Bill Text: IL SB2619 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Municipal Code. In provisions regarding appointment of a fire chief, acting chief, department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department for greater than 180 days, limits home rule powers on and after the effective date of the amendatory Act. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 17-6)
Status: (Passed) 2018-11-29 - Public Act . . . . . . . . . 100-1126 [SB2619 Detail]
Download: Illinois-2017-SB2619-Engrossed.html
Bill Title: Amends the Illinois Municipal Code. In provisions regarding appointment of a fire chief, acting chief, department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department for greater than 180 days, limits home rule powers on and after the effective date of the amendatory Act. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 17-6)
Status: (Passed) 2018-11-29 - Public Act . . . . . . . . . 100-1126 [SB2619 Detail]
Download: Illinois-2017-SB2619-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 10-1-7.3 and 10-2.1-4 as follows:
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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 this | ||||||
10 | amendatory Act of the 100th General Assembly , a person shall | ||||||
11 | not be appointed as the chief, the acting chief, the department | ||||||
12 | head, or a position, by whatever title, that is responsible for | ||||||
13 | day-to-day operations of a fire department for greater than 180 | ||||||
14 | days unless he or she possesses the following qualifications | ||||||
15 | and certifications: | ||||||
16 | (1) Office of the State Fire Marshal Basic Operations | ||||||
17 | Firefighter Basic 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 I and II | ||||||
21 | Certification Certifications ; and an associate degree in | ||||||
22 | fire science or a bachelor's degree from an accredited | ||||||
23 | university or college; or |
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1 | (2) a current certification from the International | ||||||
2 | Fire Service Accreditation Congress
or Pro Board Fire | ||||||
3 | Service Professional Qualifications System that meets the | ||||||
4 | National Fire
Protection Association standard NFPA 1001, | ||||||
5 | Standard for Fire Fighter Professional
Qualifications, | ||||||
6 | Level I job performance requirements; a current | ||||||
7 | certification from the
International Fire Service | ||||||
8 | Accreditation Congress or Pro Board Fire Service | ||||||
9 | Professional
Qualifications System that meets the National | ||||||
10 | Fire Protection Association standard
NFPA 1021, Standard | ||||||
11 | for Fire Officer Professional Qualifications, Fire Officer | ||||||
12 | II job
performance requirements; and an associate degree in | ||||||
13 | fire science or a bachelor's
degree from an accredited | ||||||
14 | university or college; | ||||||
15 | (3) qualifications that meet the National Fire | ||||||
16 | Protection Association standard NFPA
1001, Standard for | ||||||
17 | Fire Fighter Professional Qualifications, Level I job | ||||||
18 | performance
requirements; qualifications that meet the | ||||||
19 | National Fire Protection Association standard
NFPA 1021, | ||||||
20 | Standard for Fire Officer Professional Qualifications, | ||||||
21 | Fire
Officer II job performance requirements; and an | ||||||
22 | associate degree in fire science or a
bachelor's degree | ||||||
23 | from an accredited university or college; or | ||||||
24 | (4) (2) a minimum of 10 years' experience as a | ||||||
25 | firefighter at the fire department in the jurisdiction | ||||||
26 | making the appointment. |
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1 | This Section applies to fire departments that employ | ||||||
2 | firefighters hired under the provisions Section 10-1-7.1 or | ||||||
3 | 10-1-7.2 of this Division. This Section does not apply to a | ||||||
4 | municipality with more than 1,000,000 inhabitants.
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5 | On and after the effective date of this amendatory Act of | ||||||
6 | the 100th General Assembly, a home rule municipality may not | ||||||
7 | appoint a fire chief, an acting chief, a department head, or a | ||||||
8 | position, by whatever title, that is responsible for day-to-day | ||||||
9 | operations of a fire department for greater than 180 days in a | ||||||
10 | manner inconsistent with this Section. This Section is a | ||||||
11 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
12 | the Illinois Constitution on the concurrent exercise by home | ||||||
13 | rule units of powers and functions exercised by the State. | ||||||
14 | (Source: P.A. 100-425, eff. 8-25-17.)
