Illinois General Assembly - Full Text of HB0105
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Full Text of HB0105  101st General Assembly

HB0105ham001 101ST GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 3/12/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 105

2    AMENDMENT NO. ______. Amend House Bill 105 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Fire Investigation Act is amended by
5changing Sections 6, 6.1, 7, 8, 9, 9a, 9b, 9e, 9f, 12, 13, and
613.1 and by adding Sections 3, 8a, and 9g as follows:
 
7    (425 ILCS 25/3 new)
8    Sec. 3. Definitions. In this Act:
9    "Chief of the fire department" means the senior fire
10officer of a municipal fire department, volunteer fire
11department, or fire protection district.
12    "Local authority having jurisdiction" means a unit of local
13government or fire protection district located within the
14State.
15    "Local fire prevention and life safety standards" means the
16fire prevention and life safety standards adopted by a local

 

 

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1authority having jurisdiction.
2    "Local officers" means the officers responsible for fire
3and building code enforcement within their unit of local
4government or fire protection district.
5    "Notice" means a notice of violation issued to an owner,
6occupant, or other person interested in a premises that
7identifies violations of the fire prevention and life safety
8rules adopted by the Office.
9    "Office" means the Office of the Illinois State Fire
10Marshal and its officers, investigators, inspectors, and
11administrative employees.
12    "Order" means an administrative order issued to an owner,
13occupant, or other person interested in a premises that directs
14immediate compliance with the fire prevention and life safety
15rules adopted by the Office.
16    "Owner, occupant, or other person interested in the
17premises" means the owner, occupant, or other person with a
18legal interest in any building, structure, or the real property
19upon which the building or structure is situated.
20    "Premises" means any building or structure or the real
21property upon which the building or structure is situated.
22    "State Fire Marshal" means the Illinois State Fire Marshal
23or his or her designee.
 
24    (425 ILCS 25/6)  (from Ch. 127 1/2, par. 6)
25    Sec. 6. Investigation and record of fires; Office of the

 

 

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1State Fire Marshal.
2    (a) The chief of the fire department of every municipality
3in which a fire department is established and the fire chief of
4every legally organized fire protection district shall
5investigate the cause, origin and circumstances of every fire
6occurring in a such municipality or fire protection district,
7or in any area or on any property which is furnished fire
8protection by the fire department of such municipality or fire
9protection district, by which property has been destroyed or
10damaged, and shall especially make investigation as to whether
11such fire was the result of carelessness or design. Such
12investigation shall be begun within two days, not including
13Sunday, of the occurrence of such fire, and the Office of the
14State Fire Marshal shall have the right to supervise and direct
15such investigation whenever it deems it expedient or necessary.
16The officer making investigation of fires occurring in cities,
17villages, towns, fire protection districts or townships shall
18forthwith notify the Office of the State Fire Marshal and shall
19by the 15th of the month following the occurrence of the fire,
20furnish to the Office a statement of all facts relating to the
21cause and origin of the fire, and such other information as may
22be called for in a format approved or on forms provided by the
23Office.
24    (b) In every case in which a fire is determined to be a
25contributing factor in a death, the coroner of the county where
26the death occurred shall report the death to the Office of the

 

 

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1State Fire Marshal as provided in Section 3-3013 of the
2Counties Code.
3    (c) The Office of the State Fire Marshal shall keep a
4record of all fires occurring in the State, together with all
5facts, statistics and circumstances, including the origin of
6the fires, which may be determined by the investigations
7provided by this act; such record shall at all times be open to
8the public inspection, and such portions of it as the State
9Director of Insurance may deem necessary shall be transcribed
10and forwarded to him within fifteen days from the first of
11January of each year.
12    (d) In addition to the reporting of fires, the chief of the
13fire department shall furnish to the Office such other
14information as the State Fire Marshal deems of importance to
15the fire services.
16(Source: P.A. 95-224, eff. 1-1-08; 96-1059, eff. 7-14-10.)
 
17    (425 ILCS 25/6.1)
18    Sec. 6.1. Fire and hazardous material incident reporting
19rules Rules. The State Fire Marshal may adopt necessary rules
20for the administration of the reporting of fires, hazardous
21material incidents, and other incidents or events that the
22State Fire Marshal deems of importance to the fire services.
23The reporting of such information shall be based upon the
24nationally recognized standards of the United States Fire
25Administration's National Fire fire Incident Reporting System

 

 

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1(NFIRS NIFRS).
2(Source: P.A. 95-224, eff. 1-1-08.)
 
