score for each of these test
components shall be determined by calculating a mean score for
all applicants participating in each test. In order to qualify
for placement on the final eligibility register, an applicant's

HB5787 - 15 - LRB096 16931 RLJ 32244 b
total score, including any applicable preference points, shall
be at or above the mean score plus 20%.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum fixed by this
Section. 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, physical ability, and preference components of the
test administered in accordance with this Section.
Commissions may conduct additional examinations after a
final eligibility register is established and before it expires
with the candidates ranked by total score without regard to
date of examination. No later than 60 days after each
examination, an initial eligibility list shall be posted by the
commission which shall show the final grades of the candidates
without reference to priority of time of examination and
subject to claim for preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.

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(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the commission of any municipality or fire
district shall be preferred for appointment and employment
in the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field of
fire service or emergency medical services, or a bachelor's
degree from an accredited college or university, shall be
preferred for appointment and employment in the fire
department.
(4) Paramedic preference. Persons who have obtained
certification as an Emergency Medical Technician-Paramedic
(EMT-P) shall be preferred for appointment to and
employment with the fire department of an affected
department providing emergency medical services.
(5) Experience preference. All persons who have been
paid-on-call or part-time certified Firefighter II, State
of Illinois or nationally licensed EMT-B or EMT-I, or any
combination of those capacities, of the municipality shall
be awarded 0.5 point for each year of successful service in
one or more of those capacities, up to a maximum of 5
points. Certified Firefighter III and State of Illinois or
nationally licensed paramedics shall be awarded one point
per year up to a maximum of 5 points. Applicants from

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outside the municipality who were employed as full-time
firefighters or firefighter-paramedics by a fire
protection district or another municipality for at least 2
years shall have the same preference as paid-on-call or
part-time personnel. These additional points presuppose a
rating scale totaling 100 points available for the
eligibility list. If more or fewer points are used in the
rating scale for the eligibility list, the points awarded
under this subsection shall be increased or decreased by a
factor equal to the total possible points available for the
examination divided by 100.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days after the request, the number of
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full
amount of preference points under this subsection if the
amount of points awarded would place the candidate before a
veteran on the eligibility list. If more than one candidate
receiving experience preference points is prevented from
receiving all of their points due to not being allowed to
pass a veteran, the candidates shall be placed on the list
below the veteran in rank order based on the totals
received if all points under this subsection were to be

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awarded. Any remaining ties on the list shall be determined
by lot.
(6) Scoring of preferences. Preference points shall be
awarded in the order listed in items (1) through (5). The
commission shall give preference for original appointment
to persons designated in items (1) through (4) by adding to
the final grade which they receive 5 points for each
recognized preference achieved. Experience preference of
up to 5 points shall then be added in accordance with item
(5). The numerical result thus attained shall be applied by
the commission in determining the final eligibility list
and appointment from such eligibility list.
No person entitled to any preference shall be required to
claim such credit before any examination held under the
provisions of this Section but such preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list or such claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points, and appointment from the final
register shall be subject to the applicant passing the

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qualifying standards for moral character and health. All
conditional offers of employment shall be subject to the
commission's initial hire background review including criminal
history, employment history, moral character, oral
examination, and medical examinations all on a pass-fail basis,
with the medical examinations to be conducted last.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 3 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 3 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections

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1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
arrest for any cause without conviction thereon. Any such
person who is in the department may be removed on charges
brought for violating this subsection and after a trial as
hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, such information
contained in State files as is necessary to fulfill the
request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary

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appointment of any one person shall be made more than twice in
any calendar year.
(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.
(65 ILCS 5/10-1-7.2 new)
Sec. 10-1-7.2. Alternative procedure; original
appointment; full-time firefighter.
(a) Authority. The State Fire Marshal shall be authorized
to enter into intergovernmental agreements with local
commissions to provide for the recruitment of applicants and to
conduct testing of interested applicants on a regional or
statewide basis for the purpose of establishing a master
register of eligibles for firefighters and
firefighter-paramedics.
(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

HB5787 - 22 - LRB096 16931 RLJ 32244 b
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 such 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 3 years
from the date of the certification of their final score on
the register without regard to the date of their
examination. After 3 years the candidate's name shall be
struck from the list.
Any person currently employed as a full-time member of
a fire department 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 12 months participated in and received a passing
score on the physical ability component 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

HB5787 - 23 - LRB096 16931 RLJ 32244 b
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, physical ability, and qualities of character
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 a regional process, shall be subject to
examination and testing which shall be public, competitive, and
open to all applicants. All qualifying and disqualifying
factors applicable to examination processes for local
commissions in this amendatory Act shall be applicable to
persons participating in regional examinations unless
specifically provided otherwise in this Section.
Notice of the time, place, general scope, and fee of every
regional examination shall be given by the Fire Marshal or
designated testing agency, as applicable, by publication at
least 2 weeks 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 of general
circulation within the region. Additional notice of the
examination may be given as the Fire Marshal shall prescribe.
(d) Examination and testing components for placement on

HB5787 - 24 - LRB096 16931 RLJ 32244 b
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 will 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 which will 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. No person shall be placed on a register
of eligibles who does not possess a high school diploma or an
equivalent high school education. 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

HB5787 - 25 - LRB096 16931 RLJ 32244 b
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 such 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. Such examinations shall be open, competitive, and
based on industry standards designed to test each applicant's
physical abilities in each of the following dimensions (or
similar test designed to ensure the successful candidates are
able to perform the essential functions of a firefighter's job
description):
(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 State Fire
Marshal 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,

