Full Text of HB4791 100th General Assembly
HB4791 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4791 Introduced , by Rep. Carol Sente 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 | |
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Amends the Illinois Municipal Code and the Fire Protection District Act. Provides that a person shall not be appointed as the chief, the acting chief, the department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department or fire protection district for greater than 180 days unless he or she possesses certification that meets the National Fire Protection Association's NFPA 1001, Standard for Fire Fighter Professional Qualifications, Fire Fighter II job performance requirements; certification that meets the National Fire Protection Association's NFPA 1021, Standard for Fire Officer Professional Qualifications, Fire Officer II job performance requirements (rather than Office of the State Fire Marshal Firefighter Basic Certification or Firefighter II Certification; Office of the State Fire Marshal Fire Officer I and II Certifications).
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 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 | 8 | | any other provision in this Division, after the effective date | 9 | | of this amendatory Act of the 100th General Assembly, a person | 10 | | shall not be appointed as the chief, the acting chief, the | 11 | | department head, or a position, by whatever title, that is | 12 | | responsible for day-to-day operations of a fire department for | 13 | | greater than 180 days unless he or she possesses the following | 14 | | qualifications and certifications: | 15 | | (1) Certification that meets the National Fire | 16 | | Protection Association's NFPA 1001, Standard for Fire | 17 | | Fighter Professional Qualifications, Fire Fighter II job | 18 | | performance requirements; certification that meets the | 19 | | National Fire Protection Association's NFPA 1021, Standard | 20 | | for Fire Officer Professional Qualifications, Fire Officer | 21 | | II job performance requirements Office of the State Fire | 22 | | Marshal Firefighter Basic Certification or Firefighter II | 23 | | Certification; Office of the State Fire Marshal Fire |
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| 1 | | Officer I and II Certifications ; and an associate degree in | 2 | | fire science or a bachelor's degree from an accredited | 3 | | university or college; or | 4 | | (2) a minimum of 10 years' experience as a firefighter | 5 | | at the fire department in the jurisdiction making the | 6 | | appointment. | 7 | | This Section applies to fire departments that employ | 8 | | firefighters hired under Section 10-1-7.1 or 10-1-7.2 of this | 9 | | Division.
| 10 | | (Source: P.A. 100-425, eff. 8-25-17.)
| 11 | | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| 12 | | Sec. 10-2.1-4. Fire and police departments; appointment of
| 13 | | members; certificates of appointments. The board of fire and | 14 | | police commissioners shall appoint all officers
and members of | 15 | | the fire and police departments of the municipality,
including | 16 | | the chief of police and the chief of the fire department,
| 17 | | unless the council or board of trustees shall by ordinance as | 18 | | to them
otherwise provide; except as otherwise provided in this | 19 | | Section, and
except that in any municipality which adopts or | 20 | | has
adopted this Division 2.1 and also adopts or has adopted | 21 | | Article 5 of
this Code, the chief of police and the chief of | 22 | | the fire department
shall be appointed by the municipal | 23 | | manager, if it is provided by
ordinance in such municipality | 24 | | that such chiefs, or either of them,
shall not be appointed by | 25 | | the board of fire and police commissioners.
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| 1 | | If the chief of the fire department or the chief of the | 2 | | police department
or both of them are appointed in the manner | 3 | | provided by ordinance, they
may be removed or discharged by the | 4 | | appointing authority. In such case
the appointing authority | 5 | | shall file with the corporate authorities the reasons
for such | 6 | | removal or discharge, which removal or discharge shall not | 7 | | become
effective unless confirmed by a majority vote of the | 8 | | corporate authorities.
| 9 | | After August 25, 2017 ( the effective date of Public Act | 10 | | 100-425) this amendatory Act of the 100th General Assembly , a | 11 | | person shall not be appointed as the chief, the acting chief, | 12 | | the department head, or a position, by whatever title, that is | 13 | | responsible for day-to-day operations of a fire department for | 14 | | greater than 180 days unless he or she possesses the following | 15 | | qualifications and certifications: | 16 | | (1) Certification that meets the National Fire | 17 | | Protection Association's NFPA 1001, Standard for Fire | 18 | | Fighter Professional Qualifications, Fire Fighter II job | 19 | | performance requirements; certification that meets the | 20 | | National Fire Protection Association's NFPA 1021, Standard | 21 | | for Fire Officer Professional Qualifications, Fire Officer | 22 | | II job performance requirements Office of the State Fire | 23 | | Marshal Firefighter Basic Certification or Firefighter II | 24 | | Certification; Office of the State Fire Marshal Fire | 25 | | Officer I and II Certifications ; and an associate degree in | 26 | | fire science or a bachelor's degree from an accredited |
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| 1 | | university or college; or | 2 | | (2) a minimum of 10 years' experience as a firefighter | 3 | | at the fire department in the jurisdiction making the | 4 | | appointment. | 5 | | This paragraph applies to fire departments that employ | 6 | | firefighters hired under the provisions of this Division. | 7 | | If a member of the department is appointed chief of police | 8 | | or chief
of the fire department prior to being eligible to | 9 | | retire on pension, he
shall be considered as on furlough from | 10 | | the rank he held immediately
prior to his appointment as chief. | 11 | | If he resigns as chief or is
discharged as chief prior to | 12 | | attaining eligibility to retire on pension,
he shall revert to | 13 | | and be established in whatever rank he currently holds,
except | 14 | | for previously appointed positions, and thereafter
be entitled | 15 | | to all the benefits and emoluments of that rank,
without regard | 16 | | as to whether a vacancy then exists in that rank.