3    (425 ILCS 25/7)  (from Ch. 127 1/2, par. 7)
4    Sec. 7. Arson investigations; arrests; prosecution. The
5Office of the State Fire Marshal shall, when in its opinion
6further investigation is necessary, take or cause to be taken
7the testimony on oath of all persons supposed to be cognizant
8of any facts or to have means of knowledge in relation to the
9matter as to which an examination is herein required to be
10made, and shall cause the same to be reduced to writing; and if
11it shall be of the opinion that there is evidence sufficient to
12charge any person with the crime of arson, or with the attempt
13to commit the crime of arson, or of conspiracy to defraud, or
14criminal conduct in connection with such fire, it shall cause
15such person to be arrested and charged with such offense or
16either of them, and shall furnish to the proper prosecuting
17attorney all such evidence, together with the names of
18witnesses and all of the information obtained by it, including
19a copy of all pertinent and material testimony taken in the
20case.
21(Source: P.A. 80-147.)
 
22    (425 ILCS 25/8)  (from Ch. 127 1/2, par. 8)
23    Sec. 8. Summons, oaths, and affirmations. The Office of the
24State Fire Marshal shall have power in any county in the State

 

 

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1of Illinois to summon and compel the attendance of witnesses
2before it to testify in relation to any matter which is by the
3provision of this Act a subject of inquiry and investigation,
4and may require the production of any book, paper or other
5document it deems pertinent thereto, and it may require the
6prompt disclosure of the beneficiaries of any trust by the
7trustee, the disclosure by any named beneficiary of a trust of
8all persons who have any direct or indirect interest in the
9trust or who derive any direct or indirect benefit therefrom,
10the disclosure of a principal by his nominee, and the
11disclosure by a corporation of each person who holds 5% or more
12of the shares of stock of the corporation. The Office is hereby
13authorized and empowered to administer oaths and affirmations
14to any persons appearing as witnesses before it, and false
15swearing in any manner or proceeding aforesaid is perjury and
16shall be punished as such. Any witness who refuses to be sworn,
17or who refuses to testify, or disclose any information sought
18by the Office to which it is entitled, or who disobeys any
19lawful order of the Office, or who fails or refuses to produce
20any book, paper or other document touching any matter under
21examination, or who is guilty of any contemptuous conduct after
22being summoned to appear before the Office to give testimony in
23relation to any matter or subject under investigation as
24aforesaid, is guilty of a Class A misdemeanor and it shall be
25the duty of the State Fire Marshal to make complaint against
26the person or persons so refusing to comply with the summons or

 

 

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1order of the State Fire Marshal, before the circuit court in
2the county in which the investigation is being had, and upon
3the filing of such complaint, such cause shall proceed in the
4same manner as other criminal cases. The Office of the State
5Fire Marshal shall have the authority at all times of day or
6night in the performance of the duties imposed by the
7provisions of this Act, to enter upon and examine any building
8or premises where any fire has occurred and other buildings and
9premises adjoining or near the same. All investigations held by
10or under the direction of the Office of the State Fire Marshal
11may, in its discretion, be private, and persons other than
12those required to be present by the provisions of this Act, may
13be excluded from the place where such investigation is held,
14and witnesses may be kept separate and apart from each other
15and not allowed to communicate with each other until they have
16been examined.
17(Source: P.A. 80-147.)
 
18    (425 ILCS 25/8a new)
19    Sec. 8a. Right of entry; examination of witnesses. The
20Office shall have the authority at all times of day or night in
21the performance of the duties imposed by the provisions of this
22Act, to enter upon and examine any building or premises where
23any fire has occurred and other buildings and premises
24adjoining or near the same. All investigations held by or under
25the direction of the Office may, in its discretion, be private,

 

 

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1and persons other than those required to be present by the
2provisions of this Act, may be excluded from the place where
3such investigation is held, and witnesses may be kept separate
4and apart from each other and not allowed to communicate with
5each other until they have been examined.
 
