Full Text of SB2619 100th General Assembly
SB2619sam001 100TH GENERAL ASSEMBLY | Sen. Neil Anderson Filed: 4/4/2018
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| 1 | | AMENDMENT TO SENATE BILL 2619
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2619 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing 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 | 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 Basic Operations |
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| 1 | | Firefighter Basic Certification or Office of the State Fire | 2 | | Marshal Firefighter II Certification; Office of the State | 3 | | Fire Marshal Advanced Fire Officer Certification or Office | 4 | | of the State Fire
Marshal Fire Officer I and II | 5 | | Certification Certifications ; and an associate degree in | 6 | | fire science or a bachelor's degree from an accredited | 7 | | university or college; or | 8 | | (2) a current certification from the International | 9 | | Fire Service Accreditation Congress
or Pro Board Fire | 10 | | Service Professional Qualifications System that meets the | 11 | | National Fire
Protection Association standard NFPA 1001, | 12 | | Standard for Fire Fighter Professional
Qualifications, | 13 | | Level I job performance requirements; a current | 14 | | certification from the
International Fire Service | 15 | | Accreditation Congress or Pro Board Fire Service | 16 | | Professional
Qualifications System that meets the National | 17 | | Fire Protection Association standard
NFPA 1021, Standard | 18 | | for Fire Officer Professional Qualifications, Fire Officer | 19 | | II job
performance requirements; and an associate degree in | 20 | | fire science or a bachelor's
degree from an accredited | 21 | | university or college; | 22 | | (3) qualifications that meet the National Fire | 23 | | Protection Association standard NFPA
1001, Standard for | 24 | | Fire Fighter Professional Qualifications, Level I job | 25 | | performance
requirements; qualifications that meet the | 26 | | National Fire Protection Association standard
NFPA 1021, |
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| 1 | | Standard for Fire Officer Professional Qualifications, | 2 | | Fire
Officer II job performance requirements; and an | 3 | | associate degree in fire science or a
bachelor's degree | 4 | | from an accredited university or college; or | 5 | | (4) (2) a minimum of 10 years' experience as a | 6 | | firefighter at the fire department in the jurisdiction | 7 | | making the appointment. | 8 | | This Section applies to fire departments that employ | 9 | | firefighters hired under the provisions Section 10-1-7.1 or | 10 | | 10-1-7.2 of this Division.
| 11 | | On and after the effective date of this amendatory Act of | 12 | | the 100th General Assembly, a home rule municipality may not | 13 | | appoint a fire chief, an acting chief, a department head, or a | 14 | | position, by whatever title, that is responsible for day-to-day | 15 | | operations of a fire department for greater than 180 days in a | 16 | | manner inconsistent with this Section. This Section is a | 17 | | limitation under subsection (i) of Section 6 of Article VII of | 18 | | the Illinois Constitution on the concurrent exercise by home | 19 | | rule units of powers and functions exercised by the State. | 20 | | (Source: P.A. 100-425, eff. 8-25-17.)
| 21 | | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| 22 | | Sec. 10-2.1-4. Fire and police departments; appointment of
| 23 | | members; certificates of appointments. The board of fire and | 24 | | police commissioners shall appoint all officers
and members of | 25 | | the fire and police departments of the municipality,
including |
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| 1 | | the chief of police and the chief of the fire department,
| 2 | | unless the council or board of trustees shall by ordinance as | 3 | | to them
otherwise provide; except as otherwise provided in this | 4 | | Section, and
except that in any municipality which adopts or | 5 | | has
adopted this Division 2.1 and also adopts or has adopted | 6 | | Article 5 of
this Code, the chief of police and the chief of | 7 | | the fire department
shall be appointed by the municipal | 8 | | manager, if it is provided by
ordinance in such municipality | 9 | | that such chiefs, or either of them,
shall not be appointed by | 10 | | the board of fire and police commissioners.
| 11 | | If the chief of the fire department or the chief of the | 12 | | police department
or both of them are appointed in the manner | 13 | | provided by ordinance, they
may be removed or discharged by the | 14 | | appointing authority. In such case
the appointing authority | 15 | | shall file with the corporate authorities the reasons
for such | 16 | | removal or discharge, which removal or discharge shall not | 17 | | become
effective unless confirmed by a majority vote of the | 18 | | corporate authorities.