| 17 | | All appointments to each department other than that of the | 18 | | lowest
rank, however, shall be from the rank next below that to | 19 | | which the
appointment is made except as otherwise provided in | 20 | | this Section, and
except that the chief of police and the chief | 21 | | of the
fire department may be appointed from among members of | 22 | | the police and
fire departments, respectively, regardless of | 23 | | rank, unless the council
or board of trustees shall have by | 24 | | ordinance as to them otherwise provided.
A chief of police or | 25 | | the chief of the fire department, having been appointed
from | 26 | | among members
of the police or fire department, respectively, |
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| 1 | | shall be permitted, regardless
of rank, to
take promotional
| 2 | | exams and be promoted to a higher classified rank than he | 3 | | currently holds,
without having to
resign as chief of police or | 4 | | chief of the fire department.
| 5 | | The sole authority to issue certificates of appointment | 6 | | shall be
vested in the Board of Fire and Police Commissioners | 7 | | and all
certificates of appointments issued to any officer or | 8 | | member of the fire
or police department of a municipality shall | 9 | | be signed by the chairman
and secretary respectively of the | 10 | | board of fire and police commissioners
of such municipality, | 11 | | upon appointment of such officer or member of the
fire and | 12 | | police department of such municipality by action of the board
| 13 | | of fire and police commissioners. After being selected from the | 14 | | register of eligibles to fill a vacancy in the affected | 15 | | department, each appointee shall be presented with his or her | 16 | | certificate of appointment on the day on which he or she is | 17 | | sworn in as a classified member of the affected department. | 18 | | Firefighters who were not issued a certificate of appointment | 19 | | when originally appointed shall be provided with a certificate | 20 | | within 10 days after making a written request to the | 21 | | chairperson of the Board of Fire and Police Commissioners. In | 22 | | any municipal fire department that employs full-time | 23 | | firefighters and is subject to a collective bargaining | 24 | | agreement, a person who has not qualified for regular | 25 | | appointment under the provisions of this Division 2.1 shall not | 26 | | be used as a temporary or permanent substitute for classified |
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| 1 | | members of a municipality's fire department or for regular | 2 | | appointment as a classified member of a municipality's fire | 3 | | department unless mutually agreed to by the employee's | 4 | | certified bargaining agent. Such agreement shall be considered | 5 | | a permissive subject of bargaining. Municipal fire departments | 6 | | covered by the changes made by Public Act 95-490 this | 7 | | amendatory Act of the 95th General Assembly that are using | 8 | | non-certificated employees as substitutes immediately prior to | 9 | | June 1, 2008 ( the effective date of Public Act 95-490) this | 10 | | amendatory Act of the 95th General Assembly may, by mutual | 11 | | agreement with the certified bargaining agent, continue the | 12 | | existing practice or a modified practice and that agreement | 13 | | shall be considered a permissive subject of bargaining. A home | 14 | | rule unit may not regulate the hiring of temporary or | 15 | | substitute members of the municipality's fire department in a | 16 | | manner that is inconsistent with this Section. This Section is | 17 | | a limitation under subsection (i) of Section 6 of Article VII | 18 | | of the Illinois Constitution on the concurrent exercise by home | 19 | | rule units of powers and functions exercised by the State.
| 20 | | The term "policemen" as used in this Division does not | 21 | | include
auxiliary police officers except as provided for in | 22 | | Section 10-2.1-6.
| 23 | | Any full-time full time member of a regular fire or police | 24 | | department of any
municipality which comes under the provisions | 25 | | of this Division or adopts
this Division 2.1 or which has | 26 | | adopted any of the prior Acts pertaining to
fire and police |
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| 1 | | commissioners, is a city officer.
| 2 | | Notwithstanding any other provision of this Section, the | 3 | | Chief of
Police of a department in a non-home rule municipality | 4 | | of more than 130,000
inhabitants may, without the advice or | 5 | | consent of the Board of
Fire and Police Commissioners, appoint | 6 | | up to 6 officers who shall be known
as deputy chiefs or | 7 | | assistant deputy chiefs, and whose rank shall be
immediately | 8 | | below that of Chief. The deputy or assistant deputy chiefs may
| 9 | | be appointed from any rank of sworn officers of that | 10 | | municipality, but no
person who is not such a sworn officer may | 11 | | be so appointed. Such deputy
chief or assistant deputy chief | 12 | | shall have the authority to direct and
issue orders to all | 13 | | employees of the Department holding the rank of captain
or any | 14 | | lower rank.
