Full Text of SB1304 100th General Assembly
SB1304 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1304 Introduced 2/9/2017, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/10-1-7.3 new | | 65 ILCS 5/10-2.1-4 | from Ch. 24, par. 10-2.1-4 | 70 ILCS 705/16.04b new | |
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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: (1) 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; and an associate degree in fire science or a bachelor's degree from an accredited university or college; or (2) a minimum of 10 years' experience as a firefighter at the fire department, or fire protection district, in the jurisdiction making the appointment. Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 10-2.1-4 and by adding Section 10-1-7.3 as | 6 | | follows: | 7 | | (65 ILCS 5/10-1-7.3 new) | 8 | | Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding | 9 | | any other provision in this Division, after the effective date | 10 | | of this amendatory Act of the 100th General Assembly, a person | 11 | | shall not be appointed as the chief, the acting chief, the | 12 | | 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) Office of the State Fire Marshal Firefighter Basic | 17 | | Certification or Firefighter II Certification; Office of | 18 | | the State Fire Marshal Fire Officer I and II | 19 | | Certifications; and an associate degree in fire science or | 20 | | a bachelor's degree from an accredited university or | 21 | | college; or | 22 | | (2) a minimum of 10 years' experience as a firefighter | 23 | | at the fire department in the jurisdiction making the |
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| 1 | | appointment.
| 2 | | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| 3 | | Sec. 10-2.1-4. Fire and police departments; Appointment of
| 4 | | members; Certificates of appointments. The board of fire and | 5 | | police commissioners shall appoint all officers
and members of | 6 | | the fire and police departments of the municipality,
including | 7 | | the chief of police and the chief of the fire department,
| 8 | | unless the council or board of trustees shall by ordinance as | 9 | | to them
otherwise provide; except as otherwise provided in this | 10 | | Section, and
except that in any municipality which adopts or | 11 | | has
adopted this Division 2.1 and also adopts or has adopted | 12 | | Article 5 of
this Code, the chief of police and the chief of | 13 | | the fire department
shall be appointed by the municipal | 14 | | manager, if it is provided by
ordinance in such municipality | 15 | | that such chiefs, or either of them,
shall not be appointed by | 16 | | the board of fire and police commissioners.
| 17 | | If the chief of the fire department or the chief of the | 18 | | police department
or both of them are appointed in the manner | 19 | | provided by ordinance, they
may be removed or discharged by the | 20 | | appointing authority. In such case
the appointing authority | 21 | | shall file with the corporate authorities the reasons
for such | 22 | | removal or discharge, which removal or discharge shall not | 23 | | become
effective unless confirmed by a majority vote of the | 24 | | corporate authorities.
| 25 | | After the effective date of this amendatory Act of the |
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| 1 | | 100th General Assembly, a person shall not be appointed as the | 2 | | chief, the acting chief, the department head, or a position, by | 3 | | whatever title, that is responsible for day-to-day operations | 4 | | of a fire department for greater than 180 days unless he or she | 5 | | possesses the following qualifications and certifications: | 6 | | (1) Office of the State Fire Marshal Firefighter Basic | 7 | | Certification or Firefighter II Certification; Office of | 8 | | the State Fire Marshal Fire Officer I and II | 9 | | Certifications; and an associate degree in fire science or | 10 | | a bachelor's degree from an accredited university or | 11 | | college; or | 12 | | (2) a minimum of 10 years' experience as a firefighter | 13 | | at the fire department in the jurisdiction making the | 14 | | appointment. | 15 | | If a member of the department is appointed chief of police | 16 | | or chief
of the fire department prior to being eligible to | 17 | | retire on pension, he
shall be considered as on furlough from | 18 | | the rank he held immediately
prior to his appointment as chief. | 19 | | If he resigns as chief or is
discharged as chief prior to | 20 | | attaining eligibility to retire on pension,
he shall revert to | 21 | | and be established in whatever rank he currently holds,
except | 22 | | for previously appointed positions, and thereafter
be entitled | 23 | | to all the benefits and emoluments of that rank,
without regard | 24 | | as to whether a vacancy then exists in that rank.
| 25 | | All appointments to each department other than that of the | 26 | | lowest
rank, however, shall be from the rank next below that to |
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| 1 | | which the
appointment is made except as otherwise provided in | 2 | | this Section, and
except that the chief of police and the chief | 3 | | of the
fire department may be appointed from among members of | 4 | | the police and
fire departments, respectively, regardless of | 5 | | rank, unless the council
or board of trustees shall have by | 6 | | ordinance as to them otherwise provided.
