Bill Text: IL SB3050 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Municipal Code and Fire Protection District Act. Expands the options for qualifications to be appointed a fire chief for greater than 180 days to include a current certification from the International Fire Service Accreditation Congress or Pro Board Fire Service Professional Qualifications System. Provides that the qualification requirements of a fire chief appointed for greater than 180 days does not apply to fire departments that service an area containing fewer than 15,000 people. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB3050 Detail]
Download: Illinois-2017-SB3050-Introduced.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 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 ; or . | ||||||
2 | (3) a current certification from the International | ||||||
3 | Fire Service Accreditation Congress or Pro Board Fire | ||||||
4 | Service Professional Qualifications System. | ||||||
5 | This Section applies to fire departments that employ | ||||||
6 | firefighters hired under Section 10-1-7.1 or 10-1-7.2 of this | ||||||
7 | Division. However, this Section does not apply to fire | ||||||
8 | departments that service an area containing fewer than 15,000 | ||||||
9 | people.
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10 | (Source: P.A. 100-425, eff. 8-25-17.)
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11 | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
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12 | Sec. 10-2.1-4. Fire and police departments; appointment of
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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,
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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.
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9 | After the effective date of this amendatory Act of the | ||||||
10 | 100th General Assembly this amendatory Act of the 100th General | ||||||
11 | Assembly , a person shall not be appointed as the chief, the | ||||||
12 | acting chief, the department head, or a position, by whatever | ||||||
13 | title, that is responsible for day-to-day operations of a fire | ||||||
14 | department for greater than 180 days unless he or she possesses | ||||||
15 | the following 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 | ||||||
24 | appointment ; or . | ||||||
25 | (3) a current certification from the International | ||||||
26 | Fire Service Accreditation Congress or Pro Board Fire |
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1 | Service Professional Qualifications System. | ||||||
2 | This paragraph applies to fire departments that employ | ||||||
3 | firefighters hired under the provisions of this Division. | ||||||
4 | However, this paragraph does not apply to fire departments that | ||||||
5 | service an area containing fewer than 15,000 people. | ||||||
6 | If a member of the department is appointed chief of police | ||||||
7 | or chief
of the fire department prior to being eligible to | ||||||
8 | retire on pension, he
shall be considered as on furlough from | ||||||
9 | the rank he held immediately
prior to his appointment as chief. | ||||||
10 | If he resigns as chief or is
discharged as chief prior to | ||||||
11 | attaining eligibility to retire on pension,
he shall revert to | ||||||
12 | and be established in whatever rank he currently holds,
except | ||||||
13 | for previously appointed positions, and thereafter
be entitled | ||||||
14 | to all the benefits and emoluments of that rank,
without regard | ||||||
15 | as to whether a vacancy then exists in that rank.
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16 | All appointments to each department other than that of the | ||||||
17 | lowest
rank, however, shall be from the rank next below that to | ||||||
18 | which the
appointment is made except as otherwise provided in | ||||||
19 | this Section, and
except that the chief of police and the chief | ||||||
20 | of the
fire department may be appointed from among members of | ||||||
21 | the police and
fire departments, respectively, regardless of | ||||||
22 | rank, unless the council
or board of trustees shall have by | ||||||
23 | ordinance as to them otherwise provided.
A chief of police or | ||||||
24 | the chief of the fire department, having been appointed
from | ||||||
25 | among members
of the police or fire department, respectively, | ||||||
26 | shall be permitted, regardless
of rank, to
take promotional
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1 | exams and be promoted to a higher classified rank than he | ||||||
2 | currently holds,
without having to
resign as chief of police or | ||||||
3 | chief of the fire department.
