101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3439

 

Introduced , by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-1-7.3
65 ILCS 5/10-2.1-4  from Ch. 24, par. 10-2.1-4
70 ILCS 705/16.04b

    Amends the Illinois Municipal Code and Fire Protection District Act. Removes a requirement that 10 years' experience must be at the fire department from which the appointment is being made if a person is appointed fire chief for more than 180 days. Provides that a person not meeting any of the 4 specified qualifications for a fire chief may be hired as fire chief for up to one year on the condition that the person obtain one of the applicable certifications within one year of appointment. Effective January 1, 2020.


LRB101 11215 AWJ 56474 b

 

 

A BILL FOR

 

HB3439LRB101 11215 AWJ 56474 b

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 Illinois Municipal Code is amended by
5changing Sections 10-1-7.3 and 10-2.1-4 as follows:
 
6    (65 ILCS 5/10-1-7.3)
7    Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding
8any other provision in this Division and except as provided
9below, after the effective date of this amendatory Act of the
10101st 100th General Assembly, a person shall not be appointed
11as the chief, the acting chief, the department head, or a
12position, by whatever title, that is responsible for day-to-day
13operations of a fire department for greater than 180 days
14unless he or she possesses the following qualifications and
15certifications:
16        (1) Office of the State Fire Marshal Basic Operations
17    Firefighter Certification or Office of the State Fire
18    Marshal Firefighter II Certification; Office of the State
19    Fire Marshal Advanced Fire Officer Certification or Office
20    of the State Fire Marshal Fire Officer II Certification;
21    and an associate degree in fire science or a bachelor's
22    degree from an accredited university or college;
23        (2) a current certification from the International

 

 

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1    Fire Service Accreditation Congress or Pro Board Fire
2    Service Professional Qualifications System that meets the
3    National Fire Protection Association standard NFPA 1001,
4    Standard for Fire Fighter Professional Qualifications,
5    Level I job performance requirements; a current
6    certification from the International Fire Service
7    Accreditation Congress or Pro Board Fire Service
8    Professional Qualifications System that meets the National
9    Fire Protection Association standard NFPA 1021, Standard
10    for Fire Officer Professional Qualifications, Fire Officer
11    II job performance requirements; and an associate degree in
12    fire science or a bachelor's degree from an accredited
13    university or college;
14        (3) qualifications that meet the National Fire
15    Protection Association standard NFPA 1001, Standard for
16    Fire Fighter Professional Qualifications, Level I job
17    performance requirements; qualifications that meet the
18    National Fire Protection Association standard NFPA 1021,
19    Standard for Fire Officer Professional Qualifications,
20    Fire Officer II job performance requirements; and an
21    associate degree in fire science or a bachelor's degree
22    from an accredited university or college; or
23        (4) a minimum of 10 years' experience as a firefighter
24    at the fire department in the jurisdiction making the
25    appointment.
26    A person who does not otherwise qualify to be appointed the

 

 

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1chief under this Section may be appointed up to one year on the
2condition that the person obtain certification under paragraph
3(1), (2), or (3) within one year of appointment.
4    This Section applies to fire departments that employ
5firefighters hired under the provisions of this Division. This
6Section does not apply to a municipality with more than
71,000,000 inhabitants.
8    On and after the effective date of this amendatory Act of
9the 100th General Assembly, a home rule municipality may not
10appoint a fire chief, an acting chief, a department head, or a
11position, by whatever title, that is responsible for day-to-day
12operations of a fire department for greater than 180 days in a
13manner inconsistent with this Section. This Section is a
14limitation under subsection (i) of Section 6 of Article VII of
15the Illinois Constitution on the concurrent exercise by home
16rule units of powers and functions exercised by the State.
17(Source: P.A. 100-425, eff. 8-25-17; 100-1126, eff. 1-1-19.)
 