HB5787 - 26 - LRB096 16931 RLJ 32244 b
complex problem solving during physical exertion in
stressful, hazardous environments, including hot, dark,
tightly enclosed spaces, that is further aggravated by
fatigue, flashing lights, sirens, and other distractions.
(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 mean score of all
applicants participating in the written examination at the same
time, and who successfully pass the physical ability
examination will be placed on the initial eligibility register.
For placement on the final eligibility register, the passing
score shall be determined by (i) calculating the mean score for
all applicants participating in the written test; and (ii)
adding 20% to the mean score. Applicants whose total scores,
including any applicable preference points, are above the mean
score plus 20%, shall be placed on the master register of
eligibles by the State Fire Marshal.
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

HB5787 - 27 - LRB096 16931 RLJ 32244 b
preference points requested and verified by the State Fire
Marshal, or approved testing agency.
No later than 60 days after each examination, a revised
master register of eligibles shall be posted by the Fire
Marshal which shall show 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 such credit before any examination held under
the provisions of this Section. Such preference shall be given
after the posting or publication of the applicant's initial
score at the request of such person before finalizing the
scores from all applicants taking part in a regional
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 regional test or the claim shall
be deemed waived. Once preference points are awarded, the
candidates will 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

HB5787 - 28 - LRB096 16931 RLJ 32244 b
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 regional test within a period of up to
12 months before the date of the conditional offer of
employment. All conditional offers of employment shall be
subject to the local commission's initial hire background
review including criminal history, employment history, moral
character, oral examination, and medical examinations all on a
pass-fail basis, with the medical examinations to be conducted
last.
(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 such tests may be employed as a
firefighter apprentice or a firefighter-paramedic apprentice

HB5787 - 29 - LRB096 16931 RLJ 32244 b
who shall serve an apprenticeship period of 12 months or less
according to such 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. Any probationary period set by the local commission
shall apply to all new members.
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

HB5787 - 30 - LRB096 16931 RLJ 32244 b
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.
(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.

HB5787 - 31 - LRB096 16931 RLJ 32244 b
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
Sec. 10-2.1-4. Fire and police departments; Appointment of
members; Certificates of appointments.
The board of fire and police commissioners shall appoint
all officers and members of the fire and police departments of
the municipality, including the chief of police and the chief
of the fire department, unless the council or board of trustees
shall by ordinance as to them otherwise provide; except as
otherwise provided in this Section, and except that in any
municipality which adopts or has adopted this Division 2.1 and
also adopts or has adopted Article 5 of this Code, the chief of
police and the chief of the fire department shall be appointed
by the municipal manager, if it is provided by ordinance in
such municipality that such chiefs, or either of them, shall
not be appointed by the board of fire and police commissioners.
If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by the
appointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not
become effective unless confirmed by a majority vote of the
corporate authorities.
If a member of the department is appointed chief of police
or chief of the fire department prior to being eligible to

HB5787 - 32 - LRB096 16931 RLJ 32244 b
retire on pension, he shall be considered as on furlough from
the rank he held immediately prior to his appointment as chief.
If he resigns as chief or is discharged as chief prior to
attaining eligibility to retire on pension, he shall revert to
and be established in whatever rank he currently holds, except
for previously appointed positions, and thereafter be entitled
to all the benefits and emoluments of that rank, without regard
as to whether a vacancy then exists in that rank.
All appointments to each department other than that of the
lowest rank, however, shall be from the rank next below that to
which the appointment is made except as otherwise provided in
this Section, and except that the chief of police and the chief
of the fire department may be appointed from among members of
the police and fire departments, respectively, regardless of
rank, unless the council or board of trustees shall have by
ordinance as to them otherwise provided. A chief of police or
the chief of the fire department, having been appointed from
among members of the police or fire department, respectively,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as chief of police or
chief of the fire department.
The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality shall

HB5787 - 33 - LRB096 16931 RLJ 32244 b
be signed by the chairman and secretary respectively of the
board of fire and police commissioners of such municipality,
upon appointment of such officer or member of the fire and
police department of such municipality by action of the board
of fire and police commissioners. In any municipal fire
department that employs full-time firefighters and is subject
to a collective bargaining agreement, a person who has not
qualified for regular appointment under the provisions of this
Division 2.1 shall not be used as a temporary or permanent
substitute for classified members of a municipality's fire
department or for regular appointment as a classified member of
a municipality's fire department unless mutually agreed to by
the employee's certified bargaining agent. Such agreement
shall be considered a permissive subject of bargaining.
Municipal fire departments covered by the changes made by this
amendatory Act of the 95th General Assembly that are using
non-certificated employees as substitutes immediately prior to
the effective date of this amendatory Act of the 95th General
Assembly may, by mutual agreement with the certified bargaining
agent, continue the existing practice or a modified practice
and that agreement shall be considered a permissive subject of
bargaining. A home rule unit may not regulate the hiring of
temporary or substitute members of the municipality's fire
department in a manner that is inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent

HB5787 - 34 - LRB096 16931 RLJ 32244 b
exercise by home rule units of powers and functions exercised
by the State.
The term "policemen" as used in this Division does not
include auxiliary police officers except as provided for in
Section 10-2.1-6.
Any full time member of a regular fire or police department
of any municipality which comes under the provisions of this
Division or adopts this Division 2.1 or which has adopted any
of the prior Acts pertaining to fire and police commissioners,
is a city officer.
Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-homerule municipality
of more than 130,000 inhabitants may, without the advice or
consent of the Board of Fire and Police Commissioners, appoint
up to 6 officers who shall be known as deputy chiefs or
assistant deputy chiefs, and whose rank shall be immediately
below that of Chief. The deputy or assistant deputy chiefs may
be appointed from any rank of sworn officers of that
municipality, but no person who is not such a sworn officer may
be so appointed. Such deputy chief or assistant deputy chief
shall have the authority to direct and issue orders to all
employees of the Department holding the rank of captain or any
lower rank. A deputy chief of police or assistant deputy chief
of police, having been appointed from any rank of sworn
officers of that municipality, shall be permitted, regardless
of rank, to take promotional exams and be promoted to a higher

