SB2619 EngrossedLRB100 18076 AWJ 33268 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 Sections 10-1-7.3 and 10-2.1-4 as follows:
 
6    (65 ILCS 5/10-1-7.3)
7    Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding
8any other provision in this Division, after the effective date
9of this amendatory Act of the 100th General Assembly this
10amendatory Act of the 100th General Assembly, a person shall
11not be appointed as the chief, the acting chief, the department
12head, or a position, by whatever title, that is responsible for
13day-to-day operations of a fire department for greater than 180
14days unless he or she possesses the following qualifications
15and 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
2firefighters hired under the provisions Section 10-1-7.1 or
310-1-7.2 of this Division. This Section does not apply to a
4municipality with more than 1,000,000 inhabitants.
5    On and after the effective date of this amendatory Act of
6the 100th General Assembly, a home rule municipality may not
7appoint a fire chief, an acting chief, a department head, or a
8position, by whatever title, that is responsible for day-to-day
9operations of a fire department for greater than 180 days in a
10manner inconsistent with this Section. This Section is a
11limitation under subsection (i) of Section 6 of Article VII of
12the Illinois Constitution on the concurrent exercise by home
13rule units of powers and functions exercised by the State.
14(Source: P.A. 100-425, eff. 8-25-17.)
 
15    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
16    Sec. 10-2.1-4. Fire and police departments; appointment of
17members; certificates of appointments. The board of fire and
18police commissioners shall appoint all officers and members of
19the fire and police departments of the municipality, including
20the chief of police and the chief of the fire department,
21unless the council or board of trustees shall by ordinance as
22to them otherwise provide; except as otherwise provided in this
23Section, and except that in any municipality which adopts or
24has adopted this Division 2.1 and also adopts or has adopted
25Article 5 of this Code, the chief of police and the chief of

 

 

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1the fire department shall be appointed by the municipal
2manager, if it is provided by ordinance in such municipality
3that such chiefs, or either of them, shall not be appointed by
4the board of fire and police commissioners.
5    If the chief of the fire department or the chief of the
6police department or both of them are appointed in the manner
7provided by ordinance, they may be removed or discharged by the
8appointing authority. In such case the appointing authority
9shall file with the corporate authorities the reasons for such
10removal or discharge, which removal or discharge shall not
11become effective unless confirmed by a majority vote of the
12corporate authorities.
13    After the effective date of this amendatory Act of the
14100th General Assembly this amendatory Act of the 100th General
15Assembly, a person shall not be appointed as the chief, the
16acting chief, the department head, or a position, by whatever
17title, that is responsible for day-to-day operations of a fire
18department for greater than 180 days unless he or she possesses
19the 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.
2This paragraph applies to fire departments that employ
3firefighters hired under the provisions of this Division. On
4and after the effective date of this amendatory Act of the
5100th General Assembly, a home rule municipality may not
6appoint a fire chief, an acting chief, a department head, or a
7position, by whatever title, that is responsible for day-to-day
8operations of a fire department for greater than 180 days in a
9manner inconsistent with this paragraph. This paragraph is a
10limitation under subsection (i) of Section 6 of Article VII of
11the Illinois Constitution on the concurrent exercise by home
12rule units of powers and functions exercised by the State.
13    If a member of the department is appointed chief of police
14or chief of the fire department prior to being eligible to
15retire on pension, he shall be considered as on furlough from
16the rank he held immediately prior to his appointment as chief.
17If he resigns as chief or is discharged as chief prior to
18attaining eligibility to retire on pension, he shall revert to
19and be established in whatever rank he currently holds, except
20for previously appointed positions, and thereafter be entitled
21to all the benefits and emoluments of that rank, without regard
22as to whether a vacancy then exists in that rank.
23    All appointments to each department other than that of the
24lowest rank, however, shall be from the rank next below that to
25which the appointment is made except as otherwise provided in
26this Section, and except that the chief of police and the chief

 

 

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1of the fire department may be appointed from among members of
2the police and fire departments, respectively, regardless of
3rank, unless the council or board of trustees shall have by
4ordinance as to them otherwise provided. A chief of police or
5the chief of the fire department, having been appointed from
6among members of the police or fire department, respectively,
7shall be permitted, regardless of rank, to take promotional
8exams and be promoted to a higher classified rank than he
9currently holds, without having to resign as chief of police or
10chief of the fire department.
11    The sole authority to issue certificates of appointment
12shall be vested in the Board of Fire and Police Commissioners
13and all certificates of appointments issued to any officer or
14member of the fire or police department of a municipality shall
15be signed by the chairman and secretary respectively of the
16board of fire and police commissioners of such municipality,
17upon appointment of such officer or member of the fire and
18police department of such municipality by action of the board
19of fire and police commissioners. After being selected from the
20register of eligibles to fill a vacancy in the affected
21department, each appointee shall be presented with his or her
22certificate of appointment on the day on which he or she is
23sworn in as a classified member of the affected department.
24Firefighters who were not issued a certificate of appointment
25when originally appointed shall be provided with a certificate
26within 10 days after making a written request to the

