Sen. Martin A. Sandoval
Filed: 5/22/2018
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1 | AMENDMENT TO HOUSE BILL 5197
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2 | AMENDMENT NO. ______. Amend House Bill 5197 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. Findings. The General Assembly finds that the | ||||||
5 | positions of fire chief and paramedic chief in the Chicago Fire | ||||||
6 | Department are positions that require the knowledge and skill | ||||||
7 | of experienced members of the Chicago Fire Department. | ||||||
8 | Furthermore, the General Assembly finds that the positions of | ||||||
9 | fire chief and paramedic chief are positions in which persons | ||||||
10 | holding the fire chief and paramedic chief rank take command | ||||||
11 | of, or otherwise give orders to, their subordinates at | ||||||
12 | potentially dangerous or life-threatening incidents and | ||||||
13 | activities. | ||||||
14 | Section 10. The Illinois Municipal Code is amended by | ||||||
15 | adding Section 10-1-7.4 and by changing Section 11-10-2 as | ||||||
16 | follows: |
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1 | (65 ILCS 5/10-1-7.4 new) | ||||||
2 | Sec. 10-1-7.4. Temporary fire chief and paramedic chief | ||||||
3 | advisory board. | ||||||
4 | (a) As used in this Section, "fire chief" or "paramedic | ||||||
5 | chief" means an individual temporarily appointed by the Fire | ||||||
6 | Commissioner to have direct supervisory authority over sworn | ||||||
7 | members of the department. | ||||||
8 | (b) A non-binding advisory board is created in the Chicago | ||||||
9 | Fire Department to recommend to the Fire Commissioner of the | ||||||
10 | Chicago Fire Department the best candidates for each position | ||||||
11 | of fire chief or paramedic chief. The advisory board shall be | ||||||
12 | comprised of 8 members appointed by the Fire Commissioner, or | ||||||
13 | his or her designee, 4 of whom must be, at the time of | ||||||
14 | appointment and during all times while serving on the advisory | ||||||
15 | board: (i) a member of an organization representing the | ||||||
16 | interest of firefighters and paramedics of the Chicago Fire | ||||||
17 | Department; and (ii) elected at large by members of that | ||||||
18 | organization to the organization's executive board. The Fire | ||||||
19 | Commissioner shall make his or her initial appointments to the | ||||||
20 | advisory board no later than 60 days after the effective date | ||||||
21 | of this amendatory Act of the 100th General Assembly. The | ||||||
22 | advisory board shall meet no later than 90 days after the | ||||||
23 | effective date of this amendatory Act of the 100th General | ||||||
24 | Assembly to elect a chair and vice-chair. Beginning June 1, | ||||||
25 | 2019, and every June 1 thereafter, members shall be appointed |
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1 | or reappointed to one-year terms and each newly-appointed | ||||||
2 | advisory board shall meet no later than July 1 of each year to | ||||||
3 | elect a chair and vice-chair. | ||||||
4 | (c) The Fire Commissioner shall provide written notice to | ||||||
5 | the advisory board each time the Fire Commissioner will need to | ||||||
6 | make an appointment of a fire chief or paramedic chief. The | ||||||
7 | Fire Commissioner must provide with the written notice to the | ||||||
8 | advisory board a list of qualified candidates for each position | ||||||
9 | that he or she will need to make an appointment. The advisory | ||||||
10 | board shall meet no later than 30 days after receipt of each | ||||||
11 | written notice from the Fire Commissioner and shall issue a | ||||||
12 | recommendation or recommendations to the Fire Commissioner no | ||||||
13 | later than 15 days after the initial meeting. In order to be | ||||||
14 | recommended for the position of fire chief or paramedic chief, | ||||||
15 | 5 members of the advisory board must agree to the | ||||||
16 | recommendation. | ||||||
17 | (d) The Fire Commissioner may appoint a fire chief or | ||||||
18 | paramedic chief after the advisory board has issued its | ||||||
19 | recommendation under subsection (c). An individual appointed | ||||||
20 | fire chief or paramedic chief by the Fire Commissioner must | ||||||
21 | meet the following criteria: | ||||||
22 | (1) is an active member of the Chicago Fire Department | ||||||