18    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
19    Sec. 10-2.1-4. Fire and police departments; appointment of
20members; certificates of appointments. The board of fire and
21police commissioners shall appoint all officers and members of
22the fire and police departments of the municipality, including
23the chief of police and the chief of the fire department,
24unless the council or board of trustees shall by ordinance as
25to them otherwise provide; except as otherwise provided in this

 

 

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1Section, and except that in any municipality which adopts or
2has adopted this Division 2.1 and also adopts or has adopted
3Article 5 of this Code, the chief of police and the chief of
4the fire department shall be appointed by the municipal
5manager, if it is provided by ordinance in such municipality
6that such chiefs, or either of them, shall not be appointed by
7the board of fire and police commissioners.
8    If the chief of the fire department or the chief of the
9police department or both of them are appointed in the manner
10provided by ordinance, they may be removed or discharged by the
11appointing authority. In such case the appointing authority
12shall file with the corporate authorities the reasons for such
13removal or discharge, which removal or discharge shall not
14become effective unless confirmed by a majority vote of the
15corporate authorities.
16    Except as otherwise provided in this paragraph, after the
17effective date of this amendatory Act of the 101st General
18Assembly After August 25, 2017 (the effective date of Public
19Act 100-425) this amendatory Act of the 100th General Assembly,
20a person shall not be appointed as the chief, the acting chief,
21the department head, or a position, by whatever title, that is
22responsible for day-to-day operations of a fire department for
23greater than 180 days unless he or she possesses the following
24qualifications and certifications:
25        (1) Office of the State Fire Marshal Basic Operations
26    Firefighter Certification or Office of the State Fire

 

 

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1    Marshal Firefighter II Certification; Office of the State
2    Fire Marshal Advanced Fire Officer Certification or Office
3    of the State Fire Marshal Fire Officer II Certification;
4    and an associate degree in fire science or a bachelor's
5    degree from an accredited university or college;
6        (2) a current certification from the International
7    Fire Service Accreditation Congress or Pro Board Fire
8    Service Professional Qualifications System that meets the
9    National Fire Protection Association standard NFPA 1001,
10    Standard for Fire Fighter Professional Qualifications,
11    Level I job performance requirements; a current
12    certification from the International Fire Service
13    Accreditation Congress or Pro Board Fire Service
14    Professional Qualifications System that meets the National
15    Fire Protection Association standard NFPA 1021, Standard
16    for Fire Officer Professional Qualifications, Fire Officer
17    II job performance requirements; and an associate degree in
18    fire science or a bachelor's degree from an accredited
19    university or college;
20        (3) qualifications that meet the National Fire
21    Protection Association standard NFPA 1001, Standard for
22    Fire Fighter Professional Qualifications, Level I job
23    performance requirements; qualifications that meet the
24    National Fire Protection Association standard NFPA 1021,
25    Standard for Fire Officer Professional Qualifications,
26    Fire Officer II job performance requirements; and an

 

 

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1    associate degree in fire science or a bachelor's degree
2    from an accredited university or college; or
3        (4) a minimum of 10 years' experience as a firefighter
4    at the fire department in the jurisdiction making the
5    appointment.
6A person who does not otherwise qualify to be appointed the
7chief under this Section may be appointed up to one year on the
8condition that the person obtain certification under item (1),
9(2), or (3) within one year of appointment.
10This paragraph applies to fire departments that employ
11firefighters hired under the provisions of this Division. On
12and after the effective date of this amendatory Act of the
13101st 100th General Assembly, a home rule municipality may not
14appoint a fire chief, an acting chief, a department head, or a
15position, by whatever title, that is responsible for day-to-day
16operations of a fire department for greater than 180 days in a
17manner inconsistent with this paragraph. This paragraph is a
18limitation under subsection (i) of Section 6 of Article VII of
19the Illinois Constitution on the concurrent exercise by home
20rule units of powers and functions exercised by the State.
21    If a member of the department is appointed chief of police
22or chief of the fire department prior to being eligible to
23retire on pension, he shall be considered as on furlough from
24the rank he held immediately prior to his appointment as chief.
25If he resigns as chief or is discharged as chief prior to
26attaining eligibility to retire on pension, he shall revert to

 

 