 

 

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1chairperson of the Board of Fire and Police Commissioners. In
2any municipal fire department that employs full-time
3firefighters and is subject to a collective bargaining
4agreement, a person who has not qualified for regular
5appointment under the provisions of this Division 2.1 shall not
6be used as a temporary or permanent substitute for classified
7members of a municipality's fire department or for regular
8appointment as a classified member of a municipality's fire
9department unless mutually agreed to by the employee's
10certified bargaining agent. Such agreement shall be considered
11a permissive subject of bargaining. Municipal fire departments
12covered by the changes made by Public Act 95-490 this
13amendatory Act of the 95th General Assembly that are using
14non-certificated employees as substitutes immediately prior to
15June 1, 2008 (the effective date of Public Act 95-490) this
16amendatory Act of the 95th General Assembly may, by mutual
17agreement with the certified bargaining agent, continue the
18existing practice or a modified practice and that agreement
19shall be considered a permissive subject of bargaining. A home
20rule unit may not regulate the hiring of temporary or
21substitute members of the municipality's fire department in a
22manner that is inconsistent with this Section. This Section is
23a limitation under subsection (i) of Section 6 of Article VII
24of the Illinois Constitution on the concurrent exercise by home
25rule units of powers and functions exercised by the State.
26    The term "policemen" as used in this Division does not

 

 

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

 

 

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1    Notwithstanding any other provision of this Section, a
2non-home rule municipality of 130,000 or fewer inhabitants,
3through its council or board of trustees, may, by ordinance,
4provide for a position of deputy chief to be appointed by the
5chief of the police department. The ordinance shall provide for
6no more than one deputy chief position if the police department
7has fewer than 25 full-time police officers and for no more
8than 2 deputy chief positions if the police department has 25
9or more full-time police officers. The deputy chief position
10shall be an exempt rank immediately below that of Chief. The
11deputy chief may be appointed from any rank of sworn, full-time
12officers of the municipality's police department, but must have
13at least 5 years of full-time service as a police officer in
14that department. A deputy chief shall serve at the discretion
15of the Chief and, if removed from the position, shall revert to
16the rank currently held, without regard as to whether a vacancy
17exists in that rank. A deputy chief of police, having been
18appointed from any rank of sworn full-time officers of that
19municipality's police department, shall be permitted,
20regardless of rank, to take promotional exams and be promoted
21to a higher classified rank than he currently holds, without
22having to resign as deputy chief of police.
23    No municipality having a population less than 1,000,000
24shall require that any firefighter appointed to the lowest rank
25serve a probationary employment period of longer than one year.
26The limitation on periods of probationary employment provided

 

 

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1in Public Act 86-990 this amendatory Act of 1989 is an
2exclusive power and function of the State. Pursuant to
3subsection (h) of Section 6 of Article VII of the Illinois
4Constitution, a home rule municipality having a population less
5than 1,000,000 must comply with this limitation on periods of
6probationary employment, which is a denial and limitation of
7home rule powers. Notwithstanding anything to the contrary in
8this Section, the probationary employment period limitation
9may be extended for a firefighter who is required, as a
10condition of employment, to be a licensed paramedic, during
11which time the sole reason that a firefighter may be discharged
12without a hearing is for failing to meet the requirements for
13paramedic licensure.
14    To the extent that this Section or any other Section in
15this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
16then 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;
18revised 10-3-17.)
 
19    Section 10. The Fire Protection District Act is amended by
20changing Section 16.04b as follows:
 
21    (70 ILCS 705/16.04b)
22    Sec. 16.04b. Appointment of fire chief. Notwithstanding
23any other provision in this Act, after the effective date of
24this amendatory Act of the 100th General Assembly this

 

 

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1amendatory Act of the 100th General Assembly, a person shall
2not be appointed as the chief, the acting chief, the department
3head, or a position, by whatever title, that is responsible for
4day-to-day operations of a fire protection district for greater
5than 180 days unless he or she possesses the following
6qualifications 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

 

 

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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
16employ firefighters hired under the provisions of this Act.
17(Source: P.A. 100-425, eff. 8-25-17.)