| 19 | | After the effective date of this amendatory Act of the | 20 | | 100th General Assembly this amendatory Act of the 100th General | 21 | | Assembly , a person shall not be appointed as the chief, the | 22 | | acting chief, the department head, or a position, by whatever | 23 | | title, that is responsible for day-to-day operations of a fire | 24 | | department for greater than 180 days unless he or she possesses | 25 | | the following qualifications and certifications: | 26 | | (1) Office of the State Fire Marshal Basic Operations |
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| 1 | | Firefighter Basic Certification or Office of the State Fire | 2 | | Marshal Firefighter II Certification; Office of the State | 3 | | Fire Marshal Advanced Fire Officer Certification or Office | 4 | | of the State Fire Marshal Fire Officer I and II | 5 | | Certification Certifications ; and an associate degree in | 6 | | fire science or a bachelor's degree from an accredited | 7 | | university or college; or | 8 | | (2) a current certification from the International | 9 | | Fire Service Accreditation Congress
or Pro Board Fire | 10 | | Service Professional Qualifications System that meets the | 11 | | National Fire
Protection Association standard NFPA 1001, | 12 | | Standard for Fire Fighter Professional
Qualifications, | 13 | | Level I job performance requirements; a current | 14 | | certification from the
International Fire Service | 15 | | Accreditation Congress or Pro Board Fire Service | 16 | | Professional
Qualifications System that meets the National | 17 | | Fire Protection Association standard
NFPA 1021, Standard | 18 | | for Fire Officer Professional Qualifications, Fire Officer | 19 | | II job
performance requirements; and an associate degree in | 20 | | fire science or a bachelor's
degree from an accredited | 21 | | university or college; | 22 | | (3) qualifications that meet the National Fire | 23 | | Protection Association standard NFPA
1001, Standard for | 24 | | Fire Fighter Professional Qualifications, Level I job | 25 | | performance
requirements; qualifications that meet the | 26 | | National Fire Protection Association standard
NFPA 1021, |
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| 1 | | Standard for Fire Officer Professional Qualifications, | 2 | | Fire
Officer II job performance requirements; and an | 3 | | associate degree in fire science or a
bachelor's degree | 4 | | from an accredited university or college; or | 5 | | (4) (2) a minimum of 10 years' experience as a | 6 | | firefighter at the fire department in the jurisdiction | 7 | | making the appointment. | 8 | | This paragraph applies to fire departments that employ | 9 | | firefighters hired under the provisions of this Division. On | 10 | | and after the effective date of this amendatory Act of the | 11 | | 100th General Assembly, a home rule municipality may not | 12 | | appoint a fire chief, an acting chief, a department head, or a | 13 | | position, by whatever title, that is responsible for day-to-day | 14 | | operations of a fire department for greater than 180 days in a | 15 | | manner inconsistent with this paragraph. This paragraph is a | 16 | | limitation under subsection (i) of Section 6 of Article VII of | 17 | | the Illinois Constitution on the concurrent exercise by home | 18 | | rule units of powers and functions exercised by the State. | 19 | | If a member of the department is appointed chief of police | 20 | | or chief
of the fire department prior to being eligible to | 21 | | retire on pension, he
shall be considered as on furlough from | 22 | | the rank he held immediately
prior to his appointment as chief. | 23 | | If he resigns as chief or is
discharged as chief prior to | 24 | | attaining eligibility to retire on pension,
he shall revert to | 25 | | and be established in whatever rank he currently holds,
except | 26 | | for previously appointed positions, and thereafter
be entitled |
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| 1 | | to all the benefits and emoluments of that rank,
without regard | 2 | | as to whether a vacancy then exists in that rank.
| 3 | | All appointments to each department other than that of the | 4 | | lowest
rank, however, shall be from the rank next below that to | 5 | | which the
appointment is made except as otherwise provided in | 6 | | this Section, and
except that the chief of police and the chief | 7 | | of the
fire department may be appointed from among members of | 8 | | the police and
fire departments, respectively, regardless of | 9 | | rank, unless the council
or board of trustees shall have by | 10 | | ordinance as to them otherwise provided.
A chief of police or | 11 | | the chief of the fire department, having been appointed
from | 12 | | among members
of the police or fire department, respectively, | 13 | | shall be permitted, regardless
of rank, to
take promotional
| 14 | | exams and be promoted to a higher classified rank than he | 15 | | currently holds,
without having to
resign as chief of police or | 16 | | chief of the fire department.