6    (425 ILCS 25/9)  (from Ch. 127 1/2, par. 9)
7    Sec. 9. Inspections, duties, rules, and enforcement. No
8person, being the owner, occupant, or other person interested
9in the premises lessee of any building or other structure which
10is so occupied or so situated as to endanger persons or
11property, shall permit such building or structure by reason of
12faulty construction, age, lack of proper repair, or any other
13cause to become especially liable to fire, or to become liable
14to cause injury or damage by collapsing or otherwise. No
15person, being the owner, occupant, or other person interested
16in the premises lessee of any building, or structure, shall
17keep or maintain or allow to be kept or maintained on such
18premises, combustible or explosive material or flammable
19inflammable conditions, which endanger the safety of said
20buildings or premises.
21    The Office of the State Fire Marshal shall adopt and
22promulgate such reasonable fire prevention and life safety
23rules as may be necessary to protect the public from the
24dangers specified in the preceding paragraph. Such rules shall
25require the installation, inspection or maintenance of

 

 

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1necessary fire extinguishers, fire suppression systems,
2chemical fire suppression systems and fire alarm and protection
3devices. A copy of any rule adopted by the Office under this
4Act that is , certified by the State Fire Marshal shall be
5received in evidence in all courts of this State with the same
6effect as the original.
7    Subject to Section 9g, all All local officers charged with
8the duty of investigating fires or conducting fire prevention
9and life safety inspections shall enforce such rules, under the
10direction of the Office of the State Fire Marshal, except in
11those localities which have adopted fire prevention and life
12safety standards that have been determined by the Office to be
13equal to or higher than such rules adopted by the Office of the
14State Fire Marshal.
15    Subject to Section 9g, the The Office of the State Fire
16Marshal, and the officers of cities, villages, towns,
17townships, municipalities, and fire protection districts by
18this Act, charged with the duty of investigating fires or
19conducting fire prevention and life safety inspections under
20this Act fire, shall, under the direction of the Office of the
21State Fire Marshal, inspect and examine at reasonable hours,
22any premises, and the buildings and other structures thereon,
23and if, such dangerous condition or fire hazard is found to
24exist contrary to the rules herein referred to, or if a
25dangerous condition or fire hazard is found to exist as
26specified in the first paragraph of this Section, and the rules

 

 

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1herein referred to are not applicable to such dangerous
2condition or fire hazard, shall identify order the dangerous
3condition removed or remedied, and shall so notify the owner,
4occupant, or other person interested in the premises. Service
5of the notice upon the owner, occupant, or other person
6interested in the premises interested person shall be in
7person, by electric transmission, or by registered or certified
8mail. If no corrective action is taken by the owner, occupant,
9or other person interested in the premises to remove or remedy
10the dangerous condition or fire hazard within a reasonable
11time, as determined by the Office or the local authority having
12jurisdiction, an order shall be served upon the owner,
13occupant, or other person interested in the premises directing
14that the dangerous condition be removed or remedied
15immediately. Service of the order upon the owner, occupant, or
16other person interested in the premises shall be in person, by
17electronic transmission, or by registered or certified mail.
18    The amendatory Act of 1975 is not a limit on any home rule
19unit.
20(Source: P.A. 85-1434.)
 
21    (425 ILCS 25/9a)  (from Ch. 127 1/2, par. 10)
22    Sec. 9a. Appeals and hearings. The owner, occupant, or
23other person interested in such building or premises, within 10
24days after receiving an order from the Office such notice, may
25appeal the order in writing from orders of deputies of the

 

 

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1Office of the State Fire Marshal, to the Office of the State
2Fire Marshal. The Office shall thereupon conduct a hearing
3pursuant to the Illinois Administrative Procedure Act, as
4amended, and the administrative hearing rules adopted by the
5Office, and the State Fire Marshal shall either sustain, modify
6or revoke the order. If the order is sustained or modified, or
7if no appeal is made to the Office, it shall be the duty of the
8owner, or occupant, or other person interested in the premises
9to immediately comply with such order. The process for appeals
10of orders served upon an owner, occupant, or other person
11interested in the premises by a local authority having
12jurisdiction shall be according to local ordinance.
13(Source: P.A. 84-954.)
 
