100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4791

 

Introduced , by Rep. Carol Sente

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-1-7.3
65 ILCS 5/10-2.1-4  from Ch. 24, par. 10-2.1-4
70 ILCS 705/16.04b

    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 certification that meets the National Fire Protection Association's NFPA 1001, Standard for Fire Fighter Professional Qualifications, Fire Fighter II job performance requirements; certification that meets the National Fire Protection Association's NFPA 1021, Standard for Fire Officer Professional Qualifications, Fire Officer II job performance requirements (rather than 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).


LRB100 18393 MJP 33604 b

 

 

A BILL FOR

 

HB4791LRB100 18393 MJP 33604 b

1    AN ACT concerning safety.
 
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 10-1-7.3 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, a person
10shall not be appointed as the chief, the acting chief, the
11department head, or a position, by whatever title, that is
12responsible for day-to-day operations of a fire department for
13greater than 180 days unless he or she possesses the following
14qualifications and certifications:
15        (1) Certification that meets the National Fire
16    Protection Association's NFPA 1001, Standard for Fire
17    Fighter Professional Qualifications, Fire Fighter II job
18    performance requirements; certification that meets the
19    National Fire Protection Association's NFPA 1021, Standard
20    for Fire Officer Professional Qualifications, Fire Officer
21    II job performance requirements Office of the State Fire
22    Marshal Firefighter Basic Certification or Firefighter II
23    Certification; Office of the State Fire Marshal Fire

 

 

HB4791- 2 -LRB100 18393 MJP 33604 b

1    Officer I and II Certifications; and an associate degree in
2    fire science or a bachelor's degree from an accredited
3    university or college; or
4        (2) a minimum of 10 years' experience as a firefighter
5    at the fire department in the jurisdiction making the
6    appointment.
7    This Section applies to fire departments that employ
8firefighters hired under Section 10-1-7.1 or 10-1-7.2 of this
9Division.
10(Source: P.A. 100-425, eff. 8-25-17.)
 
11    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
12    Sec. 10-2.1-4. Fire and police departments; appointment of
13members; certificates of appointments. The board of fire and
14police commissioners shall appoint all officers and members of
15the fire and police departments of the municipality, including
16the chief of police and the chief of the fire department,
17unless the council or board of trustees shall by ordinance as
18to them otherwise provide; except as otherwise provided in this
19Section, and except that in any municipality which adopts or
20has adopted this Division 2.1 and also adopts or has adopted
21Article 5 of this Code, the chief of police and the chief of
22the fire department shall be appointed by the municipal
23manager, if it is provided by ordinance in such municipality
24that such chiefs, or either of them, shall not be appointed by
25the board of fire and police commissioners.

 

 

HB4791- 3 -LRB100 18393 MJP 33604 b

1    If the chief of the fire department or the chief of the
2police department or both of them are appointed in the manner
3provided by ordinance, they may be removed or discharged by the
4appointing authority. In such case the appointing authority
5shall file with the corporate authorities the reasons for such
6removal or discharge, which removal or discharge shall not
7become effective unless confirmed by a majority vote of the
8corporate authorities.
9    After August 25, 2017 (the effective date of Public Act
10100-425) this amendatory Act of the 100th General Assembly, a
11person shall not be appointed as the chief, the acting chief,
12the department 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) Certification that meets the National Fire
17    Protection Association's NFPA 1001, Standard for Fire
18    Fighter Professional Qualifications, Fire Fighter II job
19    performance requirements; certification that meets the
20    National Fire Protection Association's NFPA 1021, Standard
21    for Fire Officer Professional Qualifications, Fire Officer
22    II job performance requirements Office of the State Fire
23    Marshal Firefighter Basic Certification or Firefighter II
24    Certification; Office of the State Fire Marshal Fire
25    Officer I and II Certifications; and an associate degree in
26    fire science or a bachelor's degree from an accredited

 

 

HB4791- 4 -LRB100 18393 MJP 33604 b

1    university or college; or
2        (2) a minimum of 10 years' experience as a firefighter
3    at the fire department in the jurisdiction making the
4    appointment.
5This paragraph applies to fire departments that employ
6firefighters hired under the provisions of this Division.
7    If a member of the department is appointed chief of police
8or chief of the fire department prior to being eligible to
9retire on pension, he shall be considered as on furlough from
10the rank he held immediately prior to his appointment as chief.
11If he resigns as chief or is discharged as chief prior to
12attaining eligibility to retire on pension, he shall revert to
13and be established in whatever rank he currently holds, except
14for previously appointed positions, and thereafter be entitled
15to all the benefits and emoluments of that rank, without regard
16as to whether a vacancy then exists in that rank.
17    All appointments to each department other than that of the
18lowest rank, however, shall be from the rank next below that to
19which the appointment is made except as otherwise provided in
20this Section, and except that the chief of police and the chief
21of the fire department may be appointed from among members of
22the police and fire departments, respectively, regardless of
23rank, unless the council or board of trustees shall have by
24ordinance as to them otherwise provided. A chief of police or
25the chief of the fire department, having been appointed from
26among members of the police or fire department, respectively,