HB5787 - 35 - LRB096 16931 RLJ 32244 b
classified rank than he currently holds, without having to
resign as deputy chief of police or assistant deputy chief of
police.
Notwithstanding any other provision of this Section, a
non-homerule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the
chief of the police department. The ordinance shall provide for
no more than one deputy chief position if the police department
has fewer than 25 full-time police officers and for no more
than 2 deputy chief positions if the police department has 25
or more full-time police officers. The deputy chief position
shall be an exempt rank immediately below that of Chief. The
deputy chief may be appointed from any rank of sworn, full-time
officers of the municipality's police department, but must have
at least 5 years of full-time service as a police officer in
that department. A deputy chief shall serve at the discretion
of the Chief and, if removed from the position, shall revert to
the rank currently held, without regard as to whether a vacancy
exists in that rank. A deputy chief of police, having been
appointed from any rank of sworn full-time officers of that
municipality's police department, shall be permitted,
regardless of rank, to take promotional exams and be promoted
to a higher classified rank than he currently holds, without
having to resign as deputy chief of police.
No municipality having a population less than 1,000,000

HB5787 - 36 - LRB096 16931 RLJ 32244 b
shall require that any firefighter appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a certified paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
certification.
To the extent that this Section or any other Section in
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
(Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06;
95-490, eff. 6-1-08.)
(65 ILCS 5/10-2.1-6.3 new)
Sec. 10-2.1-6.3. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the

HB5787 - 37 - LRB096 16931 RLJ 32244 b
provisions of Section 10-2.1-6.4, this Section shall apply to
all original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after the effective date of this amendatory Act of the
96th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, or rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of conflict between this Section and
any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes

HB5787 - 38 - LRB096 16931 RLJ 32244 b
required by this Section. Only persons who meet or exceed the
performance standards established by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a firefighter to fill a new position or vacancy due to
resignation, discharge, promotion, death, the granting of a
disability or retirement pension, or any other cause, the
appointing authority shall appoint to that position the person
with the highest ranking on the final eligibility list, except
that the appointing authority shall have the right to pass over
that person and appoint the next highest ranked person on the
list if the appointing authority has reason to conclude that
the highest ranked person fails to meet the minimum standards
for the position after a conditional offer of employment has
been made.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time shall be removed from the
list provided that such action shall not prejudice a person's
opportunities to participate in future examinations, including
an examination held during the time a candidate is already on
the municipality's register of eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire and police commissioners.
All certificates of appointments issued to any officer or

HB5787 - 39 - LRB096 16931 RLJ 32244 b
member of an affected department shall be signed by the
chairperson and secretary, respectively, of the board upon
appointment of such officer or member to the affected
department by action of the board. Persons who have accepted
certificates of appointment and successfully completed their
probationary period shall be classified as regular members of
the fire department.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
provide the highest quality of service to the public by
identifying applicants who possess and demonstrate the mental
aptitude, physical ability, and qualities of character to
perform the duties required of members of the fire department.
To this end all applicants for original appointment to an
affected fire department shall be subject to examination and
testing which shall be public, competitive, and open to all
applicants unless the municipality shall by ordinance limit
applicants to electors of the municipality, county, State, or
nation. Municipalities may establish educational, emergency
medical service licensure, and other pre-requisites for
participation in an examination, or for hire as a firefighter.
Any fee to cover the costs of the application process shall not
exceed $25.
Residency requirements in effect at the time an individual
enters the fire service of a municipality (other than a
municipality that has more than 1,000,000 inhabitants) cannot

HB5787 - 40 - LRB096 16931 RLJ 32244 b
be made more restrictive for that individual during his or her
period of service for that municipality, or be made a condition
of promotion, except for the rank or position of fire chief and
for up to 2 individuals holding the rank immediately below that
of the chief rank which are appointed positions pursuant to the
Fire Department Promotion Act.
No person who has attained his or her 35th birthday shall
be eligible to take an examination for a position as a
firefighter unless the person has had previous employment
status as a firefighter in the regularly constituted fire
department of the municipality, except as provided in this
Section. The age limitation does not apply to:
(1) any person previously employed as a firefighter in
a regularly constituted fire department of (i) any
municipality or fire protection district, regardless of
whether the municipality or fire protection district is
located in Illinois or in another state, (ii) a fire
protection district whose obligations were assumed by a
municipality under Section 21 of the Fire Protection
District Act, or (iii) a municipality whose obligations
were taken over by a fire protection district; or
(2) to any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for 5 years immediately preceding the time that
municipality begins to use full-time firefighters to
provide all or part of its fire protection service.

