Bill Text: IL SB1304 | 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 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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0425 [SB1304 Detail]
Download: Illinois-2017-SB1304-Engrossed.html
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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0425 [SB1304 Detail]
Download: Illinois-2017-SB1304-Engrossed.html
| |||||||
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | appointment. | ||||||
2 | This Section applies to fire departments that employ | ||||||
3 | firefighters hired under Section 10-1-7.1 or 10-1-7.2 of this | ||||||
4 | Division.
| ||||||
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
| ||||||
7 | members; Certificates of appointments. The board of fire and | ||||||
8 | police commissioners shall appoint all officers
and members of | ||||||
9 | the fire and police departments of the municipality,
including | ||||||
10 | the chief of police and the chief of the fire department,
| ||||||
11 | unless the council or board of trustees shall by ordinance as | ||||||
12 | to them
otherwise provide; except as otherwise provided in this | ||||||
13 | Section, and
except that in any municipality which adopts or | ||||||
14 | has
adopted this Division 2.1 and also adopts or has adopted | ||||||
15 | Article 5 of
this Code, the chief of police and the chief of | ||||||
16 | the fire department
shall be appointed by the municipal | ||||||
17 | manager, if it is provided by
ordinance in such municipality | ||||||
18 | that such chiefs, or either of them,
shall not be appointed by | ||||||
19 | the board of fire and police commissioners.
| ||||||
20 | If the chief of the fire department or the chief of the | ||||||
21 | police department
or both of them are appointed in the manner | ||||||
22 | provided by ordinance, they
may be removed or discharged by the | ||||||
23 | appointing authority. In such case
the appointing authority | ||||||
24 | shall file with the corporate authorities the reasons
for such | ||||||
25 | removal or discharge, which removal or discharge shall not |
| |||||||
| |||||||
1 | become
effective unless confirmed by a majority vote of the | ||||||
2 | corporate authorities.
| ||||||
3 | After the effective date of this amendatory Act of the | ||||||
4 | 100th General Assembly, a person shall not be appointed as the | ||||||
5 | chief, the acting chief, the department head, or a position, by | ||||||
6 | whatever title, that is responsible for day-to-day operations | ||||||
7 | of a fire department for greater than 180 days unless he or she | ||||||
8 | possesses 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. | ||||||
18 | This paragraph applies to fire departments that employ | ||||||
19 | firefighters hired under the provisions of this Division. | ||||||
20 | If a member of the department is appointed chief of police | ||||||
21 | or chief
of the fire department prior to being eligible to | ||||||
22 | retire on pension, he
shall be considered as on furlough from | ||||||
23 | the rank he held immediately
prior to his appointment as chief. | ||||||
24 | If he resigns as chief or is
discharged as chief prior to | ||||||
25 | attaining eligibility to retire on pension,
he shall revert to | ||||||
26 | and be established in whatever rank he currently holds,
except |
| |||||||
| |||||||
1 | for previously appointed positions, and thereafter
be entitled | ||||||
2 | to all the benefits and emoluments of that rank,
without regard | ||||||
3 | as to whether a vacancy then exists in that rank.
| ||||||
4 | All appointments to each department other than that of the | ||||||
5 | lowest
rank, however, shall be from the rank next below that to | ||||||
6 | which the
appointment is made except as otherwise provided in | ||||||
7 | this Section, and
except that the chief of police and the chief | ||||||
8 | of the
fire department may be appointed from among members of | ||||||
9 | the police and
fire departments, respectively, regardless of | ||||||
10 | rank, unless the council
or board of trustees shall have by | ||||||
11 | ordinance as to them otherwise provided.
