HB5197sam002 100TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 5/22/2018

10000HB5197sam002 LRB100 19037 AWJ 40583 a

AMENDMENT TO HOUSE BILL 5197

AMENDMENT NO. ______. Amend House Bill 5197 by replacing everything after the enacting clause with the following:

"Section 5. Findings. The General Assembly finds that the positions of fire chief and paramedic chief in the Chicago Fire Department are positions that require the knowledge and skill of experienced members of the Chicago Fire Department. Furthermore, the General Assembly finds that the positions of fire chief and paramedic chief are positions in which persons holding the fire chief and paramedic chief rank take command of, or otherwise give orders to, their subordinates at potentially dangerous or life-threatening incidents and activities.

Section 10. The Illinois Municipal Code is amended by adding Section 10-1-7.4 and by changing Section 11-10-2 as follows:

(65 ILCS 5/10-1-7.4 new)

Sec. 10-1-7.4. Temporary fire chief and paramedic chief advisory board.

(a) As used in this Section, "fire chief" or "paramedic chief" means an individual temporarily appointed by the Fire Commissioner to have direct supervisory authority over sworn members of the department.

(b) A non-binding advisory board is created in the Chicago Fire Department to recommend to the Fire Commissioner of the Chicago Fire Department the best candidates for each position of fire chief or paramedic chief. The advisory board shall be comprised of 8 members appointed by the Fire Commissioner, or his or her designee, 4 of whom must be, at the time of appointment and during all times while serving on the advisory board: (i) a member of an organization representing the interest of firefighters and paramedics of the Chicago Fire Department; and (ii) elected at large by members of that organization to the organization's executive board. The Fire Commissioner shall make his or her initial appointments to the advisory board no later than 60 days after the effective date of this amendatory Act of the 100th General Assembly. The advisory board shall meet no later than 90 days after the effective date of this amendatory Act of the 100th General Assembly to elect a chair and vice-chair. Beginning June 1, 2019, and every June 1 thereafter, members shall be appointed or reappointed to one-year terms and each newly-appointed advisory board shall meet no later than July 1 of each year to elect a chair and vice-chair.

(c) The Fire Commissioner shall provide written notice to the advisory board each time the Fire Commissioner will need to make an appointment of a fire chief or paramedic chief. The Fire Commissioner must provide with the written notice to the advisory board a list of qualified candidates for each position that he or she will need to make an appointment. The advisory board shall meet no later than 30 days after receipt of each written notice from the Fire Commissioner and shall issue a recommendation or recommendations to the Fire Commissioner no later than 15 days after the initial meeting. In order to be recommended for the position of fire chief or paramedic chief, 5 members of the advisory board must agree to the recommendation.

(d) The Fire Commissioner may appoint a fire chief or paramedic chief after the advisory board has issued its recommendation under subsection (c). An individual appointed fire chief or paramedic chief by the Fire Commissioner must meet the following criteria:

(1) is an active member of the Chicago Fire Department who is not receiving any type of pension from the Firemen's Annuity and Benefit Fund of Chicago;

(2) has 10 years of creditable service time with the Chicago Fire Department;

(3) has held the position of battalion chief with the Chicago Fire Department for a period of not less than 5 years immediately prior to his or her appointment to the rank of fire chief or paramedic chief; and

(4) is subject to the maximum age restrictions consistent with the ordinances of the City of Chicago that govern active sworn members of the Chicago Fire Department.

(e) The advisory board shall adopt all necessary rules and procedures it finds necessary to carry out the process of recommending qualified candidates. The City of Chicago shall provide administrative and other support to the advisory board.

(f) The regulation of the advisory board and the regulation of appointments of fire chiefs or paramedic chiefs in the Chicago Fire Department are exclusive powers and functions of the State. The City of Chicago may not regulate the advisory board or regulate appointments of fire chiefs or paramedic chiefs in the Chicago Fire Department. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)

