Bill Text: IL SB1304 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 20-5)

Status: (Enrolled) 2017-06-28 - Sent to the Governor [SB1304 Detail]

Download: Illinois-2017-SB1304-Enrolled.html



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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 Illinois Municipal Code is amended by
5changing Section 10-2.1-4 and by adding Section 10-1-7.3 as
6follows:
7 (65 ILCS 5/10-1-7.3 new)
8 Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding
9any other provision in this Division, after the effective date
10of this amendatory Act of the 100th General Assembly, a person
11shall not be appointed as the chief, the acting chief, the
12department head, or a position, by whatever title, that is
13responsible for day-to-day operations of a fire department for
14greater than 180 days unless he or she possesses the following
15qualifications 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 This Section applies to fire departments that employ
3firefighters hired under Section 10-1-7.1 or 10-1-7.2 of this
4Division.
5 (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
6 Sec. 10-2.1-4. Fire and police departments; Appointment of
7members; Certificates of appointments.The board of fire and
8police commissioners shall appoint all officers and members of
9the fire and police departments of the municipality, including
10the chief of police and the chief of the fire department,
11unless the council or board of trustees shall by ordinance as
12to them otherwise provide; except as otherwise provided in this
13Section, and except that in any municipality which adopts or
14has adopted this Division 2.1 and also adopts or has adopted
15Article 5 of this Code, the chief of police and the chief of
16the fire department shall be appointed by the municipal
17manager, if it is provided by ordinance in such municipality
18that such chiefs, or either of them, shall not be appointed by
19the board of fire and police commissioners.
20 If the chief of the fire department or the chief of the
21police department or both of them are appointed in the manner
22provided by ordinance, they may be removed or discharged by the
23appointing authority. In such case the appointing authority
24shall file with the corporate authorities the reasons for such
25removal or discharge, which removal or discharge shall not

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1become effective unless confirmed by a majority vote of the
2corporate authorities.
3 After the effective date of this amendatory Act of the
4100th General Assembly, a person shall not be appointed as the
5chief, the acting chief, the department head, or a position, by
6whatever title, that is responsible for day-to-day operations
7of a fire department for greater than 180 days unless he or she
8possesses the following qualifications and certifications:
9 (1) Office of the State Fire Marshal Firefighter Basic
10 Certification or Firefighter II Certification; Office of
11 the State Fire Marshal Fire Officer I and II
12 Certifications; and an associate degree in fire science or
13 a bachelor's degree from an accredited university or
14 college; or
15 (2) a minimum of 10 years' experience as a firefighter
16 at the fire department in the jurisdiction making the
17 appointment.
18This paragraph applies to fire departments that employ
19firefighters hired under the provisions of this Division.
20 If a member of the department is appointed chief of police
21or chief of the fire department prior to being eligible to
22retire on pension, he shall be considered as on furlough from
23the rank he held immediately prior to his appointment as chief.
24If he resigns as chief or is discharged as chief prior to
25attaining eligibility to retire on pension, he shall revert to
26and be established in whatever rank he currently holds, except

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

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1department that employs full-time firefighters and is subject
2to a collective bargaining agreement, a person who has not
3qualified for regular appointment under the provisions of this
4Division 2.1 shall not be used as a temporary or permanent
5substitute for classified members of a municipality's fire
6department or for regular appointment as a classified member of
7a municipality's fire department unless mutually agreed to by
8the employee's certified bargaining agent. Such agreement
9shall be considered a permissive subject of bargaining.
10Municipal fire departments covered by the changes made by this
11amendatory Act of the 95th General Assembly that are using
12non-certificated employees as substitutes immediately prior to
13the effective date of this amendatory Act of the 95th General
14Assembly may, by mutual agreement with the certified bargaining
15agent, continue the existing practice or a modified practice
16and that agreement shall be considered a permissive subject of
17bargaining. A home rule unit may not regulate the hiring of
18temporary or substitute members of the municipality's fire
19department in a manner that is inconsistent with this Section.
20This Section is a limitation under subsection (i) of Section 6
21of Article VII of the Illinois Constitution on the concurrent
22exercise by home rule units of powers and functions exercised
23by the State.
24 The term "policemen" as used in this Division does not
25include auxiliary police officers except as provided for in
26Section 10-2.1-6.