A chief of police or | ||||||
12 | the chief of the fire department, having been appointed
from | ||||||
13 | among members
of the police or fire department, respectively, | ||||||
14 | shall be permitted, regardless
of rank, to
take promotional
| ||||||
15 | exams and be promoted to a higher classified rank than he | ||||||
16 | currently holds,
without having to
resign as chief of police or | ||||||
17 | chief of the fire department.
| ||||||
18 | The sole authority to issue certificates of appointment | ||||||
19 | shall be
vested in the Board of Fire and Police Commissioners | ||||||
20 | and all
certificates of appointments issued to any officer or | ||||||
21 | member of the fire
or police department of a municipality shall | ||||||
22 | be signed by the chairman
and secretary respectively of the | ||||||
23 | board of fire and police commissioners
of such municipality, | ||||||
24 | upon appointment of such officer or member of the
fire and | ||||||
25 | police department of such municipality by action of the board
| ||||||
26 | of fire and police commissioners. In any municipal fire |
| |||||||
| |||||||
1 | department that employs full-time firefighters and is subject | ||||||
2 | to a collective bargaining agreement, a person who has not | ||||||
3 | qualified for regular appointment under the provisions of this | ||||||
4 | Division 2.1 shall not be used as a temporary or permanent | ||||||
5 | substitute for classified members of a municipality's fire | ||||||
6 | department or for regular appointment as a classified member of | ||||||
7 | a municipality's fire department unless mutually agreed to by | ||||||
8 | the employee's certified bargaining agent. Such agreement | ||||||
9 | shall be considered a permissive subject of bargaining. | ||||||
10 | Municipal fire departments covered by the changes made by this | ||||||
11 | amendatory Act of the 95th General Assembly that are using | ||||||
12 | non-certificated employees as substitutes immediately prior to | ||||||
13 | the effective date of this amendatory Act of the 95th General | ||||||
14 | Assembly may, by mutual agreement with the certified bargaining | ||||||
15 | agent, continue the existing practice or a modified practice | ||||||
16 | and that agreement shall be considered a permissive subject of | ||||||
17 | bargaining. A home rule unit may not regulate the hiring of | ||||||
18 | temporary or substitute members of the municipality's fire | ||||||
19 | department in a manner that is inconsistent with this Section. | ||||||
20 | This Section is a limitation under subsection (i) of Section 6 | ||||||
21 | of Article VII of the Illinois Constitution on the concurrent | ||||||
22 | exercise by home rule units of powers and functions exercised | ||||||
23 | by the State.
| ||||||
24 | The term "policemen" as used in this Division does not | ||||||
25 | include
auxiliary police officers except as provided for in | ||||||
26 | Section 10-2.1-6.
|
| |||||||
| |||||||
1 | Any full time member of a regular fire or police department | ||||||
2 | of any
municipality which comes under the provisions of this | ||||||
3 | Division or adopts
this Division 2.1 or which has adopted any | ||||||
4 | of the prior Acts pertaining to
fire and police commissioners, | ||||||
5 | is a city officer.
| ||||||
6 | Notwithstanding any other provision of this Section, the | ||||||
7 | Chief of
Police of a department in a non-home rule municipality | ||||||
8 | of more than 130,000
inhabitants may, without the advice or | ||||||
9 | consent of the Board of
Fire and Police Commissioners, appoint | ||||||
10 | up to 6 officers who shall be known
as deputy chiefs or | ||||||
11 | assistant deputy chiefs, and whose rank shall be
immediately | ||||||
12 | below that of Chief. The deputy or assistant deputy chiefs may
| ||||||
13 | be appointed from any rank of sworn officers of that | ||||||
14 | municipality, but no
person who is not such a sworn officer may | ||||||
15 | be so appointed. Such deputy
chief or assistant deputy chief | ||||||
16 | shall have the authority to direct and
issue orders to all | ||||||
17 | employees of the Department holding the rank of captain
or any | ||||||
18 | lower rank.