A chief of police or | 7 | | the chief of the fire department, having been appointed
from | 8 | | among members
of the police or fire department, respectively, | 9 | | shall be permitted, regardless
of rank, to
take promotional
| 10 | | exams and be promoted to a higher classified rank than he | 11 | | currently holds,
without having to
resign as chief of police or | 12 | | chief of the fire department.
| 13 | | The sole authority to issue certificates of appointment | 14 | | shall be
vested in the Board of Fire and Police Commissioners | 15 | | and all
certificates of appointments issued to any officer or | 16 | | member of the fire
or police department of a municipality shall | 17 | | be signed by the chairman
and secretary respectively of the | 18 | | board of fire and police commissioners
of such municipality, | 19 | | upon appointment of such officer or member of the
fire and | 20 | | police department of such municipality by action of the board
| 21 | | of fire and police commissioners. In any municipal fire | 22 | | department that employs full-time firefighters and is subject | 23 | | to a collective bargaining agreement, a person who has not | 24 | | qualified for regular appointment under the provisions of this | 25 | | Division 2.1 shall not be used as a temporary or permanent | 26 | | substitute for classified members of a municipality's fire |
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| 1 | | department or for regular appointment as a classified member of | 2 | | a municipality's fire department unless mutually agreed to by | 3 | | the employee's certified bargaining agent. Such agreement | 4 | | shall be considered a permissive subject of bargaining. | 5 | | Municipal fire departments covered by the changes made by this | 6 | | amendatory Act of the 95th General Assembly that are using | 7 | | non-certificated employees as substitutes immediately prior to | 8 | | the effective date of this amendatory Act of the 95th General | 9 | | Assembly may, by mutual agreement with the certified bargaining | 10 | | agent, continue the existing practice or a modified practice | 11 | | and that agreement shall be considered a permissive subject of | 12 | | bargaining. A home rule unit may not regulate the hiring of | 13 | | temporary or substitute members of the municipality's fire | 14 | | department in a manner that is inconsistent with this Section. | 15 | | This Section is a limitation under subsection (i) of Section 6 | 16 | | of Article VII of the Illinois Constitution on the concurrent | 17 | | exercise by home rule units of powers and functions exercised | 18 | | by the State.
| 19 | | The term "policemen" as used in this Division does not | 20 | | include
auxiliary police officers except as provided for in | 21 | | Section 10-2.1-6.
| 22 | | Any full time member of a regular fire or police department | 23 | | of any
municipality which comes under the provisions of this | 24 | | Division or adopts
this Division 2.1 or which has adopted any | 25 | | of the prior Acts pertaining to
fire and police commissioners, | 26 | | is a city officer.
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| 1 | | Notwithstanding any other provision of this Section, the | 2 | | Chief of
Police of a department in a non-home rule municipality | 3 | | of more than 130,000
inhabitants may, without the advice or | 4 | | consent of the Board of
Fire and Police Commissioners, appoint | 5 | | up to 6 officers who shall be known
as deputy chiefs or | 6 | | assistant deputy chiefs, and whose rank shall be
immediately | 7 | | below that of Chief. The deputy or assistant deputy chiefs may
| 8 | | be appointed from any rank of sworn officers of that | 9 | | municipality, but no
person who is not such a sworn officer may | 10 | | be so appointed. Such deputy
chief or assistant deputy chief | 11 | | shall have the authority to direct and
issue orders to all | 12 | | employees of the Department holding the rank of captain
or any | 13 | | lower rank.
