SB0827 Engrossed

LRB094 04446 MKM 34475 b






1
    AN ACT concerning local government.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 

 
4
    Section 5. The Fire Department Promotion Act is amended  by 
5
changing Section 10 as follows:
 



6
    (50 ILCS 742/10)



7
    Sec. 10. Applicability. 

8
    (a) This Act shall apply to all positions in an affected 
9
department, except
those specifically excluded in  items (i), 
10
(ii), (iii), (iv), and (v) of the
definition of "promotion" in 
11
Section 5 unless such positions are covered by a
collective 
12
bargaining agreement in force on the effective date of this 
13
Act.
Existing promotion lists shall continue to be valid until 
14
their expiration
dates, or up to a maximum of 3 years after the 
15
effective date of this Act.

16
    (b) Notwithstanding any statute, ordinance, rule, or other 
17
laws to the
contrary, all promotions in an affected department 
18
to which this Act applies
shall be administered in the manner 
19
provided for in this Act. Provisions of the
Illinois Municipal 
20
Code, the Fire Protection District Act, municipal
ordinances, 
21
or rules adopted pursuant to such authority and other laws

22
relating to promotions in affected departments shall continue 
23
to apply to the
extent they are compatible with this Act, but 
24
in the event of conflict between
this Act and any other law, 
25
this Act shall control.

26
    (c) A home rule or non-home rule municipality may not 
27
administer its fire
department promotion process in a manner 
28
that is inconsistent with this Act.
This Section is a 
29
limitation under subsection (i) of Section 6 of Article VII
of 
30
the Illinois Constitution on the concurrent exercise by home 
31
rule units of
the powers and functions exercised by the State.

32
    (d) This Act is intended to serve as a minimum standard and 
 


 






SB0827 Engrossed
- 2 -
LRB094 04446 MKM 34475 b




1
shall be
construed to authorize and not to limit:


2
        (1) An appointing authority from establishing 
3
    different or supplemental
promotional criteria or 
4
    components, provided that the criteria are
job-related and 
5
    applied uniformly.


6
        (2) The right of
negotiation by an employer and an 
7
    exclusive bargaining
representative to require an employer 
8
    to negotiate
of clauses within a collective bargaining 
9
    agreement relating to
conditions, criteria, or procedures 
10
    for the promotion of employees to ranks, as defined in 
11
    Section 5, covered by this Act
who are
members of 
12
    bargaining units.


13
        (3) The negotiation by an employer and an exclusive 
14
    bargaining
representative of provisions within a 
15
    collective bargaining agreement to
achieve affirmative 
16
    action objectives, provided that such clauses are

17
    consistent
with applicable law.

18
    (e) Local authorities and exclusive bargaining agents 
19
affected by this
Act may agree to waive one or more of its 
20
provisions and bargain on the
contents of those provisions, 
21
provided that any such waivers shall be
considered
permissive 
22
subjects of bargaining.

23
(Source: P.A. 93-411, eff. 8-4-03.)


 
24
    Section 99. Effective date. This Act takes effect upon 
25
becoming law.