HB3439- 7 -LRB101 11215 AWJ 56474 b

1and be established in whatever rank he currently holds, except
2for previously appointed positions, and thereafter be entitled
3to all the benefits and emoluments of that rank, without regard
4as to whether a vacancy then exists in that rank.
5    All appointments to each department other than that of the
6lowest rank, however, shall be from the rank next below that to
7which the appointment is made except as otherwise provided in
8this Section, and except that the chief of police and the chief
9of the fire department may be appointed from among members of
10the police and fire departments, respectively, regardless of
11rank, unless the council or board of trustees shall have by
12ordinance as to them otherwise provided. A chief of police or
13the chief of the fire department, having been appointed from
14among members of the police or fire department, respectively,
15shall be permitted, regardless of rank, to take promotional
16exams and be promoted to a higher classified rank than he
17currently holds, without having to resign as chief of police or
18chief of the fire department.
19    The sole authority to issue certificates of appointment
20shall be vested in the Board of Fire and Police Commissioners
21and all certificates of appointments issued to any officer or
22member of the fire or police department of a municipality shall
23be signed by the chairman and secretary respectively of the
24board of fire and police commissioners of such municipality,
25upon appointment of such officer or member of the fire and
26police department of such municipality by action of the board

 

 

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1of fire and police commissioners. After being selected from the
2register of eligibles to fill a vacancy in the affected
3department, each appointee shall be presented with his or her
4certificate of appointment on the day on which he or she is
5sworn in as a classified member of the affected department.
6Firefighters who were not issued a certificate of appointment
7when originally appointed shall be provided with a certificate
8within 10 days after making a written request to the
9chairperson of the Board of Fire and Police Commissioners. In
10any municipal fire department that employs full-time
11firefighters and is subject to a collective bargaining
12agreement, a person who has not qualified for regular
13appointment under the provisions of this Division 2.1 shall not
14be used as a temporary or permanent substitute for classified
15members of a municipality's fire department or for regular
16appointment as a classified member of a municipality's fire
17department unless mutually agreed to by the employee's
18certified bargaining agent. Such agreement shall be considered
19a permissive subject of bargaining. Municipal fire departments
20covered by the changes made by Public Act 95-490 that are using
21non-certificated employees as substitutes immediately prior to
22June 1, 2008 (the effective date of Public Act 95-490) may, by
23mutual agreement with the certified bargaining agent, continue
24the existing practice or a modified practice and that agreement
25shall be considered a permissive subject of bargaining. A home
26rule unit may not regulate the hiring of temporary or

 

 

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1substitute members of the municipality's fire department in a
2manner that is inconsistent with this Section. This Section is
3a limitation under subsection (i) of Section 6 of Article VII
4of the Illinois Constitution on the concurrent exercise by home
5rule units of powers and functions exercised by the State.
6    The term "policemen" as used in this Division does not
7include auxiliary police officers except as provided for in
8Section 10-2.1-6.
9    Any full-time member of a regular fire or police department
10of any municipality which comes under the provisions of this
11Division or adopts this Division 2.1 or which has adopted any
12of the prior Acts pertaining to fire and police commissioners,
13is a city officer.
14    Notwithstanding any other provision of this Section, the
15Chief of Police of a department in a non-home rule municipality
16of more than 130,000 inhabitants may, without the advice or
17consent of the Board of Fire and Police Commissioners, appoint
18up to 6 officers who shall be known as deputy chiefs or
19assistant deputy chiefs, and whose rank shall be immediately
20below that of Chief. The deputy or assistant deputy chiefs may
21be appointed from any rank of sworn officers of that
22municipality, but no person who is not such a sworn officer may
23be so appointed. Such deputy chief or assistant deputy chief
24shall have the authority to direct and issue orders to all
25employees of the Department holding the rank of captain or any
26lower rank. A deputy chief of police or assistant deputy chief

 

 

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1of police, having been appointed from any rank of sworn
2officers of that municipality, shall be permitted, regardless
3of rank, to take promotional exams and be promoted to a higher
4classified rank than he currently holds, without having to
5resign as deputy chief of police or assistant deputy chief of
6police.
7    Notwithstanding any other provision of this Section, a
8non-home rule municipality of 130,000 or fewer inhabitants,
9through its council or board of trustees, may, by ordinance,
10provide for a position of deputy chief to be appointed by the
11chief of the police department. The ordinance shall provide for
12no more than one deputy chief position if the police department
13has fewer than 25 full-time police officers and for no more
14than 2 deputy chief positions if the police department has 25
15or more full-time police officers. The deputy chief position
16shall be an exempt rank immediately below that of Chief. The
17deputy chief may be appointed from any rank of sworn, full-time
18officers of the municipality's police department, but must have
19at least 5 years of full-time service as a police officer in
20that department. A deputy chief shall serve at the discretion
21of the Chief and, if removed from the position, shall revert to
22the rank currently held, without regard as to whether a vacancy
23exists in that rank. A deputy chief of police, having been
24appointed from any rank of sworn full-time officers of that
25municipality's police department, shall be permitted,
26regardless of rank, to take promotional exams and be promoted