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15 | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
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16 | Sec. 10-2.1-4. Fire and police departments; appointment of
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17 | members; certificates of appointments. The board of fire and | ||||||
18 | police commissioners shall appoint all officers
and members of | ||||||
19 | the fire and police departments of the municipality,
including | ||||||
20 | the chief of police and the chief of the fire department,
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21 | unless the council or board of trustees shall by ordinance as | ||||||
22 | to them
otherwise provide; except as otherwise provided in this | ||||||
23 | Section, and
except that in any municipality which adopts or | ||||||
24 | has
adopted this Division 2.1 and also adopts or has adopted | ||||||
25 | Article 5 of
this Code, the chief of police and the chief of |
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1 | the fire department
shall be appointed by the municipal | ||||||
2 | manager, if it is provided by
ordinance in such municipality | ||||||
3 | that such chiefs, or either of them,
shall not be appointed by | ||||||
4 | the board of fire and police commissioners.
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5 | If the chief of the fire department or the chief of the | ||||||
6 | police department
or both of them are appointed in the manner | ||||||
7 | provided by ordinance, they
may be removed or discharged by the | ||||||
8 | appointing authority. In such case
the appointing authority | ||||||
9 | shall file with the corporate authorities the reasons
for such | ||||||
10 | removal or discharge, which removal or discharge shall not | ||||||
11 | become
effective unless confirmed by a majority vote of the | ||||||
12 | corporate authorities.
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13 | After the effective date of this amendatory Act of the | ||||||
14 | 100th General Assembly this amendatory Act of the 100th General | ||||||
15 | Assembly , a person shall not be appointed as the chief, the | ||||||
16 | acting chief, the department head, or a position, by whatever | ||||||
17 | title, that is responsible for day-to-day operations of a fire | ||||||
18 | department for greater than 180 days unless he or she possesses | ||||||
19 | the following qualifications and certifications: | ||||||
20 | (1) Office of the State Fire Marshal Basic Operations | ||||||
21 | Firefighter Basic Certification or Office of the State Fire | ||||||
22 | Marshal Firefighter II Certification; Office of the State | ||||||
23 | Fire Marshal Advanced Fire Officer Certification or Office | ||||||
24 | of the State Fire Marshal Fire Officer I and II | ||||||
25 | Certification 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 current certification from the International | ||||||
3 | Fire Service Accreditation Congress
or Pro Board Fire | ||||||
4 | Service Professional Qualifications System that meets the | ||||||
5 | National Fire
Protection Association standard NFPA 1001, | ||||||
6 | Standard for Fire Fighter Professional
Qualifications, | ||||||
7 | Level I job performance requirements; a current | ||||||
8 | certification from the
International Fire Service | ||||||
9 | Accreditation Congress or Pro Board Fire Service | ||||||
10 | Professional
Qualifications System that meets the National | ||||||
11 | Fire Protection Association standard
NFPA 1021, Standard | ||||||
12 | for Fire Officer Professional Qualifications, Fire Officer | ||||||
13 | II job
performance requirements; and an associate degree in | ||||||
14 | fire science or a bachelor's
degree from an accredited | ||||||
15 | university or college; | ||||||
16 | (3) qualifications that meet the National Fire | ||||||
17 | Protection Association standard NFPA
1001, Standard for | ||||||
18 | Fire Fighter Professional Qualifications, Level I job | ||||||
19 | performance
requirements; qualifications that meet the | ||||||
20 | National Fire Protection Association standard
NFPA 1021, | ||||||
21 | Standard for Fire Officer Professional Qualifications, | ||||||
22 | Fire
Officer II job performance requirements; and an | ||||||
23 | associate degree in fire science or a
bachelor's degree | ||||||
24 | from an accredited university or college; or | ||||||
25 | (4) (2) a minimum of 10 years' experience as a | ||||||
26 | firefighter at the fire department in the jurisdiction |
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1 | making the appointment. | ||||||
2 | This paragraph applies to fire departments that employ | ||||||
3 | firefighters hired under the provisions of this Division. On | ||||||
4 | and after the effective date of this amendatory Act of the | ||||||
5 | 100th General Assembly, a home rule municipality may not | ||||||
6 | appoint a fire chief, an acting chief, a department head, or a | ||||||
7 | position, by whatever title, that is responsible for day-to-day | ||||||
8 | operations of a fire department for greater than 180 days in a | ||||||
9 | manner inconsistent with this paragraph. This paragraph is a | ||||||
10 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
11 | the Illinois Constitution on the concurrent exercise by home | ||||||
12 | rule units of powers and functions exercised by the State. | ||||||
13 | If a member of the department is appointed chief of police | ||||||
14 | or chief
of the fire department prior to being eligible to | ||||||
15 | retire on pension, he
shall be considered as on furlough from | ||||||
16 | the rank he held immediately
prior to his appointment as chief. | ||||||
17 | If he resigns as chief or is
discharged as chief prior to | ||||||
18 | attaining eligibility to retire on pension,
he shall revert to | ||||||
19 | and be established in whatever rank he currently holds,
except | ||||||
20 | for previously appointed positions, and thereafter
be entitled | ||||||
21 | to all the benefits and emoluments of that rank,
without regard | ||||||
22 | as to whether a vacancy then exists in that rank.