HB5787 - 41 - LRB096 16931 RLJ 32244 b
Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the cadet
program of a municipality fire protection district may be
considered for appointment to active duty with the fire
department of any municipality.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality having a population less than 1,000,000
shall require that any firefighter appointed to the lowest rank
serve a probationary employment period of longer than one year
of actual active employment, which may exclude periods of
training, or injury or illness leaves, including duty related
leave, in excess of 30 calendar days. Notwithstanding anything
to the contrary in this Section, the probationary employment
period limitation may be extended for a firefighter who is
required, as a condition of employment, to be a certified
paramedic, during which time the sole reason that a firefighter
may be discharged without a hearing is for failing to meet the
requirements for paramedic certification.
In the event that any applicant, who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Section,
has not been appointed to a firefighter position within one

HB5787 - 42 - LRB096 16931 RLJ 32244 b
year from the date of his or her physical ability examination,
the commission may cause a second examination to be made of
such applicant's physical ability prior to his or her
appointment. If, upon such second examination, the physical
ability of the applicant shall be found to be less than the
minimum standard fixed by the rules of such commission, the
applicant shall not be appointed. The name of such applicant
shall be retained upon the register of candidates eligible for
appointment and when again reached for certification and
appointment such applicant shall be again examined as herein
provided, and if the physical ability of such applicant shall
again be found to be less than the minimum standard fixed by
the rules of the commission, the applicant shall not be
appointed and the name of the applicant shall be removed from
the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, and fee of every examination
shall be given by the commission, by a publication at least 2
weeks preceding the examination, in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers of general circulation
within the municipality. Additional notice of the examination
may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental

HB5787 - 43 - LRB096 16931 RLJ 32244 b
aptitude, physical ability, and preference components will
determine an applicant's qualification for and placement on the
final 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 the commission.
(e) Mental aptitude. No person shall be placed on a
register of eligibles that does not possess a high school
diploma or an equivalent high school education. Examination of
an applicant's mental aptitude shall be based upon written
examination which shall be practical in character and relate to
those matters which will 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.
(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 such 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

HB5787 - 44 - LRB096 16931 RLJ 32244 b
for testing. Such examinations shall be open, competitive, and
based on industry standards designed to test each applicant's
physical abilities (or similar test designed to ensure the
successful candidates are able to perform the essential
functions of the firefighter's job description in 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 may be based
on standards developed, or approved, by the local
appointing authority.
(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,
complex problem solving during physical exertion in
stressful, hazardous environments, including hot, dark,
tightly enclosed spaces, that is further aggravated by
fatigue, flashing lights, sirens, and other distractions.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors
and monitors, and shall be open to the public, subject to
reasonable regulations of the commission.

HB5787 - 45 - LRB096 16931 RLJ 32244 b
(g) Scoring of examination components. The examination
components shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the addition of any applicable preference points.
Applicants who have achieved at least the mean score of all
applicants participating in the written examination at the same
time, and who successfully pass the physical ability
examination will be placed on the initial eligibility register.
For placement on the final eligibility register, the passing
score shall be determined by (i) calculating the mean score for
all applicants participating in the written test; and (ii)
adding 20% to the mean score. Applicants whose total scores,
including any applicable preference points, are above the mean
score plus 20%, shall be placed on the final register of
eligibles by the commission.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum fixed by this
Section. 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, physical ability, and preference components of the
test administered in accordance with this Section.
Commissions may conduct additional examinations after a
final eligibility register is established and before it expires

HB5787 - 46 - LRB096 16931 RLJ 32244 b
with the candidates ranked by total score without regard to
date of examination. No more than 60 days after each
examination, an initial eligibility list shall be posted by the
commission which shall show the final grades of the candidates
without reference to priority of time of examination and
subject to claim for preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment and employment
in the fire department of an affected department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the commission of any municipality or fire
district shall be preferred for appointment and employment
in the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field of
fire service, or emergency medical services, or a
bachelor's degree from an accredited college or university
shall be preferred for appointment and employment in the
fire department.

HB5787 - 47 - LRB096 16931 RLJ 32244 b
(4) Paramedic preference. Persons who have obtained
certification as an Emergency Medical Technician-Paramedic
(EMT-P) shall be preferred for appointment and employment
in the fire department of an affected department providing
emergency medical services.
(5) Experience preference. All persons who have been
paid-on-call or part-time certified Firefighter II, State
of Illinois or nationally licensed EMT-B or EMT-I, or any
combination of those capacities, of the municipality shall
be awarded 0.5 point for each year of successful service in
one or more of those capacities, up to a maximum of 5
points. Certified Firefighter III and State of Illinois or
nationally licensed paramedics shall be awarded one point
per year up to a maximum of 5 points. Applicants from
outside the municipality who were employed as full-time
firefighters or firefighter-paramedics by a fire
protection district or another municipality for at least 2
years shall have the same preference as paid-on-call or
part-time personnel. These additional points presuppose a
rating scale totaling 100 points available for the
eligibility list. If more or fewer points are used in the
rating scale for the eligibility list, the points awarded
under this subsection shall be increased or decreased by a
factor equal to the total possible points available for the
examination divided by 100.
Upon request by the commission, the governing body of

HB5787 - 48 - LRB096 16931 RLJ 32244 b
the municipality or (in the case of applicants from outside
the municipality) the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days of the request, the number of
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full
amount of the preference points under this subsection if
the amount of points awarded would place the candidate
before a veteran on the eligibility list. If more than one
candidate receiving experience preference points is
prevented from receiving all of their points due to not
being allowed to pass a veteran, the candidates shall be
placed on the list below the veteran in rank order based on
the totals received as if all points under this subsection
were to be awarded. Any remaining ties on the list shall be
determined by lot.
(6) Scoring of preferences. Preference points shall be
awarded in the order listed in items (1) through (5). The
commission shall give preference for original appointment
to persons designated in items (1) through (4) by adding to
the final grade which they receive 5 points for each
recognized preference achieved. Experience preference of
up to 5 points shall then be added in accordance with item
(5). The numerical result thus attained shall be applied by
the commission in determining the final eligibility list
and appointment from such eligibility list.