 

 

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1to a higher classified rank than he currently holds, without
2having to resign as deputy chief of police.
3    No municipality having a population less than 1,000,000
4shall require that any firefighter appointed to the lowest rank
5serve a probationary employment period of longer than one year.
6The limitation on periods of probationary employment provided
7in Public Act 86-990 is an exclusive power and function of the
8State. Pursuant to subsection (h) of Section 6 of Article VII
9of the Illinois Constitution, a home rule municipality having a
10population less than 1,000,000 must comply with this limitation
11on periods of probationary employment, which is a denial and
12limitation of home rule powers. Notwithstanding anything to the
13contrary in this Section, the probationary employment period
14limitation may be extended for a firefighter who is required,
15as a condition of employment, to be a licensed paramedic,
16during which time the sole reason that a firefighter may be
17discharged without a hearing is for failing to meet the
18requirements for paramedic licensure.
19    To the extent that this Section or any other Section in
20this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
21then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
22(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;
23100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; revised
2412-19-18.)
 
25    Section 10. The Fire Protection District Act is amended by

 

 

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1changing Section 16.04b as follows:
 
2    (70 ILCS 705/16.04b)
3    Sec. 16.04b. Appointment of fire chief. Notwithstanding
4any other provision in this Act and except as provided below,
5after the effective date of this amendatory Act of the 101st
6100th General Assembly, a person shall not be appointed as the
7chief, the acting chief, the department head, or a position, by
8whatever title, that is responsible for day-to-day operations
9of a fire protection district for greater than 180 days unless
10he or she possesses the following qualifications and
11certifications:
12        (1) Office of the State Fire Marshal Basic Operations
13    Firefighter Certification or Office of the State Fire
14    Marshal Firefighter II Certification; Office of the State
15    Fire Marshal Advanced Fire Officer Certification or Office
16    of the State Fire Marshal Fire Officer II Certification;
17    and an associate degree in fire science or a bachelor's
18    degree from an accredited university or college;
19        (2) a current certification from the International
20    Fire Service Accreditation Congress or Pro Board Fire
21    Service Professional Qualifications System that meets the
22    National Fire Protection Association standard NFPA 1001,
23    Standard for Fire Fighter Professional Qualifications,
24    Level I job performance requirements; a current
25    certification from the International Fire Service

 

 

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1    Accreditation Congress or Pro Board Fire Service
2    Professional Qualifications System that meets the National
3    Fire Protection Association standard NFPA 1021, Standard
4    for Fire Officer Professional Qualifications, Fire Officer
5    II job performance requirements; and an associate degree in
6    fire science or a bachelor's degree from an accredited
7    university or college;
8        (3) qualifications that meet the National Fire
9    Protection Association standard NFPA 1001, Standard for
10    Fire Fighter Professional Qualifications, Level I job
11    performance requirements; qualifications that meet the
12    National Fire Protection Association standard NFPA 1021,
13    Standard for Fire Officer Professional Qualifications,
14    Fire Officer II job performance requirements; and an
15    associate degree in fire science or a bachelor's degree
16    from an accredited university or college; or
17        (4) a minimum of 10 years' experience as a firefighter
18    in the fire protection district of the jurisdiction making
19    the appointment.
20    A person who does not otherwise qualify to be appointed the
21chief under this Section may be appointed up to one year on the
22condition that the person obtain certification under paragraph
23(1), (2), or (3) within one year of appointment.
24    This Section applies to fire protection districts that
25employ firefighters hired under the provisions of this Act.
26(Source: P.A. 100-425, eff. 8-25-17; 100-1126, eff. 1-1-19.)
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2020.