HB5562 100TH GENERAL ASSEMBLY

LRB100 20770 SLF 36258 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5562

Introduced , by Rep. Daniel Swanson

SYNOPSIS AS INTRODUCED:

50 ILCS 740/2	from Ch. 85, par. 532
50 ILCS 740/7	from Ch. 85, par. 537
50 ILCS 740/8	from Ch. 85, par. 538
50 ILCS 740/9	from Ch. 85, par. 539
50 ILCS 740/10	from Ch. 85, par. 540
50 ILCS 740/11	from Ch. 85, par. 541
50 ILCS 740/12	from Ch. 85, par. 542
50 ILCS 740/13	from Ch. 85, par. 543

Amends the Illinois Fire Protection Training Act. Provides that the Office of the State Fire Marshal (rather than, not later than May 30th of each year, from funds appropriated for this purpose) shall reimburse the local governmental agencies or individuals participating in the training program in an amount equaling one-half of the total sum paid by them during the period established by the Office for tuition at training schools, salary of trainees while in school, necessary travel expenses, and room and board for each trainee from funds appropriated for this purpose. Provides that if a National Fire Protection Association standard exists for various criteria identified under the Act, the Office shall utilize and adopt, by procedures, directives, or rules that standard or those standards as the minimum standard requirements for that criteria. Provides that the Office shall establish procedures for the adoption of those applicable National Fire Protection Association standards. Provides that the Office may, in its discretion, adopt, amend, and repeal in part or in their entirety those procedures, directives, or rules as may be necessary to carry out the Act. Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Fire Protection Training Act is amended by changing Sections 2, 7, 8, 9, 10, 11, 12, and 13 as follows:

(50 ILCS 740/2) (from Ch. 85, par. 532)

Sec. 2. Definitions. As used in this Act, unless the context requires otherwise:

a. Office means the Office of the State Fire Marshal.

b. "Local governmental agency" means any local governmental unit or municipal corporation in this State. It does not include the State of Illinois or any office, officer, department, division, bureau, board, commission, or agency of the State except: (i) a State controlled university, college, or public community college, or (ii) the Office of the State Fire Marshal.

c. "School" means any school located within the State of Illinois whether privately or publicly owned which offers a course in fire protection training or related subjects and which has been approved by the Office.

d. "Trainee" means a recruit fire fighter required to complete initial minimum basic training requirements at an approved school to be eligible for permanent employment as a fire fighter.

e. "Fire protection personnel" and "fire fighter" means any person engaged in fire administration, fire prevention, fire suppression, fire education and arson investigation, including any permanently employed, trainee or volunteer fire fighter, whether or not such person, trainee or volunteer is compensated for all or any fraction of his time.

f. "Basic training" and "basic level" shall mean the entry level fire fighter Basic Operations Firefighter program established by as promulgated by the rules and regulations of the Office.

g. "Advanced training" means the advanced level fire fighter programs established by the Office.

h. "National Fire Protection Association standard" means a standard or code published by the National Fire Protection Association establishing minimum guidelines for specific fire protection subject matter.

(Source: P.A. 96-974, eff. 7-2-10; 97-782, eff. 1-1-13.)

(50 ILCS 740/7) (from Ch. 85, par. 537)

Sec. 7. Selection and approval certification of schools. The Office shall select and approve certify the fire training program at the University of Illinois and other schools within the State of Illinois for the purpose of providing basic training for trainees, and advanced or in-service inservice training for permanent fire protection personnel which schools may be either publicly or privately owned and operated.

(Source: P.A. 80-147.)

(50 ILCS 740/8) (from Ch. 85, par. 538)

Sec. 8. Rules and minimum standards for schools. The Office may, in its discretion, shall adopt, amend, or repeal in part or in their entirety procedures, directives, rules, or and minimum standards for such schools which shall include but not be limited to the following:

a. Minimum courses of study, resources, facilities, apparatus, equipment, reference material, established records and procedures as determined by the Office.

b. Minimum requirements for instructors.

c. Minimum basic training requirements, which a trainee must satisfactorily complete before being eligible for permanent employment as a fire fighter in the fire department of a participating local governmental agency. Those requirements shall include training in first aid (including cardiopulmonary resuscitation) and training in the administration of opioid antagonists as defined in paragraph (1) of subsection (e) of Section 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act.

d. If a National Fire Protection Association standard exists for criteria identified under this Section, the Office shall utilize and adopt, by procedures, directives, or rules that standard or those standards as the minimum standard requirements for that criteria. The Office shall establish procedures for the adoption of those applicable National Fire Protection Association standards.

(Source: P.A. 99-480, eff. 9-9-15.)

(50 ILCS 740/9) (from Ch. 85, par. 539)

Sec. 9. Training participation; funding. All local governmental agencies and individuals may elect to participate in the training programs under this Act, subject to the rules and regulations of the Office. The participation may be for certification only, or for certification and reimbursement for training expenses as further provided in this Act. To be eligible to receive reimbursement for training of individuals, a local governmental agency shall require by ordinance that a trainee complete a basic level course approved by the Office, and pass the State test for certification at the basic level within the probationary period as established by the local governmental agency. A certified copy of the ordinance must be on file with the Office.