HB5787 - 49 - LRB096 16931 RLJ 32244 b
No person entitled to any preference shall be required to
claim such credit before any examination held under the
provisions of this Section. Such preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of such person before any
certification or appointments are made from the eligibility
register, upon the furnishing of verifiable evidence and proof
of qualifying preference credit. Candidates who are eligible
for preference credit shall make a claim in writing within 10
days after the posting of the initial eligibility list or such
claim shall be deemed waived. Final eligibility registers shall
be established after the awarding of verified preference
points, and appointment from the final register shall be
subject to the applicant passing the qualifying standards for
moral character and health respectively. All conditional
offers of employment shall be subject to the commission's
initial hire background review including criminal history,
employment history, moral character, oral examination, and
medical examinations all on a pass-fail basis, with the medical
examinations to be conducted last.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 3 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise

HB5787 - 50 - LRB096 16931 RLJ 32244 b
provided in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 3 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of such person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
arrest for any cause without conviction thereon. Any such
person who is in the department may be removed on charges
brought and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and

HB5787 - 51 - LRB096 16931 RLJ 32244 b
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, such information
contained in State files as is necessary to fulfill the
request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
until regular appointments may be made under the provisions of
this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(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.

HB5787 - 52 - LRB096 16931 RLJ 32244 b
(65 ILCS 5/10-2.1-6.4 new)
Sec. 10-2.1-6.4. Alternate procedure; original
appointment; full-time firefighter.
(a) Authority. The State Fire Marshal shall be authorized
to enter into intergovernmental agreements with local
commissions to provide for the recruitment of applicants and to
conduct testing of interested applicants on a regional or
statewide basis for the purpose of establishing a master
register of eligibles for firefighters and
firefighter-paramedics.
(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 such 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 3 years
from the date of the certification of their final score on
the register without regard to their date of examination.

HB5787 - 53 - LRB096 16931 RLJ 32244 b
After 3 years the candidate's name shall be struck from the
list.
Any person currently employed as a full-time member of
a fire department 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 12
months participated in and received a passing score on the
physical ability component of the test as provided by this
Section may request that his or her name be added to the
master register. Any such persons 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, physical ability, and qualities of character
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 a regional process, shall be subject to
examination and testing which shall be public, competitive, and

HB5787 - 54 - LRB096 16931 RLJ 32244 b
open to all applicants. All qualifying and disqualifying
factors applicable to examination processes for local
commissions in this amendatory Act shall be applicable to
persons participating in regional examinations unless
specifically provided otherwise in this Section.
Notice of the time, place, general scope, and fee of every
regional examination shall be given by the Fire Marshal or
designated testing agency, as applicable, by a publication at
least 2 weeks 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. Additional notice of the
examination may be given as the Fire Marshal 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 will 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

HB5787 - 55 - LRB096 16931 RLJ 32244 b
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 which will 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. No person shall be placed on a register
of eligibles that does not possess a high school diploma or an
equivalent high school education. 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 such 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. Such examinations shall be open, competitive, and
based on industry standards designed to test each applicant's
physical abilities in each of the following dimensions (or
similar test designed to ensure the successful candidates are

HB5787 - 56 - LRB096 16931 RLJ 32244 b
able to perform the essential functions of a firefighter's job
description):
(1) Muscular strength to perform evolutions and tasks
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 State Fire
Marshal 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,
complex problem solving during physical exertion in
stressful, hazardous environments, including hot, dark,
tightly enclosed spaces, that is further aggravated by
fatigue, flashing lights, sirens, and other distractions.
(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 mean score of all

HB5787 - 57 - LRB096 16931 RLJ 32244 b
applicants participating in the written examination at the same
time, and who successfully pass the physical ability
examination will be placed on the initial eligibility register.
For placement on the final eligibility register, the passing
score shall be determined by (i) calculating the mean score for
all applicants participating in the written test; and (ii)
adding 20% to the mean score. Applicants whose total scores,
including any applicable preference points, are above the mean
score plus 20%, shall be placed on the master register of
eligibles by the State Fire Marshal.
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 State Fire
Marshal, or approved testing agency.
No later than 60 days after each examination, a revised
master register of eligibles shall be posted by the Fire
Marshal which shall show 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

HB5787 - 58 - LRB096 16931 RLJ 32244 b
required to claim such credit before any examination held under
the provisions of this Section but such preference shall be
given after the posting or publication of the applicant's
initial score at the request of such person before finalizing
the scores from all applicants taking part in a regional
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 regional test or such claim
shall be deemed waived. Once preference points are awarded, the
candidates will 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's 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 regional test within a period of up to
12 months before the date of the conditional offer of
employment. All conditional offers of employment shall be
subject to the local commission's initial hire background

HB5787 - 59 - LRB096 16931 RLJ 32244 b
review including criminal history, employment history, moral
character, oral examination, and medical examinations all on a
pass-fail basis, with the medical examinations to be conducted
last.
(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 such tests may be employed as
firefighter apprentices or firefighter-paramedic apprentices
who shall serve an apprenticeship period of 12 months or less
according to such terms and conditions of employment as the
employing municipality or district offers, or as are provided
for under the terms of any collective bargaining agreement then
in effect. Any probationary period set by the local commission
shall apply to all new members.
Service during the apprenticeship period shall be on a
probationary basis. During such 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

HB5787 - 60 - LRB096 16931 RLJ 32244 b
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 experience and 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

HB5787 - 61 - LRB096 16931 RLJ 32244 b
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.
Section 10. The Fire Protection District Act is amended by
changing Section 16.04a and by adding Sections 16.06b and
16.06c as follows:
(70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a)
Sec. 16.04a. The board of fire commissioners shall appoint
all officers and members of the fire departments of the
district, except the Chief of the fire department. The board of
trustees shall appoint the Chief of the fire department, who
shall serve at the pleasure of the board, and may enter into a
multi-year contract not exceeding 3 years with the Chief.
If a member of the department is appointed Chief of the

