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.