Full Text of HB4903 97th General Assembly
HB4903ham001 97TH GENERAL ASSEMBLY | Rep. Patricia R. Bellock Filed: 3/1/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4903
| 2 | | AMENDMENT NO. ______. Amend House Bill 4903 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 3-103 and by adding Section 3-109.4 as | 6 | | follows:
| 7 | | (40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)
| 8 | | Sec. 3-103. Municipality. | 9 | | (a) "Municipality": (1) Any city, village or incorporated | 10 | | town of 5,000
or more but less than 500,000 inhabitants,
as | 11 | | determined from the United
States Government statistics or a | 12 | | census taken at any time by the city,
village or incorporated | 13 | | town and (2) any city, village or incorporated
town of
less | 14 | | than 5,000 inhabitants which, by referendum held under Section | 15 | | 3-145
adopts this Article.
| 16 | | (b) A municipality includes multiple municipalities that |
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| 1 | | have chosen to consolidate their police departments pursuant to | 2 | | an intergovernmental agreement, as provided for in Section | 3 | | 7-4-7 of the Illinois Municipal Code, provided the combined | 4 | | municipalities individually meet the criteria of subsection | 5 | | (a) of this Section. | 6 | | (Source: P.A. 83-1440.)
| 7 | | (40 ILCS 5/3-109.4 new) | 8 | | Sec. 3-109.4. Consolidation of police pension funds. | 9 | | Municipalities may combine Article 3 pension funds, if (1) the | 10 | | police departments of the involved municipalities have been | 11 | | consolidated pursuant to Section 7-4-7 of the Illinois | 12 | | Municipal Code, (2) the Article 3 pension funds of the involved | 13 | | municipalities were established prior to the consolidation, | 14 | | and (3) an intergovernmental agreement has been approved and | 15 | | executed to complete the consolidation of the pension funds. | 16 | | The newly created consolidated police pension fund will operate | 17 | | as a single fund created under Section 3-101. The | 18 | | municipalities choosing to consolidate their police pension | 19 | | funds under an intergovernmental agreement and this Section | 20 | | shall act as a single municipality under this Article, as | 21 | | defined in subsection (b) of Section 3-103, for the purpose of | 22 | | funding and administering the newly consolidated police | 23 | | pension fund under this Article. | 24 | | The assets of the pre-consolidated police pension funds | 25 | | shall be transferred to the board of trustees of the police |
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| 1 | | pension fund of the consolidated municipalities as defined in | 2 | | subsection (b) of Section 3-103. The consolidated police | 3 | | pension fund shall assume all accrued liabilities of the | 4 | | preexisting individual police pension funds, and all accrued | 5 | | rights, including creditable service, benefits and future | 6 | | expectancies of the members, retired employees and | 7 | | beneficiaries of the preexisting individual police pension | 8 | | funds shall remain unimpaired, and may be enforced against the | 9 | | consolidated pension fund. To the extent possible, the pension | 10 | | fund board of trustees, as defined in Section 3-128, shall | 11 | | consist of one appointed member from each of the consolidated | 12 | | municipalities, with the intergovernmental agreement to set | 13 | | forth how the mayors or village presidents of the | 14 | | municipalities are to appoint the members. | 15 | | The intergovernmental agreement shall include the | 16 | | determination of which municipality's treasurer is to be the | 17 | | treasurer of the consolidated municipality under this Article | 18 | | and under Section 3-132. The intergovernmental agreement shall | 19 | | also include the manner in which the municipalities shall meet | 20 | | the requirements set forth in Sections 3-125 and 3-127 for the | 21 | | consolidated police pension fund. | 22 | | Upon a consolidation of police pension funds under this | 23 | | Section and the creation of a board of trustees for the | 24 | | consolidated police pension fund, the boards of trustees of the | 25 | | individual police pension funds of the consolidated | 26 | | municipalities shall cease to exist. |
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| 1 | | Section 10. The Illinois Municipal Code is amended by | 2 | | changing Sections 7-4-7, 7-4-8, 10-2.1-1 as follows:
| 3 | | (65 ILCS 5/7-4-7) (from Ch. 24, par. 7-4-7)
| 4 | | Sec. 7-4-7.
The territory which is embraced within the | 5 | | corporate limits of
adjoining municipalities within any county | 6 | | in this State shall be a police
district. A consolidated joint | 7 | | law enforcement department is created when 2 or more | 8 | | municipalities enter into an intergovernmental agreement to | 9 | | consolidate each municipality's existing law enforcement | 10 | | agency into a single, consolidated joint law enforcement | 11 | | department for both administrative and operational purposes. A | 12 | | consolidated joint law enforcement department shall be | 13 | | considered to be one department, notwithstanding the fact that | 14 | | it covers more than one municipality.
| 15 | | (Source: Laws 1961, p. 576.)
| 16 | | (65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
| 17 | | Sec. 7-4-8.