HB5787 - 62 - LRB096 16931 RLJ 32244 b
fire department prior to being eligible to retire on pension he
shall be considered as on furlough from the rank he held
immediately prior to his appointment as Chief. If he resigns as
Chief or is discharged as Chief prior to attaining eligibility
to retire on pension, he shall revert to and be established in
such prior rank, and thereafter be entitled to all the benefits
and emoluments of such prior rank, without regard as to whether
a vacancy then exists in such rank. In such instances, the
Chief shall be deemed to have continued to accrue seniority in
the department during his period of service as Chief, or time
in grade in his former rank to which he shall revert during his
period of service as Chief, except solely for purposes of any
layoff as provided in Section 16.13b hereafter.
All appointments to each department other than that of the
lowest rank, however, shall be from the rank next below that to
which the appointment is made, except that the Chief of the
fire department may be appointed from among members of the fire
department, regardless of rank.
The sole authority to issue certificates of appointment
shall be vested in the board of fire commissioners and all
certificates of appointments issued to any officer or member of
the fire department shall be signed by the chairman and
secretary respectively of the board of fire commissioners upon
appointment of such officer or member of the fire department by
action of the board of fire commissioners.
To the extent that this Section or any other Section in

HB5787 - 63 - LRB096 16931 RLJ 32244 b
this Act conflicts with Section 16.06b or 16.06c, then Section
16.06b or 16.06c shall control.
(Source: P.A. 91-948, eff. 1-1-02.)
(70 ILCS 705/16.06b new)
Sec. 16.06b. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the
provisions of Section 16.06c, this Section shall apply to all
original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after the effective date of this amendatory Act of the
96th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, Fire Protection District Act, fire
district ordinances, or rules adopted pursuant to such
authority and other laws relating to initial hiring of
firefighters in affected departments shall continue to apply to
the extent they are compatible with this Section, but in the
event of conflict between this Section and any other law, this
Section shall control.
(b) Original appointments. All original appointments made

HB5787 - 64 - LRB096 16931 RLJ 32244 b
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
required by this Section. Only persons who meet or exceed the
performance standards established by the Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a firefighter to fill a new position or vacancy due to
resignation, discharge, promotion, death, or the granting of a
disability or retirement pension, or any other cause, the
appointing authority shall appoint to that position the person
with the highest ranking on the final eligibility list, except
that the appointing authority shall have the right to pass over
that person and appoint the next highest ranked person on the
list if the appointing authority has reason to conclude that
the highest ranked person fails to meet the minimum standards
for the position after a conditional offer of employment has
been made.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time shall be removed from the
list provided that such action shall not prejudice a person's
opportunities to participate in future examinations, including
an examination held during the time a candidate is already on
the fire district's register of eligibles.
The sole authority to issue certificates of appointment

HB5787 - 65 - LRB096 16931 RLJ 32244 b
shall be vested in the board of fire commissioners, or board of
trustees serving in the capacity of a board of fire
commissioners. All certificates of appointments issued to any
officer or member of an affected department shall be signed by
the chairperson and secretary, respectively, of the commission
upon appointment of such officer or member to the affected
department by action of the commission. Persons who have
accepted certificates of appointment and successfully
completed their probationary period shall be classified as
regular members of the fire department.
(c) Qualification for placement on register of eligibles.
The purpose for establishing a register of eligibles shall be
to identify applicants who possess and demonstrate the mental
aptitude, physical ability, and qualities of character 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 shall be subject to examination and
testing which shall be public, competitive, and open to all
applicants unless the district shall by ordinance limit
applicants to electors of the district, county, State, or
nation. Districts may establish educational, emergency medical
service licensure, and other pre-requisites for participation
in an examination, or for hire as a firefighter. Any fee to
cover the costs of the application process shall not exceed
$25.

HB5787 - 66 - LRB096 16931 RLJ 32244 b
Residency requirements in effect at the time an individual
enters the fire service of a district cannot be made more
restrictive for that individual during his or her period of
service for that district, or be made a condition of promotion,
except for the rank or position of fire chief and for up to 2
individuals holding the rank immediately below that of the
chief rank which are appointed positions pursuant to the Fire
Department Promotion Act.
No person who has attained his or her 35th birthday shall
be eligible to take an examination for a position as a
firefighter unless the person has had previous employment
status as a firefighter in the regularly constituted fire
department of the district, except as provided in this Section.
The age limitation does not apply to:
(1) any person previously employed as a firefighter in
a regularly constituted fire department of (i) any
municipality or fire protection district, regardless of
whether the municipality or fire protection district is
located in Illinois or in another state, (ii) a fire
protection district whose obligations were assumed by a
municipality under Section 21 of the Fire Protection
District Act, or (iii) a municipality whose obligations
were taken over by a fire protection district; or
(2) to any person who has served a fire district as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for 5 years immediately preceding the time that

HB5787 - 67 - LRB096 16931 RLJ 32244 b
district begins to use full-time firefighters to provide
all or part of its fire protection service.
Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the cadet
program of a municipality or fire protection district may be
considered for appointment to active duty with the fire
department of any district.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
district or their designees and agents.
No district shall require that any firefighter appointed to
the lowest rank serve a probationary employment period of
longer than one year of actual active employment, which may
exclude periods of training, or injury or illness leaves,
including duty related leave, in excess of 30 calendar days.
Notwithstanding anything to the contrary in this Section, the
probationary employment period limitation may be extended for a
firefighter who is required, as a condition of employment, to
be a certified paramedic, during which time the sole reason
that a firefighter may be discharged without a hearing is for
failing to meet the requirements for paramedic certification.
In the event that any applicant, who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Section,