A deputy chief of police or assistant deputy chief | 14 | | of police, having been
appointed from any rank
of sworn | 15 | | officers of that municipality, shall be permitted, regardless | 16 | | of rank,
to take promotional
exams and be promoted to a higher | 17 | | classified rank than he currently holds,
without having to
| 18 | | resign as deputy chief of police or assistant deputy chief of | 19 | | police.
| 20 | | Notwithstanding any other provision of this Section, a | 21 | | non-home rule
municipality of 130,000 or fewer inhabitants, | 22 | | through its council or board
of trustees, may, by ordinance, | 23 | | provide for a position of deputy chief to be
appointed by the | 24 | | chief of the police department. The ordinance shall provide
for | 25 | | no more than one deputy chief position if the police department | 26 | | has fewer
than 25 full-time police officers and for no more |
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| 1 | | than 2 deputy chief positions
if the police department has 25 | 2 | | or more full-time police officers. The deputy
chief position
| 3 | | shall be an exempt rank immediately below that of Chief. The | 4 | | deputy chief may
be appointed from any rank of sworn, full-time | 5 | | officers of the municipality's
police department, but must have | 6 | | at least 5 years of full-time service as a
police officer in | 7 | | that department. A deputy chief shall serve at the
discretion | 8 | | of the Chief and, if removed from the position,
shall revert to | 9 | | the rank currently held, without regard as to whether a
vacancy | 10 | | exists in
that rank. A deputy chief
of police, having been | 11 | | appointed from any rank of sworn full-time officers of
that | 12 | | municipality's
police department, shall be permitted, | 13 | | regardless of rank, to take promotional
exams and be
promoted | 14 | | to a higher classified rank than he currently holds, without | 15 | | having to
resign as deputy
chief of police.
| 16 | | No municipality having a population less than 1,000,000 | 17 | | shall require
that any firefighter appointed to the lowest
rank | 18 | | serve a probationary employment period of longer than one year. | 19 | | The
limitation on periods of probationary employment provided | 20 | | in this
amendatory Act of 1989 is an exclusive power and | 21 | | function of the State.
Pursuant to subsection (h) of Section 6 | 22 | | of Article VII of the Illinois
Constitution, a home rule | 23 | | municipality having a population less than 1,000,000
must | 24 | | comply with this limitation on periods of probationary | 25 | | employment, which
is a denial and limitation of home rule | 26 | | powers. Notwithstanding anything to
the contrary in this |
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| 1 | | Section, the probationary employment period limitation
may be | 2 | | extended for a firefighter who is required, as a condition of | 3 | | employment, to be a licensed paramedic, during which time the | 4 | | sole reason that a firefighter may be discharged without a | 5 | | hearing is for failing to meet the requirements for paramedic | 6 | | licensure.
| 7 | | To the extent that this Section or any other Section in | 8 | | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | 9 | | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. | 10 | | (Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12; | 11 | | 98-973, eff. 8-15-14.)
| 12 | | Section 10. The Fire Protection District Act is amended by | 13 | | adding Section 16.04b as follows: | 14 | | (70 ILCS 705/16.04b new) | 15 | | Sec. 16.04b. Appointment of fire chief. Notwithstanding | 16 | | any other provision in this Act, after the effective date of | 17 | | this amendatory Act of the 100th General Assembly, a person | 18 | | shall not be appointed as the chief, the acting chief, the | 19 | | department head, or a position, by whatever title, that is | 20 | | responsible for day-to-day operations of a fire protection | 21 | | district for greater than 180 days unless he or she possesses | 22 | | the following qualifications and certifications: | 23 | | (1) Office of the State Fire Marshal Firefighter Basic | 24 | | Certification or Firefighter II Certification; Office of |
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| 1 | | the State Fire Marshal Fire Officer I and II | 2 | | Certifications; and an associate degree in fire science or | 3 | | a bachelor's degree from an accredited university or | 4 | | college; or | 5 | | (2) a minimum of 10 years' experience as a firefighter | 6 | | in the fire protection district of the jurisdiction making | 7 | | the appointment.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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