| 17 | | The sole authority to issue certificates of appointment | 18 | | shall be
vested in the Board of Fire and Police Commissioners | 19 | | and all
certificates of appointments issued to any officer or | 20 | | member of the fire
or police department of a municipality shall | 21 | | be signed by the chairman
and secretary respectively of the | 22 | | board of fire and police commissioners
of such municipality, | 23 | | upon appointment of such officer or member of the
fire and | 24 | | police department of such municipality by action of the board
| 25 | | of fire and police commissioners. After being selected from the | 26 | | register of eligibles to fill a vacancy in the affected |
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| 1 | | department, each appointee shall be presented with his or her | 2 | | certificate of appointment on the day on which he or she is | 3 | | sworn in as a classified member of the affected department. | 4 | | Firefighters who were not issued a certificate of appointment | 5 | | when originally appointed shall be provided with a certificate | 6 | | within 10 days after making a written request to the | 7 | | chairperson of the Board of Fire and Police Commissioners. In | 8 | | any municipal fire department that employs full-time | 9 | | firefighters and is subject to a collective bargaining | 10 | | agreement, a person who has not qualified for regular | 11 | | appointment under the provisions of this Division 2.1 shall not | 12 | | be used as a temporary or permanent substitute for classified | 13 | | members of a municipality's fire department or for regular | 14 | | appointment as a classified member of a municipality's fire | 15 | | department unless mutually agreed to by the employee's | 16 | | certified bargaining agent. Such agreement shall be considered | 17 | | a permissive subject of bargaining. Municipal fire departments | 18 | | covered by the changes made by Public Act 95-490 this | 19 | | amendatory Act of the 95th General Assembly that are using | 20 | | non-certificated employees as substitutes immediately prior to | 21 | | June 1, 2008 ( the effective date of Public Act 95-490) this | 22 | | amendatory Act of the 95th General Assembly may, by mutual | 23 | | agreement with the certified bargaining agent, continue the | 24 | | existing practice or a modified practice and that agreement | 25 | | shall be considered a permissive subject of bargaining. A home | 26 | | rule unit may not regulate the hiring of temporary or |
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| 1 | | substitute members of the municipality's fire department in a | 2 | | manner that is inconsistent with this Section. This Section is | 3 | | a limitation under subsection (i) of Section 6 of Article VII | 4 | | of the Illinois Constitution on the concurrent exercise by home | 5 | | rule units of powers and functions exercised by the State.
| 6 | | The term "policemen" as used in this Division does not | 7 | | include
auxiliary police officers except as provided for in | 8 | | Section 10-2.1-6.
| 9 | | Any full-time full time member of a regular fire or police | 10 | | department of any
municipality which comes under the provisions | 11 | | of this Division or adopts
this Division 2.1 or which has | 12 | | adopted any of the prior Acts pertaining to
fire and police | 13 | | commissioners, is a city officer.
| 14 | | Notwithstanding any other provision of this Section, the | 15 | | Chief of
Police of a department in a non-home rule municipality | 16 | | of more than 130,000
inhabitants may, without the advice or | 17 | | consent of the Board of
Fire and Police Commissioners, appoint | 18 | | up to 6 officers who shall be known
as deputy chiefs or | 19 | | assistant deputy chiefs, and whose rank shall be
immediately | 20 | | below that of Chief. The deputy or assistant deputy chiefs may
| 21 | | be appointed from any rank of sworn officers of that | 22 | | municipality, but no
person who is not such a sworn officer may | 23 | | be so appointed. Such deputy
chief or assistant deputy chief | 24 | | shall have the authority to direct and
issue orders to all | 25 | | employees of the Department holding the rank of captain
or any | 26 | | lower rank.
A deputy chief of police or assistant deputy chief |
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| 1 | | of police, having been
appointed from any rank
of sworn | 2 | | officers of that municipality, shall be permitted, regardless | 3 | | of rank,
to take promotional
exams and be promoted to a higher | 4 | | classified rank than he currently holds,
without having to
| 5 | | resign as deputy chief of police or assistant deputy chief of | 6 | | police.
| 7 | | Notwithstanding any other provision of this Section, a | 8 | | non-home rule
municipality of 130,000 or fewer inhabitants, | 9 | | through its council or board
of trustees, may, by ordinance, | 10 | | provide for a position of deputy chief to be
appointed by the | 11 | | chief of the police department. The ordinance shall provide
for | 12 | | no more than one deputy chief position if the police department | 13 | | has fewer
than 25 full-time police officers and for no more | 14 | | than 2 deputy chief positions
if the police department has 25 | 15 | | or more full-time police officers. The deputy
chief position
| 16 | | shall be an exempt rank immediately below that of Chief. The | 17 | | deputy chief may
be appointed from any rank of sworn, full-time | 18 | | officers of the municipality's
police department, but must have | 19 | | at least 5 years of full-time service as a
police officer in | 20 | | that department. A deputy chief shall serve at the
discretion | 21 | | of the Chief and, if removed from the position,
shall revert to | 22 | | the rank currently held, without regard as to whether a
vacancy | 23 | | exists in
that rank. A deputy chief
of police, having been | 24 | | appointed from any rank of sworn full-time officers of
that | 25 | | municipality's
police department, shall be permitted, | 26 | | regardless of rank, to take promotional
exams and be
promoted |
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| 1 | | to a higher classified rank than he currently holds, without | 2 | | having to
resign as deputy
chief of police.