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1 Any full time member of a regular fire or police department
2of any municipality which comes under the provisions of this
3Division or adopts this Division 2.1 or which has adopted any
4of the prior Acts pertaining to fire and police commissioners,
5is a city officer.
6 Notwithstanding any other provision of this Section, the
7Chief of Police of a department in a non-home rule municipality
8of more than 130,000 inhabitants may, without the advice or
9consent of the Board of Fire and Police Commissioners, appoint
10up to 6 officers who shall be known as deputy chiefs or
11assistant deputy chiefs, and whose rank shall be immediately
12below that of Chief. The deputy or assistant deputy chiefs may
13be appointed from any rank of sworn officers of that
14municipality, but no person who is not such a sworn officer may
15be so appointed. Such deputy chief or assistant deputy chief
16shall have the authority to direct and issue orders to all
17employees of the Department holding the rank of captain or any
18lower rank. A deputy chief of police or assistant deputy chief
19of police, having been appointed from any rank of sworn
20officers of that municipality, shall be permitted, regardless
21of rank, to take promotional exams and be promoted to a higher
22classified rank than he currently holds, without having to
23resign as deputy chief of police or assistant deputy chief of
24police.
25 Notwithstanding any other provision of this Section, a
26non-home rule municipality of 130,000 or fewer inhabitants,

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1through its council or board of trustees, may, by ordinance,
2provide for a position of deputy chief to be appointed by the
3chief of the police department. The ordinance shall provide for
4no more than one deputy chief position if the police department
5has fewer than 25 full-time police officers and for no more
6than 2 deputy chief positions if the police department has 25
7or more full-time police officers. The deputy chief position
8shall be an exempt rank immediately below that of Chief. The
9deputy chief may be appointed from any rank of sworn, full-time
10officers of the municipality's police department, but must have
11at least 5 years of full-time service as a police officer in
12that department. A deputy chief shall serve at the discretion
13of the Chief and, if removed from the position, shall revert to
14the rank currently held, without regard as to whether a vacancy
15exists in that rank. A deputy chief of police, having been
16appointed from any rank of sworn full-time officers of that
17municipality's police department, shall be permitted,
18regardless of rank, to take promotional exams and be promoted
19to a higher classified rank than he currently holds, without
20having to resign as deputy chief of police.
21 No municipality having a population less than 1,000,000
22shall require that any firefighter appointed to the lowest rank
23serve a probationary employment period of longer than one year.
24The limitation on periods of probationary employment provided
25in this amendatory Act of 1989 is an exclusive power and
26function of the State. Pursuant to subsection (h) of Section 6

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1of Article VII of the Illinois Constitution, a home rule
2municipality having a population less than 1,000,000 must
3comply with this limitation on periods of probationary
4employment, which is a denial and limitation of home rule
5powers. Notwithstanding anything to the contrary in this
6Section, the probationary employment period limitation may be
7extended for a firefighter who is required, as a condition of
8employment, to be a licensed paramedic, during which time the
9sole reason that a firefighter may be discharged without a
10hearing is for failing to meet the requirements for paramedic
11licensure.
12 To the extent that this Section or any other Section in
13this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
14then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
15(Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12;
1698-973, eff. 8-15-14.)
17 Section 10. The Fire Protection District Act is amended by
18adding Section 16.04b as follows:
19 (70 ILCS 705/16.04b new)
20 Sec. 16.04b. Appointment of fire chief. Notwithstanding
21any other provision in this Act, after the effective date of
22this amendatory Act of the 100th General Assembly, a person
23shall not be appointed as the chief, the acting chief, the
24department head, or a position, by whatever title, that is

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1responsible for day-to-day operations of a fire protection
2district for greater than 180 days unless he or she possesses
3the following qualifications and certifications:
4 (1) Office of the State Fire Marshal Firefighter Basic
5 Certification or Firefighter II Certification; Office of
6 the State Fire Marshal Fire Officer I and II
7 Certifications; and an associate degree in fire science or
8 a bachelor's degree from an accredited university or
9 college; or
10 (2) a minimum of 10 years' experience as a firefighter
11 in the fire protection district of the jurisdiction making
12 the appointment.
13 This Section applies to fire protection districts that
14employ firefighters hired under the provisions of this Act.
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
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