A deputy chief of police or assistant deputy chief | 15 | | of police, having been
appointed from any rank
of sworn | 16 | | officers of that municipality, shall be permitted, regardless | 17 | | of rank,
to take promotional
exams and be promoted to a higher | 18 | | classified rank than he currently holds,
without having to
| 19 | | resign as deputy chief of police or assistant deputy chief of | 20 | | police.
| 21 | | Notwithstanding any other provision of this Section, a | 22 | | non-home rule
municipality of 130,000 or fewer inhabitants, | 23 | | through its council or board
of trustees, may, by ordinance, | 24 | | provide for a position of deputy chief to be
appointed by the | 25 | | chief of the police department. The ordinance shall provide
for | 26 | | no more than one deputy chief position if the police department |
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| 1 | | has fewer
than 25 full-time police officers and for no more | 2 | | than 2 deputy chief positions
if the police department has 25 | 3 | | or more full-time police officers. The deputy
chief position
| 4 | | shall be an exempt rank immediately below that of Chief. The | 5 | | deputy chief may
be appointed from any rank of sworn, full-time | 6 | | officers of the municipality's
police department, but must have | 7 | | at least 5 years of full-time service as a
police officer in | 8 | | that department. A deputy chief shall serve at the
discretion | 9 | | of the Chief and, if removed from the position,
shall revert to | 10 | | the rank currently held, without regard as to whether a
vacancy | 11 | | exists in
that rank. A deputy chief
of police, having been | 12 | | appointed from any rank of sworn full-time officers of
that | 13 | | municipality's
police department, shall be permitted, | 14 | | regardless of rank, to take promotional
exams and be
promoted | 15 | | to a higher classified rank than he currently holds, without | 16 | | having to
resign as deputy
chief of police.
| 17 | | No municipality having a population less than 1,000,000 | 18 | | shall require
that any firefighter appointed to the lowest
rank | 19 | | serve a probationary employment period of longer than one year. | 20 | | The
limitation on periods of probationary employment provided | 21 | | in Public Act 86-990 this
amendatory Act of 1989 is an | 22 | | exclusive power and function of the State.
Pursuant to | 23 | | subsection (h) of Section 6 of Article VII of the Illinois
| 24 | | Constitution, a home rule municipality having a population less | 25 | | than 1,000,000
must comply with this limitation on periods of | 26 | | probationary employment, which
is a denial and limitation of |
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| 1 | | home rule powers. Notwithstanding anything to
the contrary in | 2 | | this Section, the probationary employment period limitation
| 3 | | may be extended for a firefighter who is required, as a | 4 | | condition of employment, to be a licensed paramedic, during | 5 | | which time the sole reason that a firefighter may be discharged | 6 | | without a hearing is for failing to meet the requirements for | 7 | | paramedic licensure.
| 8 | | To the extent that this Section or any other Section in | 9 | | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | 10 | | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. | 11 | | (Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17; | 12 | | revised 10-3-17.)
| 13 | | Section 10. The Fire Protection District Act is amended by | 14 | | changing Section 16.04b as follows: | 15 | | (70 ILCS 705/16.04b) | 16 | | Sec. 16.04b. Appointment of fire chief. Notwithstanding | 17 | | any other provision in this Act, after the effective date of | 18 | | this amendatory Act of the 100th General Assembly, a person | 19 | | shall not be appointed as the chief, the acting chief, the | 20 | | department head, or a position, by whatever title, that is | 21 | | responsible for day-to-day operations of a fire protection | 22 | | district for greater than 180 days unless he or she possesses | 23 | | the following qualifications and certifications: | 24 | | (1) Certification that meets the National Fire |
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| 1 | | Protection Association's NFPA 1001, Standard for Fire | 2 | | Fighter Professional Qualifications, Fire Fighter II job | 3 | | performance requirements; certification that meets the | 4 | | National Fire Protection Association's NFPA 1021, Standard | 5 | | for Fire Officer Professional Qualifications, Fire Officer | 6 | | II job performance requirements Office of the State Fire | 7 | | Marshal Firefighter Basic Certification or Firefighter II | 8 | | Certification; Office of the State Fire Marshal Fire | 9 | | Officer I and II Certifications ; and an associate degree in | 10 | | fire science or a bachelor's degree from an accredited | 11 | | university or college; or | 12 | | (2) a minimum of 10 years' experience as a firefighter | 13 | | in the fire protection district of the jurisdiction making | 14 | | the appointment. | 15 | | This Section applies to fire protection districts that | 16 | | employ firefighters hired under the provisions of this Act.
| 17 | | (Source: P.A. 100-425, eff. 8-25-17.)
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