Individuals who have retired from active fire service duties and are officially affiliated with fire service training, mutual aid, incident command, fire ground operations, or staff support for public fire service organizations shall not be prohibited from receiving training certification from the Office on the ground that they are not employed or otherwise engaged by an organized Illinois fire department if they otherwise meet the minimum certification standards set by the Office.

Employees of the Office shall not be prohibited from receiving training certifications from the Office on the grounds that they are not employed or otherwise engaged by an organized Illinois fire department if they otherwise meet the minimum certification standards set by the Office and the certifications are directly related to their job-related duties, as determined by the Office.

The Office may by rule provide for reimbursement funding for trainees who are volunteers or paid on call fire protection personnel beyond their probationary period, but not to exceed 3 years from the date of initial employment. The Office may reimburse for basic or advanced training of individuals who were permanently employed fire protection personnel prior to the date of the ordinance. Individuals may receive reimbursement if employed by a unit of local government that participates for reimbursement funding and the individual is otherwise eligible.

Failure of any trainee to complete the basic training and certification within the required period will render that individual and local governmental agency ineligible for reimbursement funding for basic training for that individual in the calendar fiscal year in which his probationary period ends. The individual may later become certified without reimbursement.

Any participating local governmental agency may elect to withdraw from the training program by repealing the original ordinance, and a certified copy of the ordinance must be filed with the Office.

(Source: P.A. 96-215, eff. 8-10-09; 97-782, eff. 1-1-13.)

(50 ILCS 740/10) (from Ch. 85, par. 540)

Sec. 10. Training expenses; reimbursement. The Office, not later than May 30th of each year, from funds appropriated for this purpose, shall reimburse the local governmental agencies or individuals participating in the training program in an amount equaling one-half of the total sum paid by them during the period established by the Office for tuition at training schools, salary of trainees while in school, necessary travel expenses, and room and board for each trainee from funds appropriated for this purpose. Funds appropriated under this Section shall be used for reimbursement for costs incurred from January 1 through December 31 of the prior calendar year. In addition to reimbursement provided herein by the Office to the local governmental agencies for participation by trainees, the Office in each year shall reimburse the local governmental agencies participating in the training program for permanent fire protection personnel in the same manner as trainees for each training program. No more than 50% of the reimbursements distributed to local governmental agencies in any fiscal year shall be distributed to local governmental agencies of more than 500,000 persons. If at the time of the annual reimbursement to local governmental agencies participating in the training program there is an insufficient appropriation to make reimbursement in full, the appropriation shall be apportioned among the participating local governmental agencies. No local governmental agency which shall alter or change in any manner any of the training programs as promulgated under this Act or fail to comply with rules and regulations promulgated under this Act shall be entitled to receive any matching funds under this Act. Submitting false information to the Office is a Class B misdemeanor.

(Source: P.A. 97-782, eff. 1-1-13.)

(50 ILCS 740/11) (from Ch. 85, par. 541)

Sec. 11. Procedures, directives, and rules Rules and regulations.

(a) The Office may, in its discretion, adopt make, amend, and repeal in part or in their entirety rescind those procedures, directives, or rules and regulations as may be necessary to carry out the provisions of this Act. The Office may, in its discretion, adopt, amend, and repeal in part or in their entirety those procedures, directives, or make rules and regulations establishing the fees to be paid for the administration of examinations, approval certification of schools, and certification of fire fighters, and other training programs provided by the Office. The Office shall post its procedures, directives, or rules relating to this Act on its official website.

(b) If a National Fire Protection Association standard exists for criteria identified under this Act, the Office shall utilize and adopt, by procedures, directives, or rules that standard or those standards as the minimum standard requirements for that criteria. The Office shall establish procedures for the adoption of those applicable National Fire Protection Association standards.

(Source: P.A. 89-180, eff. 7-19-95; 90-20, eff. 6-20-97.)

(50 ILCS 740/12) (from Ch. 85, par. 542)

Sec. 12. Advanced training programs. The Office may, in its discretion, may adopt, amend, and repeal in part or in their entirety those procedures, directives, rules, or and minimum standards for advanced training programs for permanent fire protection personnel in addition to the basic training programs. The training for permanent fire protection personnel may be given in any schools approved selected by the Office. Such training, if offered, may be discontinued by the school upon either a temporary or permanent basis. Local governmental agencies which have elected to participate in the basic recruit training program may elect to participate in the advanced, training for permanent fire protection personnel, but non-participation in the advanced program shall not in any way affect the right of governmental agencies to participate in the basic training trainee program. The failure of any permanent fire protection employee to successfully complete any course herein authorized shall not affect his or her status as a member of the fire department of any local governmental agency. If a National Fire Protection Association standard exists for criteria identified under this Section, the Office shall utilize and adopt, by procedures, directives, or rules that standard or those standards as the minimum standard requirements for that criteria. The Office shall establish procedures for the adoption of those applicable National Fire Protection Association standards.

(Source: P.A. 80-147.)

(50 ILCS 740/13) (from Ch. 85, par. 543)

Sec. 13. Additional powers and Duties. In addition to the other powers and duties given to the Office by this Act, the Office:

(1) may employ a Manager Director of Personnel Standards and Education and other necessary clerical and technical personnel;

(2) may make such reports and recommendations to the Governor and the General Assembly in regard to fire protection personnel, standards, education, and related topics as it deems proper;

(3) shall report to the Governor and the General Assembly no later than March 1 of each year the affairs and activities of the Office for the preceding year.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 84-1438.)