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23 | All appointments to each department other than that of the | ||||||
24 | lowest
rank, however, shall be from the rank next below that to | ||||||
25 | which the
appointment is made except as otherwise provided in | ||||||
26 | this Section, and
except that the chief of police and the chief |
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1 | of the
fire department may be appointed from among members of | ||||||
2 | the police and
fire departments, respectively, regardless of | ||||||
3 | rank, unless the council
or board of trustees shall have by | ||||||
4 | ordinance as to them otherwise provided.
A chief of police or | ||||||
5 | the chief of the fire department, having been appointed
from | ||||||
6 | among members
of the police or fire department, respectively, | ||||||
7 | shall be permitted, regardless
of rank, to
take promotional
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8 | exams and be promoted to a higher classified rank than he | ||||||
9 | currently holds,
without having to
resign as chief of police or | ||||||
10 | chief of the fire department.
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11 | The sole authority to issue certificates of appointment | ||||||
12 | shall be
vested in the Board of Fire and Police Commissioners | ||||||
13 | and all
certificates of appointments issued to any officer or | ||||||
14 | member of the fire
or police department of a municipality shall | ||||||
15 | be signed by the chairman
and secretary respectively of the | ||||||
16 | board of fire and police commissioners
of such municipality, | ||||||
17 | upon appointment of such officer or member of the
fire and | ||||||
18 | police department of such municipality by action of the board
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19 | of fire and police commissioners. After being selected from the | ||||||
20 | register of eligibles to fill a vacancy in the affected | ||||||
21 | department, each appointee shall be presented with his or her | ||||||
22 | certificate of appointment on the day on which he or she is | ||||||
23 | sworn in as a classified member of the affected department. | ||||||
24 | Firefighters who were not issued a certificate of appointment | ||||||
25 | when originally appointed shall be provided with a certificate | ||||||
26 | within 10 days after making a written request to the |
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1 | chairperson of the Board of Fire and Police Commissioners. In | ||||||
2 | any municipal fire department that employs full-time | ||||||
3 | firefighters and is subject to a collective bargaining | ||||||
4 | agreement, a person who has not qualified for regular | ||||||
5 | appointment under the provisions of this Division 2.1 shall not | ||||||
6 | be used as a temporary or permanent substitute for classified | ||||||
7 | members of a municipality's fire department or for regular | ||||||
8 | appointment as a classified member of a municipality's fire | ||||||
9 | department unless mutually agreed to by the employee's | ||||||
10 | certified bargaining agent. Such agreement shall be considered | ||||||
11 | a permissive subject of bargaining. Municipal fire departments | ||||||
12 | covered by the changes made by Public Act 95-490 this | ||||||
13 | amendatory Act of the 95th General Assembly that are using | ||||||
14 | non-certificated employees as substitutes immediately prior to | ||||||
15 | June 1, 2008 ( the effective date of Public Act 95-490) this | ||||||
16 | amendatory Act of the 95th General Assembly may, by mutual | ||||||
17 | agreement with the certified bargaining agent, continue the | ||||||
18 | existing practice or a modified practice and that agreement | ||||||
19 | shall be considered a permissive subject of bargaining. A home | ||||||
20 | rule unit may not regulate the hiring of temporary or | ||||||
21 | substitute members of the municipality's fire department in a | ||||||
22 | manner that is inconsistent with this Section. This Section is | ||||||
23 | a limitation under subsection (i) of Section 6 of Article VII | ||||||
24 | of the Illinois Constitution on the concurrent exercise by home | ||||||
25 | rule units of powers and functions exercised by the State.