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4 | The sole authority to issue certificates of appointment | ||||||
5 | shall be
vested in the Board of Fire and Police Commissioners | ||||||
6 | and all
certificates of appointments issued to any officer or | ||||||
7 | member of the fire
or police department of a municipality shall | ||||||
8 | be signed by the chairman
and secretary respectively of the | ||||||
9 | board of fire and police commissioners
of such municipality, | ||||||
10 | upon appointment of such officer or member of the
fire and | ||||||
11 | police department of such municipality by action of the board
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12 | of fire and police commissioners. After being selected from the | ||||||
13 | register of eligibles to fill a vacancy in the affected | ||||||
14 | department, each appointee shall be presented with his or her | ||||||
15 | certificate of appointment on the day on which he or she is | ||||||
16 | sworn in as a classified member of the affected department. | ||||||
17 | Firefighters who were not issued a certificate of appointment | ||||||
18 | when originally appointed shall be provided with a certificate | ||||||
19 | within 10 days after making a written request to the | ||||||
20 | chairperson of the Board of Fire and Police Commissioners. In | ||||||
21 | any municipal fire department that employs full-time | ||||||
22 | firefighters and is subject to a collective bargaining | ||||||
23 | agreement, a person who has not qualified for regular | ||||||
24 | appointment under the provisions of this Division 2.1 shall not | ||||||
25 | be used as a temporary or permanent substitute for classified | ||||||
26 | members of a municipality's fire department or for regular |
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1 | appointment as a classified member of a municipality's fire | ||||||
2 | department unless mutually agreed to by the employee's | ||||||
3 | certified bargaining agent. Such agreement shall be considered | ||||||
4 | a permissive subject of bargaining. Municipal fire departments | ||||||
5 | covered by the changes made by Public Act 95-490 this | ||||||
6 | amendatory Act of the 95th General Assembly that are using | ||||||
7 | non-certificated employees as substitutes immediately prior to | ||||||
8 | June 1, 2008 ( the effective date of Public Act 95-490) this | ||||||
9 | amendatory Act of the 95th General Assembly may, by mutual | ||||||
10 | agreement with the certified bargaining agent, continue the | ||||||
11 | existing practice or a modified practice and that agreement | ||||||
12 | shall be considered a permissive subject of bargaining. A home | ||||||
13 | rule unit may not regulate the hiring of temporary or | ||||||
14 | substitute members of the municipality's fire department in a | ||||||
15 | manner that is inconsistent with this Section. This Section is | ||||||
16 | a limitation under subsection (i) of Section 6 of Article VII | ||||||
17 | of the Illinois Constitution on the concurrent exercise by home | ||||||
18 | rule units of powers and functions exercised by the State.
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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.
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22 | Any full-time full time member of a regular fire or police | ||||||
23 | department of any
municipality which comes under the provisions | ||||||
24 | of this Division or adopts
this Division 2.1 or which has | ||||||
25 | adopted any of the prior Acts pertaining to
fire and police | ||||||
26 | commissioners, 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
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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
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18 | resign as deputy chief of police or assistant deputy chief of | ||||||
19 | police.
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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
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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.
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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 Public Act 86-990 this
amendatory Act of 1989 is an | ||||||
21 | exclusive power and function of the State.
Pursuant to | ||||||
22 | subsection (h) of Section 6 of Article VII of the Illinois
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23 | Constitution, a home rule municipality having a population less | ||||||
24 | than 1,000,000
must comply with this limitation on periods of | ||||||
25 | probationary employment, which
is a denial and limitation of | ||||||
26 | home rule powers. Notwithstanding anything to
the contrary in |
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1 | this Section, the probationary employment period limitation
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2 | may be extended for a firefighter who is required, as a | ||||||
3 | condition of employment, to be a licensed paramedic, during | ||||||
4 | which time the sole reason that a firefighter may be discharged | ||||||
5 | without a hearing is for failing to meet the requirements for | ||||||
6 | paramedic licensure.
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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. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17; | ||||||
11 | revised 10-3-17.)
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12 | Section 10. The Fire Protection District Act is amended by | ||||||
13 | changing Section 16.04b as follows:
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14 | (70 ILCS 705/16.04b) | ||||||
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 this | ||||||
18 | amendatory Act of the 100th General Assembly , a person shall | ||||||
19 | not be appointed as the chief, the acting chief, the department | ||||||
20 | head, or a position, by whatever title, that is responsible for | ||||||
21 | day-to-day operations of a fire protection district for greater | ||||||
22 | than 180 days unless he or she possesses the following | ||||||
23 | qualifications and certifications: | ||||||
24 | (1) Office of the State Fire Marshal Firefighter Basic |
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1 | Certification or Firefighter II Certification; Office of | ||||||
2 | the State Fire Marshal Fire Officer I and II | ||||||
3 | Certifications; and an associate degree in fire science or | ||||||
4 | a bachelor's degree from an accredited university or | ||||||
5 | college; or | ||||||
6 | (2) a minimum of 10 years' experience as a firefighter | ||||||
7 | in the fire protection district of the jurisdiction making | ||||||
8 | the appointment ; and . | ||||||
9 | (3) a current certification from the International | ||||||
10 | Fire Service Accreditation Congress or Pro Board Fire | ||||||
11 | Service Professional Qualifications System. | ||||||
12 | This Section applies to fire protection districts that | ||||||
13 | employ firefighters hired under the provisions of this Act. | ||||||
14 | However, this Section does not apply to fire departments that | ||||||
15 | service an area containing fewer than 15,000 people.
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16 | (Source: P.A. 100-425, eff. 8-25-17.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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