23 | who is not receiving any type of pension from the Firemen's | ||||||
24 | Annuity and Benefit Fund of Chicago; | ||||||
25 | (2) has 10 years of creditable service time with the | ||||||
26 | Chicago Fire Department; |
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1 | (3) has held the position of battalion chief with the | ||||||
2 | Chicago Fire Department for a period of not less than 5 | ||||||
3 | years immediately prior to his or her appointment to the | ||||||
4 | rank of fire chief or paramedic chief; and | ||||||
5 | (4) is subject to the maximum age restrictions | ||||||
6 | consistent with the ordinances of the City of Chicago that | ||||||
7 | govern active sworn members of the Chicago Fire Department. | ||||||
8 | (e) The advisory board shall adopt all necessary rules and | ||||||
9 | procedures it finds necessary to carry out the process of | ||||||
10 | recommending qualified candidates. The City of Chicago shall | ||||||
11 | provide administrative and other support to the advisory board. | ||||||
12 | (f) The regulation of the advisory board and the regulation | ||||||
13 | of appointments of fire chiefs or paramedic chiefs in the | ||||||
14 | Chicago Fire Department are exclusive powers and functions of | ||||||
15 | the State. The City of Chicago may not regulate the advisory | ||||||
16 | board or regulate appointments of fire chiefs or paramedic | ||||||
17 | chiefs in the Chicago Fire Department. This Section is a denial | ||||||
18 | and limitation of home rule powers and functions under | ||||||
19 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
20 | Constitution.
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21 | (65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
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22 | Sec. 11-10-2. (a) A department foreign fire insurance board | ||||||
23 | shall be created within the fire department of each | ||||||
24 | municipality with fewer than 500,000 inhabitants that has an | ||||||
25 | organized fire department. The board shall consist of 7 |
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1 | trustees; the fire chief, who shall hold office by virtue of | ||||||
2 | rank, and 6 members, who shall be elected at large by the sworn | ||||||
3 | members of the department. If there is an insufficient number | ||||||
4 | of candidates to fill all these positions, the number of board | ||||||
5 | members may be reduced, but not to fewer than 3 trustees. All | ||||||
6 | members of the department shall be eligible to be elected as
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7 | officers of the department foreign fire insurance board. The | ||||||
8 | members of this board shall annually elect officers. These | ||||||
9 | officers
shall be a chairman and a treasurer. The trustees of | ||||||
10 | the department foreign fire insurance board shall make all | ||||||
11 | needful rules and
regulations with respect to the department | ||||||
12 | foreign fire insurance board and
the management of the money to | ||||||
13 | be appropriated to the board. The officers of the department | ||||||
14 | foreign fire insurance board
shall develop and maintain a | ||||||
15 | listing of those items that the board feels are
appropriate
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16 | expenditures under this Act. The treasurer of the department | ||||||
17 | foreign
fire insurance board shall give a sufficient bond to | ||||||
18 | the municipality
in which the fire department is organized. | ||||||
19 | This bond shall be approved by
the mayor or president, as the | ||||||
20 | case may be, conditioned upon the faithful
performance by the | ||||||
21 | treasurer of his or her duties under the ordinance and
the | ||||||
22 | rules and regulations provided for in this section. The | ||||||
23 | treasurer
of the department foreign fire insurance board shall | ||||||
24 | receive the
appropriated money and shall pay out the money upon | ||||||
25 | the
order of the department foreign fire insurance board for | ||||||
26 | the
maintenance, use, and benefit of the department.
As part of |
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1 | the annual municipal audit, these funds shall be audited to | ||||||
2 | verify
that the funds have been expended by that board only for | ||||||
3 | the maintenance, use, and benefit of the
department.
