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

    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.


LRB100 08288 AWJ 18390 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1304LRB100 08288 AWJ 18390 b

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

 

 

SB1304- 2 -LRB100 08288 AWJ 18390 b

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
4members; Certificates of appointments.The board of fire and
5police commissioners shall appoint all officers and members of
6the fire and police departments of the municipality, including
7the chief of police and the chief of the fire department,
8unless the council or board of trustees shall by ordinance as
9to them otherwise provide; except as otherwise provided in this
10Section, and except that in any municipality which adopts or
11has adopted this Division 2.1 and also adopts or has adopted
12Article 5 of this Code, the chief of police and the chief of
13the fire department shall be appointed by the municipal
14manager, if it is provided by ordinance in such municipality
15that such chiefs, or either of them, shall not be appointed by
16the board of fire and police commissioners.
17    If the chief of the fire department or the chief of the
18police department or both of them are appointed in the manner
19provided by ordinance, they may be removed or discharged by the
20appointing authority. In such case the appointing authority
21shall file with the corporate authorities the reasons for such
22removal or discharge, which removal or discharge shall not
23become effective unless confirmed by a majority vote of the
24corporate authorities.
25    After the effective date of this amendatory Act of the

 

 

SB1304- 3 -LRB100 08288 AWJ 18390 b

1100th General Assembly, a person shall not be appointed as the
2chief, the acting chief, the department head, or a position, by
3whatever title, that is responsible for day-to-day operations
4of a fire department for greater than 180 days unless he or she
5possesses 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
16or chief of the fire department prior to being eligible to
17retire on pension, he shall be considered as on furlough from
18the rank he held immediately prior to his appointment as chief.
19If he resigns as chief or is discharged as chief prior to
20attaining eligibility to retire on pension, he shall revert to
21and be established in whatever rank he currently holds, except
22for previously appointed positions, and thereafter be entitled
23to all the benefits and emoluments of that rank, without regard
24as to whether a vacancy then exists in that rank.
25    All appointments to each department other than that of the
26lowest rank, however, shall be from the rank next below that to

 

 

SB1304- 4 -LRB100 08288 AWJ 18390 b

1which the appointment is made except as otherwise provided in
2this Section, and except that the chief of police and the chief
3of the fire department may be appointed from among members of
4the police and fire departments, respectively, regardless of
5rank, unless the council or board of trustees shall have by
6ordinance as to them otherwise provided. A chief of police or
7the chief of the fire department, having been appointed from
8among members of the police or fire department, respectively,
9shall be permitted, regardless of rank, to take promotional
10exams and be promoted to a higher classified rank than he
11currently holds, without having to resign as chief of police or
12chief of the fire department.
13    The sole authority to issue certificates of appointment
14shall be vested in the Board of Fire and Police Commissioners
15and all certificates of appointments issued to any officer or
16member of the fire or police department of a municipality shall
17be signed by the chairman and secretary respectively of the
18board of fire and police commissioners of such municipality,
19upon appointment of such officer or member of the fire and
20police department of such municipality by action of the board
21of fire and police commissioners. In any municipal fire
22department that employs full-time firefighters and is subject
23to a collective bargaining agreement, a person who has not
24qualified for regular appointment under the provisions of this
25Division 2.1 shall not be used as a temporary or permanent
26substitute for classified members of a municipality's fire

 

 

SB1304- 5 -LRB100 08288 AWJ 18390 b

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

 

 

SB1304- 6 -LRB100 08288 AWJ 18390 b

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

 

 

SB1304- 7 -LRB100 08288 AWJ 18390 b

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

 

 

SB1304- 8 -LRB100 08288 AWJ 18390 b

1Section, the probationary employment period limitation may be
2extended for a firefighter who is required, as a condition of
3employment, to be a licensed paramedic, during which time the
4sole reason that a firefighter may be discharged without a
5hearing is for failing to meet the requirements for paramedic
6licensure.
7    To the extent that this Section or any other Section in
8this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
9then 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;
1198-973, eff. 8-15-14.)
 
12    Section 10. The Fire Protection District Act is amended by
13adding Section 16.04b as follows:
 
14    (70 ILCS 705/16.04b new)
15    Sec. 16.04b. Appointment of fire chief. Notwithstanding
16any other provision in this Act, after the effective date of
17this amendatory Act of the 100th General Assembly, a person
18shall not be appointed as the chief, the acting chief, the
19department head, or a position, by whatever title, that is
20responsible for day-to-day operations of a fire protection
21district for greater than 180 days unless he or she possesses
22the following qualifications and certifications:
23        (1) Office of the State Fire Marshal Firefighter Basic
24    Certification or Firefighter II Certification; Office of

 

 

SB1304- 9 -LRB100 08288 AWJ 18390 b

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
9becoming law.