Sec. 11-10-2. (a) A department foreign fire insurance board shall be created within the fire department of each municipality with fewer than 500,000 inhabitants that has an organized fire department. The board shall consist of 7 trustees; the fire chief, who shall hold office by virtue of rank, and 6 members, who shall be elected at large by the sworn members of the department. If there is an insufficient number of candidates to fill all these positions, the number of board members may be reduced, but not to fewer than 3 trustees. All members of the department shall be eligible to be elected as officers of the department foreign fire insurance board. The members of this board shall annually elect officers. These officers shall be a chairman and a treasurer. The trustees of the department foreign fire insurance board shall make all needful rules and regulations with respect to the department foreign fire insurance board and the management of the money to be appropriated to the board. The officers of the department foreign fire insurance board shall develop and maintain a listing of those items that the board feels are appropriate expenditures under this Act. The treasurer of the department foreign fire insurance board shall give a sufficient bond to the municipality in which the fire department is organized. This bond shall be approved by the mayor or president, as the case may be, conditioned upon the faithful performance by the treasurer of his or her duties under the ordinance and the rules and regulations provided for in this section. The treasurer of the department foreign fire insurance board shall receive the appropriated money and shall pay out the money upon the order of the department foreign fire insurance board for the maintenance, use, and benefit of the department. As part of the annual municipal audit, these funds shall be audited to verify that the funds have been expended by that board only for the maintenance, use, and benefit of the department.

(b) As used in this subsection, "active member" means a member of the Chicago Fire Department who is not receiving a disability pension, retired, or a deferred pensioner of the Firemen's Annuity and Benefit Fund of Chicago.

A department foreign fire insurance board is created within the Chicago Fire Department. The board shall consist of 7 trustees who shall be initially elected on or before January 1, 2019: the fire commissioner, who shall hold office by virtue of rank, and 6 elected trustees, who shall be elected at large by the sworn members of the department. If there is an insufficient number of candidates seeking election to each vacant trustee position, the number of board members is reduced to 5 trustees, including the fire commissioner of the department, until the next election cycle when there are enough active members seeking election to fill all 7 member seats. All active members are eligible to be elected as trustees of the department foreign fire insurance board. Of the trustees first elected, 3 trustees shall be elected to a 2-year term and 3 trustees shall be elected to a 3-year term. After the initial election, a trustee shall be elected for a term of 3 years. If a member of the board resigns, is removed, or is unable to continue serving on the board, the vacancy shall be filled by special election of the active members or, in the case of a vacancy that will exist for fewer than 180 days until the term expires, by appointment by majority vote of the members of the board.

The members of the board shall annually elect officers. These officers shall be a chairman, treasurer, and secretary. The trustees of the board shall make rules and regulations with respect to the board and the management of the money appropriated to the board. The officers of the board shall develop and maintain a listing of those items that the board believes are appropriate expenditures under this subsection. The treasurer of the board shall give a sufficient bond to the City of Chicago. The cost of the bond shall be paid out of the moneys in the board's fund. The bond shall be conditioned upon the faithful performance by the treasurer of his or her duties under the rules and regulations provided for in this subsection. The treasurer of the board shall receive the appropriated proceeds and shall disburse the proceeds upon the order of the board for the maintenance, use, and benefit of the department consistent with this subsection. As part of the annual municipal audit, these funds shall be audited to verify that the funds have been expended lawfully by the board consistent with this subsection.

Within 30 days after receipt of any foreign fire insurance proceeds by the City of Chicago, the City of Chicago shall transfer the proceeds to the board by depositing the proceeds into an account determined by the board, except that if the effective date of this amendatory Act of the 100th General Assembly is after July 31, 2018, then the City of Chicago shall, for budget year 2019 only, transfer only 50% of the proceeds to the board. Notwithstanding any other provision of law: 50% of the foreign fire insurance proceeds received by the board shall be used for the maintenance, use, benefit, or enhancement of fire stations or training facilities used by the active members of the fire department; 25% of the foreign fire insurance proceeds received by the board shall be used for the maintenance, use, benefit, or enhancement of emergency response vehicles, tools, and equipment used by the active members of the department; and 25% of the foreign fire insurance proceeds received by the board shall be used for the maintenance and enhancement of the department and for the use and benefit of the active members of the department in a manner otherwise consistent with this Act. Foreign fire insurance proceeds may not be used to purchase, maintain, or enhance personal property of a member of the department, except for personal property used in the performance of his or her duties or training activities.

(c) The provisions of this Section shall be the exclusive power of the State, pursuant to subsection (h) of Section 6 of Article VII of the Constitution.

(Source: P.A. 95-807, eff. 8-12-08; 96-505, eff. 8-14-09.)

Section 99. Effective date. This Act takes effect upon becoming law.".