A deputy chief of police or assistant deputy chief | ||||||
19 | of police, having been
appointed from any rank
of sworn | ||||||
20 | officers of that municipality, shall be permitted, regardless | ||||||
21 | of rank,
to take promotional
exams and be promoted to a higher | ||||||
22 | classified rank than he currently holds,
without having to
| ||||||
23 | resign as deputy chief of police or assistant deputy chief of | ||||||
24 | police.
| ||||||
25 | Notwithstanding any other provision of this Section, a | ||||||
26 | non-home rule
municipality of 130,000 or fewer inhabitants, |
| |||||||
| |||||||
1 | through its council or board
of trustees, may, by ordinance, | ||||||
2 | provide for a position of deputy chief to be
appointed by the | ||||||
3 | chief of the police department. The ordinance shall provide
for | ||||||
4 | no more than one deputy chief position if the police department | ||||||
5 | has fewer
than 25 full-time police officers and for no more | ||||||
6 | than 2 deputy chief positions
if the police department has 25 | ||||||
7 | or more full-time police officers. The deputy
chief position
| ||||||
8 | shall be an exempt rank immediately below that of Chief. The | ||||||
9 | deputy chief may
be appointed from any rank of sworn, full-time | ||||||
10 | officers of the municipality's
police department, but must have | ||||||
11 | at least 5 years of full-time service as a
police officer in | ||||||
12 | that department. A deputy chief shall serve at the
discretion | ||||||
13 | of the Chief and, if removed from the position,
shall revert to | ||||||
14 | the rank currently held, without regard as to whether a
vacancy | ||||||
15 | exists in
that rank. A deputy chief
of police, having been | ||||||
16 | appointed from any rank of sworn full-time officers of
that | ||||||
17 | municipality's
police department, shall be permitted, | ||||||
18 | regardless of rank, to take promotional
exams and be
promoted | ||||||
19 | to a higher classified rank than he currently holds, without | ||||||
20 | having to
resign as deputy
chief of police.
| ||||||
21 | No municipality having a population less than 1,000,000 | ||||||
22 | shall require
that any firefighter appointed to the lowest
rank | ||||||
23 | serve a probationary employment period of longer than one year. | ||||||
24 | The
limitation on periods of probationary employment provided | ||||||
25 | in this
amendatory Act of 1989 is an exclusive power and | ||||||
26 | function of the State.
Pursuant to subsection (h) of Section 6 |
| |||||||
| |||||||
1 | of Article VII of the Illinois
Constitution, a home rule | ||||||
2 | municipality having a population less than 1,000,000
must | ||||||
3 | comply with this limitation on periods of probationary | ||||||
4 | employment, which
is a denial and limitation of home rule | ||||||
5 | powers. Notwithstanding anything to
the contrary in this | ||||||
6 | Section, the probationary employment period limitation
may be | ||||||
7 | extended for a firefighter who is required, as a condition of | ||||||
8 | employment, to be a licensed paramedic, during which time the | ||||||
9 | sole reason that a firefighter may be discharged without a | ||||||
10 | hearing is for failing to meet the requirements for paramedic | ||||||
11 | licensure.
| ||||||
12 | To the extent that this Section or any other Section in | ||||||
13 | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | ||||||
14 | then 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; | ||||||
16 | 98-973, eff. 8-15-14.)
| ||||||
17 | Section 10. The Fire Protection District Act is amended by | ||||||
18 | adding Section 16.04b as follows:
| ||||||
19 | (70 ILCS 705/16.04b new) | ||||||
20 | Sec. 16.04b. Appointment of fire chief. Notwithstanding | ||||||
21 | any other provision in this Act, after the effective date of | ||||||
22 | this amendatory Act of the 100th General Assembly, a person | ||||||
23 | shall not be appointed as the chief, the acting chief, the | ||||||
24 | department head, or a position, by whatever title, that is |
| |||||||
| |||||||
1 | responsible for day-to-day operations of a fire protection | ||||||
2 | district for greater than 180 days unless he or she possesses | ||||||
3 | the 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 | ||||||
14 | employ firefighters hired under the provisions of this Act.
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|