The police of any municipality or consolidated | 18 | | joint law enforcement department in such a police district have
| 19 | | full authority and power as peace officers and may go
into any | 20 | | part of the district to exercise that authority and power. For | 21 | | these
purposes the mayor and village president of any | 22 | | municipality in the district, and the chiefs of
police therein, | 23 | | and the chief of any consolidated joint law enforcement |
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| 1 | | department therein, shall use the police forces under their | 2 | | control anywhere in
the district.
| 3 | | (Source: P.A. 90-593, eff. 6-19-98; 91-319, eff. 7-29-99.)
| 4 | | (65 ILCS 5/10-2.1-1) (from Ch. 24, par. 10-2.1-1)
| 5 | | Sec. 10-2.1-1. Appointment-Terms of office.
| 6 | | (a) In every municipality with a population of at least | 7 | | 5,000 and not more
than 250,000 which is not subject to | 8 | | Division 1 of this Article, and in
every municipality with a | 9 | | population of less than 5,000 which adopts this
Division 2.1 as | 10 | | provided in Section 10-2.1-27, including in either event
any | 11 | | municipality incorporated and existing under a special | 12 | | charter, the
mayor of the city, with the consent of the city | 13 | | council or the president of
the village or incorporated town, | 14 | | with the consent of the board of
trustees, shall appoint a | 15 | | board of fire and police commissioners. This
board shall | 16 | | consist of 3 members, whose terms of office shall be 3 years
| 17 | | and until their respective successors are appointed and have | 18 | | qualified,
except as provided in Section 10-2.1-2 or subsection | 19 | | (b) of this Section . No such appointment, however, shall
be | 20 | | made by any mayor or president within 30 days before the | 21 | | expiration of
his term of office.
| 22 | | (b) As used in this Section, "board of fire and police | 23 | | commissioners" includes a consolidated board of fire and police | 24 | | commissioners, which shall be formed at the time that 2 or more | 25 | | municipalities enter into an intergovernmental agreement to |
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| 1 | | consolidate each municipality's existing law enforcement | 2 | | agency into a single, consolidated joint law enforcement | 3 | | department for both administrative and operational purposes. | 4 | | The use of the terms "board", "commission", "member", and, | 5 | | "commissioner", as used in this Section, shall be applicable to | 6 | | a consolidated board of fire and police commissioners and its | 7 | | individual member municipalities. The board shall consist of | 8 | | one member from each municipality, to be appointed in | 9 | | accordance with subsection (a) above, and one member to be | 10 | | appointed in accordance with the intergovernmental agreement | 11 | | that creates the consolidated joint law enforcement | 12 | | department. The individual appointed as a board member in | 13 | | accordance with the intergovernmental agreement shall be an | 14 | | elector of one of the municipalities bound by the | 15 | | intergovernmental agreement. The members of the board shall | 16 | | serve for a term of 3 years and until their respective | 17 | | successors are appointed and have qualified. The | 18 | | qualifications set forth in Section 10-2.1-3 of this Code are | 19 | | applicable to board members, with the additional requirement | 20 | | that the members shall not be related by blood or marriage, up | 21 | | to the degree of first cousin, to any elected official of the | 22 | | municipalities that are party to the intergovernmental | 23 | | agreement. The terms and conditions set forth within this | 24 | | Section, governing the appointment, promotion, and discipline | 25 | | of full-time municipal police officers shall be applicable to | 26 | | full-time police officers appointed to and employed by a |
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| 1 | | consolidated joint law enforcement department. | 2 | | (c) The municipalities party to an intergovernmental | 3 | | agreement that creates a consolidated joint law enforcement | 4 | | department shall, within the terms of the intergovernmental | 5 | | agreement, provide for a budget to fund the day-to-day | 6 | | operations of the board, to include the provision of office and | 7 | | meeting space, record storage, testing for original | 8 | | appointments and promotional appointments, secretarial and | 9 | | administrative assistance, legal fees, hearing expenses, and | 10 | | training of the board's members. Notice and publication | 11 | | requirements, as set forth within this Section and the Open | 12 | | Meetings Act, shall be met by the posting of the required | 13 | | notices at the principal office of the board and by publication | 14 | | within a newspaper of general circulation within the municipal | 15 | | boundaries of the municipalities that are party to the | 16 | | intergovernmental agreement. | 17 | | (d) In the event that one or more of the municipalities | 18 | | party to an intergovernmental agreement that creates a | 19 | | consolidated joint law enforcement department maintains a | 20 | | full-time municipal fire department, then a separate board of | 21 | | fire and police commissioners, as provided for under subsection | 22 | | (a), shall be appointed for each of the municipal fire | 23 | | departments, by the municipalities that have a full-time fire | 24 | | department. In that case, any existing board of fire and police | 25 | | commissioners shall continue to serve for the municipal fire | 26 | | department. Otherwise, any existing board of fire and police |
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| 1 | | commissioners shall cease to exist upon the establishment of | 2 | | the board. | 3 | | (e) Any police eligibility lists for original appointment | 4 | | or promotion in existence at the time any municipalities | 5 | | execute an intergovernmental agreement to create a | 6 | | consolidated joint law enforcement department, shall be deemed | 7 | | null and void, and the board shall proceed to create new | 8 | | original appointment and promotional lists for the | 9 | | consolidated joint law enforcement department in accordance | 10 | | with this Section. | 11 | | (Source: P.A. 76-1445.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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