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26 | The term "policemen" as used in this Division does not |
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1 | include
auxiliary police officers except as provided for in | ||||||
2 | Section 10-2.1-6.
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3 | Any full-time full time member of a regular fire or police | ||||||
4 | department of any
municipality which comes under the provisions | ||||||
5 | of this Division or adopts
this Division 2.1 or which has | ||||||
6 | adopted any of the prior Acts pertaining to
fire and police | ||||||
7 | commissioners, is a city officer.
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8 | Notwithstanding any other provision of this Section, the | ||||||
9 | Chief of
Police of a department in a non-home rule municipality | ||||||
10 | of more than 130,000
inhabitants may, without the advice or | ||||||
11 | consent of the Board of
Fire and Police Commissioners, appoint | ||||||
12 | up to 6 officers who shall be known
as deputy chiefs or | ||||||
13 | assistant deputy chiefs, and whose rank shall be
immediately | ||||||
14 | below that of Chief. The deputy or assistant deputy chiefs may
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15 | be appointed from any rank of sworn officers of that | ||||||
16 | municipality, but no
person who is not such a sworn officer may | ||||||
17 | be so appointed. Such deputy
chief or assistant deputy chief | ||||||
18 | shall have the authority to direct and
issue orders to all | ||||||
19 | employees of the Department holding the rank of captain
or any | ||||||
20 | lower rank.
A deputy chief of police or assistant deputy chief | ||||||
21 | of police, having been
appointed from any rank
of sworn | ||||||
22 | officers of that municipality, shall be permitted, regardless | ||||||
23 | of rank,
to take promotional
exams and be promoted to a higher | ||||||
24 | classified rank than he currently holds,
without having to
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25 | resign as deputy chief of police or assistant deputy chief of | ||||||
26 | police.
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1 | Notwithstanding any other provision of this Section, a | ||||||
2 | non-home rule
municipality of 130,000 or fewer inhabitants, | ||||||
3 | through its council or board
of trustees, may, by ordinance, | ||||||
4 | provide for a position of deputy chief to be
appointed by the | ||||||
5 | chief of the police department. The ordinance shall provide
for | ||||||
6 | no more than one deputy chief position if the police department | ||||||
7 | has fewer
than 25 full-time police officers and for no more | ||||||
8 | than 2 deputy chief positions
if the police department has 25 | ||||||
9 | or more full-time police officers. The deputy
chief position
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10 | shall be an exempt rank immediately below that of Chief. The | ||||||
11 | deputy chief may
be appointed from any rank of sworn, full-time | ||||||
12 | officers of the municipality's
police department, but must have | ||||||
13 | at least 5 years of full-time service as a
police officer in | ||||||
14 | that department. A deputy chief shall serve at the
discretion | ||||||
15 | of the Chief and, if removed from the position,
shall revert to | ||||||
16 | the rank currently held, without regard as to whether a
vacancy | ||||||
17 | exists in
that rank. A deputy chief
of police, having been | ||||||
18 | appointed from any rank of sworn full-time officers of
that | ||||||
19 | municipality's
police department, shall be permitted, | ||||||
20 | regardless of rank, to take promotional
exams and be
promoted | ||||||
21 | to a higher classified rank than he currently holds, without | ||||||
22 | having to
resign as deputy
chief of police.
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23 | No municipality having a population less than 1,000,000 | ||||||
24 | shall require
that any firefighter appointed to the lowest
rank | ||||||
25 | serve a probationary employment period of longer than one year. | ||||||
26 | The
limitation on periods of probationary employment provided |
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1 | in Public Act 86-990 this
amendatory Act of 1989 is an | ||||||
2 | exclusive power and function of the State.