| 3 | | No municipality having a population less than 1,000,000 | 4 | | shall require
that any firefighter appointed to the lowest
rank | 5 | | serve a probationary employment period of longer than one year. | 6 | | The
limitation on periods of probationary employment provided | 7 | | in Public Act 86-990 this
amendatory Act of 1989 is an | 8 | | exclusive power and function of the State.
Pursuant to | 9 | | subsection (h) of Section 6 of Article VII of the Illinois
| 10 | | Constitution, a home rule municipality having a population less | 11 | | than 1,000,000
must comply with this limitation on periods of | 12 | | probationary employment, which
is a denial and limitation of | 13 | | home rule powers. Notwithstanding anything to
the contrary in | 14 | | this Section, the probationary employment period limitation
| 15 | | may be extended for a firefighter who is required, as a | 16 | | condition of employment, to be a licensed paramedic, during | 17 | | which time the sole reason that a firefighter may be discharged | 18 | | without a hearing is for failing to meet the requirements for | 19 | | paramedic licensure.
| 20 | | To the extent that this Section or any other Section in | 21 | | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | 22 | | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. | 23 | | (Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17; | 24 | | revised 10-3-17.)
| 25 | | Section 10. The Fire Protection District Act is amended by |
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| 1 | | changing Section 16.04b as follows: | 2 | | (70 ILCS 705/16.04b) | 3 | | Sec. 16.04b. Appointment of fire chief. Notwithstanding | 4 | | any other provision in this Act, after the effective date of | 5 | | this amendatory Act of the 100th General Assembly this | 6 | | amendatory Act of the 100th General Assembly , a person shall | 7 | | not be appointed as the chief, the acting chief, the department | 8 | | head, or a position, by whatever title, that is responsible for | 9 | | day-to-day operations of a fire protection district for greater | 10 | | than 180 days unless he or she possesses the following | 11 | | qualifications and certifications: | 12 | | (1) Office of the State Fire Marshal Basic Operations | 13 | | Firefighter Basic Certification or Office of the State Fire | 14 | | Marshal Firefighter II Certification; Office of the State | 15 | | Fire Marshal Advanced Fire Officer Certification or Office | 16 | | of the State Fire Marshal Fire Officer I and II | 17 | | Certification Certifications ; and an associate degree in | 18 | | fire science or a bachelor's degree from an accredited | 19 | | university or college; or | 20 | | (2) a current certification from the International | 21 | | Fire Service Accreditation Congress
or Pro Board Fire | 22 | | Service Professional Qualifications System that meets the | 23 | | National Fire
Protection Association standard NFPA 1001, | 24 | | Standard for Fire Fighter Professional
Qualifications, | 25 | | Level I job performance requirements; a current |
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| 1 | | certification from the
International Fire Service | 2 | | Accreditation Congress or Pro Board Fire Service | 3 | | Professional
Qualifications System that meets the National | 4 | | Fire Protection Association standard
NFPA 1021, Standard | 5 | | for Fire Officer Professional Qualifications, Fire Officer | 6 | | II job
performance requirements; and an associate degree in | 7 | | fire science or a bachelor's
degree from an accredited | 8 | | university or college; | 9 | | (3) qualifications that meet the National Fire | 10 | | Protection Association standard NFPA
1001, Standard for | 11 | | Fire Fighter Professional Qualifications, Level I job | 12 | | performance
requirements; qualifications that meet the | 13 | | National Fire Protection Association standard
NFPA 1021, | 14 | | Standard for Fire Officer Professional Qualifications, | 15 | | Fire
Officer II job performance requirements; and an | 16 | | associate degree in fire science or a
bachelor's degree | 17 | | from an accredited university or college; or | 18 | | (4) (2) a minimum of 10 years' experience as a | 19 | | firefighter in the fire protection district of the | 20 | | jurisdiction making the appointment. | 21 | | This Section applies to fire protection districts that | 22 | | employ firefighters hired under the provisions of this Act.
| 23 | | (Source: P.A. 100-425, eff. 8-25-17.)".
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