97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5335
 
Introduced 2/8/2012, by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 

 
50 ILCS 745/2  from Ch. 85, par. 2502

     Amends the Firemen's Disciplinary Act. Adds the requirement that paramedics and EMT's must be employed full-time by a unit of local government to be considered a "fireman" for the purposes of the Act. Effective immediately.
  


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A BILL FOR
 

  
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1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Firemen's Disciplinary Act is amended  by 
5changing Section 2 as follows:
 
6    (50 ILCS 745/2)  (from Ch. 85, par. 2502)

7    Sec. 2. Definitions. For the purposes of this Act, unless 
8clearly required otherwise,
the terms defined in this Section 
9have the meaning ascribed herein:


10    (a) "Fireman" means a person who is a "firefighter" or 
11"fireman" as defined
in Sections 4-106 or 6-106 of the Illinois 
12Pension Code, a full-time paramedic employed by a unit of local 
13government, or a full-time an EMT employed by a unit of local 
14government, and includes a person
who is an "employee" as 
15defined in Section 15-107 of the Illinois Pension Code
and 
16whose primary duties relate to firefighting.


17    (b) "Informal inquiry" means a meeting by supervisory or 
18command personnel
with a fireman upon whom an allegation of 
19misconduct has come to the attention
of such supervisory or 
20command personnel, the purpose of which meeting is
to mediate a 
21citizen complaint or discuss the facts to determine whether
a 
22formal investigation should be commenced.


23    (c) "Formal investigation" means the process of 
 
 
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1investigation ordered
by a commanding officer during which the 
2questioning of a fireman is intended
to gather evidence of 
3misconduct which may be the basis for filing charges
seeking 
4his or her removal, discharge, or suspension from duty in

5excess of 24 duty hours.


6    (d) "Interrogation" means the questioning of a fireman 
7pursuant to an
investigation initiated by the respective State 
8or local governmental
unit in connection with an alleged 
9violation of such unit's rules which may
be the basis for 
10filing charges seeking his or her suspension, removal, or

11discharge.  The term does not include questioning as part of an 
12informal
inquiry as to allegations of misconduct relating to 
13minor infractions of
agency rules which may be noted on the 
14fireman's record but which may not in
themselves result in 
15removal, discharge, or suspension from duty in
excess of 24 
16duty hours.


17    (e) "Administrative proceeding" means any non-judicial 
18hearing which
is authorized to recommend, approve or order the 
19suspension, removal, or
discharge of a fireman.


20(Source: P.A. 96-922, eff. 6-10-10.)

 
 
21    Section 99. Effective date. This Act takes effect upon 
22becoming law.