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4 | (b) As used in this subsection, "active member" means a | ||||||
5 | member of the Chicago Fire Department who is not receiving a | ||||||
6 | disability pension, retired, or a deferred pensioner of the | ||||||
7 | Firemen's Annuity and Benefit Fund of Chicago. | ||||||
8 | A department foreign fire insurance board is created within | ||||||
9 | the Chicago Fire Department. The board shall consist of 7 | ||||||
10 | trustees who shall be initially elected on or before January 1, | ||||||
11 | 2019: the fire commissioner, who shall hold office by virtue of | ||||||
12 | rank, and 6 elected trustees, who shall be elected at large by | ||||||
13 | the sworn members of the department. If there is an | ||||||
14 | insufficient number of candidates seeking election to each | ||||||
15 | vacant trustee position, the number of board members is reduced | ||||||
16 | to 5 trustees, including the fire commissioner of the | ||||||
17 | department, until the next election cycle when there are enough | ||||||
18 | active members seeking election to fill all 7 member seats. All | ||||||
19 | active members are eligible to be elected as trustees of the | ||||||
20 | department foreign fire insurance board. Of the trustees first | ||||||
21 | elected, 3 trustees shall be elected to a 2-year term and 3 | ||||||
22 | trustees shall be elected to a 3-year term. After the initial | ||||||
23 | election, a trustee shall be elected for a term of 3 years. If | ||||||
24 | a member of the board resigns, is removed, or is unable to | ||||||
25 | continue serving on the board, the vacancy shall be filled by | ||||||
26 | special election of the active members or, in the case of a |
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1 | vacancy that will exist for fewer than 180 days until the term | ||||||
2 | expires, by appointment by majority vote of the members of the | ||||||
3 | board. | ||||||
4 | The members of the board shall annually elect officers. | ||||||
5 | These officers shall be a chairman, treasurer, and secretary. | ||||||
6 | The trustees of the board shall make rules and regulations with | ||||||
7 | respect to the board and the management of the money | ||||||
8 | appropriated to the board. The officers of the board shall | ||||||
9 | develop and maintain a listing of those items that the board | ||||||
10 | believes are appropriate expenditures under this subsection. | ||||||
11 | The treasurer of the board shall give a sufficient bond to the | ||||||
12 | City of Chicago. The cost of the bond shall be paid out of the | ||||||
13 | moneys in the board's fund. The bond shall be conditioned upon | ||||||
14 | the faithful performance by the treasurer of his or her duties | ||||||
15 | under the rules and regulations provided for in this | ||||||
16 | subsection. The treasurer of the board shall receive the | ||||||
17 | appropriated proceeds and shall disburse the proceeds upon the | ||||||
18 | order of the board for the maintenance, use, and benefit of the | ||||||
19 | department consistent with this subsection. As part of the | ||||||
20 | annual municipal audit, these funds shall be audited to verify | ||||||
21 | that the funds have been expended lawfully by the board | ||||||
22 | consistent with this subsection. | ||||||
23 | Within 30 days after receipt of any foreign fire insurance | ||||||
24 | proceeds by the City of Chicago, the City of Chicago shall | ||||||
25 | transfer the proceeds to the board by depositing the proceeds | ||||||
26 | into an account determined by the board, except that if the |
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1 | effective date of this amendatory Act of the 100th General | ||||||
2 | Assembly is after July 31, 2018, then the City of Chicago | ||||||
3 | shall, for budget year 2019 only, transfer only 50% of the | ||||||
4 | proceeds to the board. Notwithstanding any other provision of | ||||||
5 | law: 50% of the foreign fire insurance proceeds received by the | ||||||
6 | board shall be used for the maintenance, use, benefit, or | ||||||
7 | enhancement of fire stations or training facilities used by the | ||||||
8 | active members of the fire department; 25% of the foreign fire | ||||||
9 | insurance proceeds received by the board shall be used for the | ||||||
10 | maintenance, use, benefit, or enhancement of emergency | ||||||
11 | response vehicles, tools, and equipment used by the active | ||||||
12 | members of the department; and 25% of the foreign fire | ||||||
13 | insurance proceeds received by the board shall be used for the | ||||||
14 | maintenance and enhancement of the department and for the use | ||||||
15 | and benefit of the active members of the department in a manner | ||||||
16 | otherwise consistent with this Act. Foreign fire insurance | ||||||
17 | proceeds may not be used to purchase, maintain, or enhance | ||||||
18 | personal property of a member of the department, except for | ||||||
19 | personal property used in the performance of his or her duties | ||||||
20 | or training activities. | ||||||
21 | (c) The provisions of this Section shall be the exclusive | ||||||
22 | power of the
State, pursuant to subsection (h) of Section 6 of | ||||||
23 | Article VII of the
Constitution.
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24 | (Source: P.A. 95-807, eff. 8-12-08; 96-505, eff. 8-14-09.)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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