 

 

HB4791- 5 -LRB100 18393 MJP 33604 b

1shall be permitted, regardless of rank, to take promotional
2exams and be promoted to a higher classified rank than he
3currently holds, without having to resign as chief of police or
4chief of the fire department.
5    The sole authority to issue certificates of appointment
6shall be vested in the Board of Fire and Police Commissioners
7and all certificates of appointments issued to any officer or
8member of the fire or police department of a municipality shall
9be signed by the chairman and secretary respectively of the
10board of fire and police commissioners of such municipality,
11upon appointment of such officer or member of the fire and
12police department of such municipality by action of the board
13of fire and police commissioners. After being selected from the
14register of eligibles to fill a vacancy in the affected
15department, each appointee shall be presented with his or her
16certificate of appointment on the day on which he or she is
17sworn in as a classified member of the affected department.
18Firefighters who were not issued a certificate of appointment
19when originally appointed shall be provided with a certificate
20within 10 days after making a written request to the
21chairperson of the Board of Fire and Police Commissioners. In
22any municipal fire department that employs full-time
23firefighters and is subject to a collective bargaining
24agreement, a person who has not qualified for regular
25appointment under the provisions of this Division 2.1 shall not
26be used as a temporary or permanent substitute for classified

 

 

HB4791- 6 -LRB100 18393 MJP 33604 b

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

 

 

HB4791- 7 -LRB100 18393 MJP 33604 b

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

 

 

HB4791- 8 -LRB100 18393 MJP 33604 b

1has fewer than 25 full-time police officers and for no more
2than 2 deputy chief positions if the police department has 25
3or more full-time police officers. The deputy chief position
4shall be an exempt rank immediately below that of Chief. The
5deputy chief may be appointed from any rank of sworn, full-time
6officers of the municipality's police department, but must have
7at least 5 years of full-time service as a police officer in
8that department. A deputy chief shall serve at the discretion
9of the Chief and, if removed from the position, shall revert to
10the rank currently held, without regard as to whether a vacancy
11exists in that rank. A deputy chief of police, having been
12appointed from any rank of sworn full-time officers of that
13municipality's police department, shall be permitted,
14regardless of rank, to take promotional exams and be promoted
15to a higher classified rank than he currently holds, without
16having to resign as deputy chief of police.
17    No municipality having a population less than 1,000,000
18shall require that any firefighter appointed to the lowest rank
19serve a probationary employment period of longer than one year.
20The limitation on periods of probationary employment provided
21in Public Act 86-990 this amendatory Act of 1989 is an
22exclusive power and function of the State. Pursuant to
23subsection (h) of Section 6 of Article VII of the Illinois
24Constitution, a home rule municipality having a population less
25than 1,000,000 must comply with this limitation on periods of
26probationary employment, which is a denial and limitation of

 

 

HB4791- 9 -LRB100 18393 MJP 33604 b

1home rule powers. Notwithstanding anything to the contrary in
2this Section, the probationary employment period limitation
3may be extended for a firefighter who is required, as a
4condition of employment, to be a licensed paramedic, during
5which time the sole reason that a firefighter may be discharged
6without a hearing is for failing to meet the requirements for
7paramedic licensure.
8    To the extent that this Section or any other Section in
9this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
10then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
11(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;
12revised 10-3-17.)
 
13    Section 10. The Fire Protection District Act is amended by
14changing Section 16.04b as follows:
 
15    (70 ILCS 705/16.04b)
16    Sec. 16.04b. Appointment of fire chief. Notwithstanding
17any other provision in this Act, after the effective date of
18this amendatory Act of the 100th General Assembly, a person
19shall not be appointed as the chief, the acting chief, the
20department head, or a position, by whatever title, that is
21responsible for day-to-day operations of a fire protection
22district for greater than 180 days unless he or she possesses
23the following qualifications and certifications:
24        (1) Certification that meets the National Fire

 

 

HB4791- 10 -LRB100 18393 MJP 33604 b

1    Protection Association's NFPA 1001, Standard for Fire
2    Fighter Professional Qualifications, Fire Fighter II job
3    performance requirements; certification that meets the
4    National Fire Protection Association's NFPA 1021, Standard
5    for Fire Officer Professional Qualifications, Fire Officer
6    II job performance requirements Office of the State Fire
7    Marshal Firefighter Basic Certification or Firefighter II
8    Certification; Office of the State Fire Marshal Fire
9    Officer I and II Certifications; and an associate degree in
10    fire science or a bachelor's degree from an accredited
11    university or college; or
12        (2) a minimum of 10 years' experience as a firefighter
13    in the fire protection district of the jurisdiction making
14    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.)