HB5787 - 68 - LRB096 16931 RLJ 32244 b
has not been appointed to a firefighter position within one
year from the date of his or her physical ability examination,
the commission may cause a second examination to be made of
such applicant's physical ability prior to his or her
appointment. If, upon such second examination, the physical
ability of the applicant shall be found to be less than the
minimum standard fixed by the rules of such commission, the
applicant shall not be appointed. The name of such applicant
shall be retained upon the register of candidates eligible for
appointment and when again reached for certification and
appointment such applicant shall be again examined as herein
provided, and if the physical ability of such applicant shall
again be found to be less than the minimum standard fixed by
the rules of the commission, the applicant shall not be
appointed and the name of the applicant shall be removed from
the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, and fee of every examination
shall be given by the commission, by a publication at least 2
weeks preceding the examination, in one or more newspapers
published in the district, or if no newspaper is published
therein, then in one or more newspapers of general circulation
within the district. Additional notice of the examination may
be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical

HB5787 - 69 - LRB096 16931 RLJ 32244 b
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components will
determine an applicant's qualification for and placement on the
final 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 the commission.
(e) Mental aptitude. No person shall be placed on a
register of eligibles that does not possess a high school
diploma or an equivalent high school education. Examination of
an applicant's mental aptitude shall be based upon written
examination which shall be practical in character and relate to
those matters which will 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.
(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 such duties as part of the fire
department's regular routine shall not be a controlling factor

HB5787 - 70 - LRB096 16931 RLJ 32244 b
in the design of examination criteria or evolutions selected
for testing. Such examinations shall be open, competitive, and
based on industry standards designed to test each applicant's
physical abilities in the following dimensions (or similar test
designed to ensure the successful candidates are able to
perform the essential functions of the firefighter's job
description):
(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 may be based
on standards developed, or approved, by the local
appointing authority.
(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,
complex problem solving during physical exertion in
stressful, hazardous environments, including hot, dark,
tightly enclosed spaces, that is further aggravated by
fatigue, flashing lights, sirens, and other distractions.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors
and monitors, open to the public, and subject to reasonable

HB5787 - 71 - LRB096 16931 RLJ 32244 b
regulations of the commission.
(g) Scoring of examination components. The examination
components shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the
person's successfully passing the physical ability component,
and (iii) the addition of any applicable preference points.
Applicants who have achieved at least the mean score of all
applicants participating in the written examination at the same
time, and who successfully pass the physical ability
examination will be placed on the initial eligibility register.
For placement on the final eligibility register, the passing
score shall be determined by (i) calculating the mean score for
all applicants participating in the written test; and (ii)
adding 20% to the mean score. Applicants whose total scores,
including any applicable preference points, are equal to or
above the mean score plus 20%, shall be placed on the final
register of eligibles by the commission.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum fixed by this
Section. 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, physical ability, and preference components of the
test administered in accordance with this Section.
Commissions may conduct additional examinations after a

HB5787 - 72 - LRB096 16931 RLJ 32244 b
final eligibility register is established and before it expires
with the candidates ranked by total score without regard to
date of examination. No later than 60 days after each
examination, an initial eligibility list shall be posted by the
commission which shall show the final grades of the candidates
without reference to priority of time of examination and
subject to claim for preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment and employment
in the fire department of an affected department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the commission of any municipality or fire
district shall be preferred for appointment and employment
in the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field of
fire service, or emergency medical services, or a
bachelor's degree from an accredited college or university
shall be preferred for appointment and employment in the

HB5787 - 73 - LRB096 16931 RLJ 32244 b
fire department.
(4) Paramedic preference. Persons who have obtained
certification as an Emergency Medical Technician-Paramedic
(EMT-P) shall be preferred for appointment and employment
in the fire department of an affected department providing
emergency medical services.
(5) Experience preference. All persons who have been
paid-on-call or part-time certified Firefighter II, State
of Illinois or nationally licensed EMT-B or EMT-I, or any
combination thereof, of the district shall be awarded 0.5
point for each year of successful service in one or more of
those capacities, up to a maximum of 5 points. Certified
Firefighter III and State of Illinois or nationally
licensed paramedics shall be awarded one point per year up
to a maximum of 5 points. Applicants from outside the
district who were employed as full-time firefighters or
firefighter-paramedics by a fire protection district or
municipality for at least 2 years shall have the same
preference as paid-on-call or part-time personnel. These
additional points presuppose a rating scale totaling 100
points available for the eligibility list. If more or fewer
points are used in the rating scale for the eligibility
list, the points awarded under this subsection shall be
increased or decreased by a factor equal to the total
possible points available for the examination divided by
100.

HB5787 - 74 - LRB096 16931 RLJ 32244 b
Upon request by the commission, the governing body of
the district or (in the case of applicants from outside the
district) the governing body of any other fire protection
district or any municipality shall certify to the
commission, within 10 days of the request, the number of
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full
amount of the preference points under this subsection if
the amount of points awarded would place the candidate
before a veteran on the eligibility list. If more than one
candidate receiving experience preference points is
prevented from receiving all of their points due to not
being allowed to pass a veteran, the candidates shall be
placed on the list below the veteran in rank order based on
the totals received if all points under this subsection
were to be awarded. Any remaining ties on the list shall be
determined by lot.
(6) Scoring of preferences. Preference points shall be
awarded in the order listed in items (1) through (5). The
commission shall give preference for original appointment
to persons designated in items (1) through (4) by adding to
the final grade which they receive 5 points for each
recognized preference achieved. Experience preference of
up to 5 points shall then be added in accordance with item
(5). The numerical result thus attained shall be applied by
the commission in determining the final eligibility list