Pursuant to | ||||||
3 | subsection (h) of Section 6 of Article VII of the Illinois
| ||||||
4 | Constitution, a home rule municipality having a population less | ||||||
5 | than 1,000,000
must comply with this limitation on periods of | ||||||
6 | probationary employment, which
is a denial and limitation of | ||||||
7 | home rule powers. Notwithstanding anything to
the contrary in | ||||||
8 | this Section, the probationary employment period limitation
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9 | may be extended for a firefighter who is required, as a | ||||||
10 | condition of employment, to be a licensed paramedic, during | ||||||
11 | which time the sole reason that a firefighter may be discharged | ||||||
12 | without a hearing is for failing to meet the requirements for | ||||||
13 | paramedic licensure.
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14 | To the extent that this Section or any other Section in | ||||||
15 | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | ||||||
16 | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. | ||||||
17 | (Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17; | ||||||
18 | revised 10-3-17.)
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19 | Section 10. The Fire Protection District Act is amended by | ||||||
20 | changing Section 16.04b as follows:
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21 | (70 ILCS 705/16.04b) | ||||||
22 | Sec. 16.04b. Appointment of fire chief. Notwithstanding | ||||||
23 | any other provision in this Act, after the effective date of | ||||||
24 | this amendatory Act of the 100th General Assembly this |
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1 | amendatory Act of the 100th General Assembly , a person shall | ||||||
2 | not be appointed as the chief, the acting chief, the department | ||||||
3 | head, or a position, by whatever title, that is responsible for | ||||||
4 | day-to-day operations of a fire protection district for greater | ||||||
5 | than 180 days unless he or she possesses the following | ||||||
6 | qualifications and certifications: | ||||||
7 | (1) Office of the State Fire Marshal Basic Operations | ||||||
8 | Firefighter Basic Certification or Office of the State Fire | ||||||
9 | Marshal Firefighter II Certification; Office of the State | ||||||
10 | Fire Marshal Advanced Fire Officer Certification or Office | ||||||
11 | of the State Fire Marshal Fire Officer I and II | ||||||
12 | Certification Certifications ; and an associate degree in | ||||||
13 | fire science or a bachelor's degree from an accredited | ||||||
14 | university or college; or | ||||||
15 | (2) a current certification from the International | ||||||
16 | Fire Service Accreditation Congress
or Pro Board Fire | ||||||
17 | Service Professional Qualifications System that meets the | ||||||
18 | National Fire
Protection Association standard NFPA 1001, | ||||||
19 | Standard for Fire Fighter Professional
Qualifications, | ||||||
20 | Level I job performance requirements; a current | ||||||
21 | certification from the
International Fire Service | ||||||
22 | Accreditation Congress or Pro Board Fire Service | ||||||
23 | Professional
Qualifications System that meets the National | ||||||
24 | Fire Protection Association standard
NFPA 1021, Standard | ||||||
25 | for Fire Officer Professional Qualifications, Fire Officer | ||||||
26 | II job
performance requirements; and an associate degree in |
| |||||||
| |||||||
1 | fire science or a bachelor's
degree from an accredited | ||||||
2 | university or college; | ||||||
3 | (3) qualifications that meet the National Fire | ||||||
4 | Protection Association standard NFPA
1001, Standard for | ||||||
5 | Fire Fighter Professional Qualifications, Level I job | ||||||
6 | performance
requirements; qualifications that meet the | ||||||
7 | National Fire Protection Association standard
NFPA 1021, | ||||||
8 | Standard for Fire Officer Professional Qualifications, | ||||||
9 | Fire
Officer II job performance requirements; and an | ||||||
10 | associate degree in fire science or a
bachelor's degree | ||||||
11 | from an accredited university or college; or | ||||||
12 | (4) (2) a minimum of 10 years' experience as a | ||||||
13 | firefighter in the fire protection district of the | ||||||
14 | jurisdiction making the appointment. | ||||||
15 | This Section applies to fire protection districts that | ||||||
16 | employ firefighters hired under the provisions of this Act.
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17 | (Source: P.A. 100-425, eff. 8-25-17.)
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