HB5787 - 75 - LRB096 16931 RLJ 32244 b
and appointment from such eligibility list.
No person entitled to any preference shall be required to
claim such credit before any examination held under the
provisions of this Section but such preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of such person before any
certification or appointments are made from the eligibility
register, upon the furnishing of verifiable evidence and proof
of qualifying preference credit. Candidates who are eligible
for preference credit shall make a claim in writing within 10
days after the posting of the initial eligibility list or such
claim shall be deemed waived. Final eligibility registers shall
be established after the awarding of verified preference
points, and appointment from the final register shall be
subject to the applicant passing the qualifying standards for
moral character and health respectively. All conditional
offers of employment shall be subject to the commission's
initial hire background review including criminal history,
employment history, moral character, oral examination, and
medical examinations all on a pass-fail basis, with the medical
examinations to be conducted last.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or their name has been on the list for a period of 3
years. No person who has attained the age of 35 years shall be

HB5787 - 76 - LRB096 16931 RLJ 32244 b
inducted into a fire department, except as otherwise provided
in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 3 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of such person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
arrest for any cause without conviction thereon. Any such
person who is in the department may be removed on charges
brought and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for

HB5787 - 77 - LRB096 16931 RLJ 32244 b
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, such information
contained in State files as is necessary to fulfill the
request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
until regular appointments may be made under the provisions of
this Section, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(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.

HB5787 - 78 - LRB096 16931 RLJ 32244 b
(70 ILCS 705/16.06c new)
Sec. 16.06c. Alternative procedure; original appointment;
full-time firefighter.
(a) Authority. The State Fire Marshal shall be authorized
to enter into intergovernmental agreements with local
commissions to provide for the recruitment of applicants and to
conduct testing of interested applicants on a regional or
statewide basis for the purpose of establishing a master
register of eligibles for firefighters and
firefighter-paramedics.
(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 total
passing 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 such 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 3 years
from the date of the certification of their final score on

HB5787 - 79 - LRB096 16931 RLJ 32244 b
the register. After 3 years the candidate's name shall be
struck from the list.
Any person currently employed as a full-time member of
a fire department 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 12
months participated in and received a passing score on the
physical ability component of the test as provided by this
Section may request that their names be added to the master
register. Any such persons 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, physical ability, and qualities of character
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 a regional process, shall be subject to
examination and testing which shall be public, competitive, and

HB5787 - 80 - LRB096 16931 RLJ 32244 b
open to all applicants. All qualifying and disqualifying
factors applicable to examination processes for local
commissions in this amendatory Act shall be applicable to
persons participating in regional examinations unless
specifically provided otherwise in this Section.
Notice of the time, place, general scope, and fee of every
regional examination shall be given by the Fire Marshal or
designated testing agency, as applicable, by a publication at
least 2 weeks 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. Additional notice of the
examination may be given as prescribed by the Fire Marshal.
(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 will 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

HB5787 - 81 - LRB096 16931 RLJ 32244 b
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 which will 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. No person shall be placed on a register
of eligibles that does not possess a high school diploma or an
equivalent high school education. 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 such 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. Such examinations shall be open, competitive, and
based on industry standards designed to test each applicant's
physical abilities in each of the following dimensions (or
similar test designed to ensure the successful candidates are

HB5787 - 82 - LRB096 16931 RLJ 32244 b
able to perform the essential functions of a firefighter's job
description):
(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 State Fire
Marshal 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,
complex problem solving during physical exertion in
stressful, hazardous environments, including hot, dark,
tightly enclosed spaces, that is further aggravated by
fatigue, flashing lights, sirens, and other distractions.
(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 mean score of all

HB5787 - 83 - LRB096 16931 RLJ 32244 b
applicants participating in the written examination at the same
time, and who successfully pass the physical ability
examination will be placed on the initial eligibility register.
For placement on the final eligibility register, the passing
score shall be determined by (i) calculating the mean score for
all applicants participating in the written test; and (ii)
adding 20% to the mean score. Applicants whose total scores,
including any applicable preference points, are above the mean
score plus 20%, shall be placed on the master register of
eligibles by the State Fire Marshal.
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 State Fire
Marshal, or approved testing agency.
No later than 60 days after each examination, a revised
master register of eligibles shall be posted by the Fire
Marshal which shall show 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

HB5787 - 84 - LRB096 16931 RLJ 32244 b
required to claim such credit before any examination held under
the provisions of this Section but such preference shall be
given after the posting or publication of the applicant's
initial score at the request of such person before finalizing
the scores from all applicants taking part in a regional
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 regional test or such claim
shall be deemed waived. Once preference points are awarded, the
candidates will 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's 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 regional test within a period of up to
12 months before the date of the conditional offer of
employment. All conditional offers of employment shall be
subject to the local commission's initial hire background

HB5787 - 85 - LRB096 16931 RLJ 32244 b
review including criminal history, employment history, moral
character, oral examination, and medical examinations all on a
pass-fail basis, with the medical examinations to be conducted
last.
(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 such
tests may be employed as firefighter or firefighter-paramedic
apprentices who shall serve an apprenticeship period of 12
months or less according to such terms and conditions of
employment as the employing municipality or district offers, or
as are provided for under the terms of any collective
bargaining agreement then in effect. Any probationary period
set by the local commission, shall apply to all new members.
Service during the apprenticeship period shall be on a
probationary basis. During such 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

HB5787 - 86 - LRB096 16931 RLJ 32244 b
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 experience and 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

HB5787 - 87 - LRB096 16931 RLJ 32244 b
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.
Section 99. Effective date. This Act takes effect upon
becoming law.