14    (425 ILCS 25/9b)  (from Ch. 127 1/2, par. 11)
15    Sec. 9b. Administrative review. When an order to remove or
16remedy a dangerous condition or fire hazard has been modified
17or sustained by the Office of the State Fire Marshal, the
18owner, occupant, or other person interested in the premises
19person against whom the order has been entered may seek review
20in the circuit court of the county in which the property
21affected by the order is located, pursuant to the
22Administrative Review Law, as amended.
23(Source: P.A. 84-1308.)
 
24    (425 ILCS 25/9e)  (from Ch. 127 1/2, par. 14)

 

 

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1    Sec. 9e. Penalties; concurrent jurisdiction. A willful
2Wilful failure, neglect, or refusal to comply (1) with the
3order of the Office of the State Fire Marshal or other officers
4after it has become final by reason of failure to prosecute an
5appeal as provided by this Act, or (2) with the judgment of the
6circuit court sustaining or modifying the order of the Office
7is a petty offense, and in the event of a continuance of such
8willful wilful failure, neglect, or refusal to comply with such
9order, each day's continuance is a separate offense.
10    The provisions of Sections 9, 9a, 9b, 9c, 9d and 9e shall
11not be construed to affect or repeal any ordinances of any
12local authority having jurisdiction municipality relating to
13building inspection, fire limits, fire prevention, or safety
14standards, but the jurisdiction of the Office of the State Fire
15Marshal shall, in such local authorities having jurisdiction
16municipalities, be concurrent with that of the local municipal
17authorities having jurisdiction.
18(Source: P.A. 80-147.)
 
19    (425 ILCS 25/9f)
20    Sec. 9f. Duties owed to fire fighters. The owner or
21occupier of the premises and his or her agents owe fire
22fighters who are on the premises in the performance of their
23official duties conducting fire investigations or inspections
24or responding to fire alarms or actual fires on the premises a
25duty of reasonable care in the maintenance of the premises

 

 

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1according to applicable fire safety codes, regulations,
2ordinances, and generally applicable safety standards,
3including any decisions by the Illinois courts. The owner or
4occupier of the premises and his or her agents are not relieved
5of the duty of reasonable care if the fire fighter is injured
6due to the lack of maintenance of the premises in the course of
7responding to a fire, false alarm, or his or her inspection or
8investigation of the premises.
9    For purposes of this Section, the term "premises" means any
10building or structure or the real property upon which the
11building or structure is situated.
12    This Section applies to all causes of action that have
13accrued, will accrue, or are currently pending before a court
14of competent jurisdiction, including courts of review.
15(Source: P.A. 93-233, eff. 7-22-03.)
 
16    (425 ILCS 25/9g new)
17    Sec. 9g. Applicability within home rule units. The
18provisions of Sections 9, 9a, 9b, and 9e of this Act do not
19apply within the geographical boundaries of home rule units
20that have adopted fire prevention and life safety standards by
21local ordinance, except with respect to State-owned buildings
22or State licensed facilities. Nothing in this Act prohibits any
23home rule unit from voluntarily adopting, in their entirety,
24the fire prevention and life safety rules adopted by the Office
25and enforcing those rules concurrently with the Office. Nothing

 

 

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1in this Act prohibits the Office from inspecting State-owned
2buildings or State licensed facilities that are located within
3the geographical boundaries of home rule units.
 
4    (425 ILCS 25/12)  (from Ch. 127 1/2, par. 16)
5    Sec. 12. Insurance assessment. Every fire insurance
6company, whether upon the stock or mutual plan, and every other
7personal or business entity doing any form of fire insurance
8business in the State of Illinois, shall pay to the Department
9of Insurance in the month of March, such amount as may be
10assessed by the Department of Insurance, which may not exceed
111% of the gross fire, sprinkler leakage, riot, civil commotion,
12explosion and motor vehicle fire risk premium receipts of such
13company or other entity from such business done in the State of
14Illinois during the preceding year, and shall make an annual
15report or statement under oath to the Department specifying the
16amount of such premiums received during the preceding year. The
17Department of Insurance shall pay the money so received into
18the Fire Prevention Fund, to be used as specified in Section
1913.1 of this Act.
20(Source: P.A. 85-718.)
 
21    (425 ILCS 25/13)  (from Ch. 127 1/2, par. 17)
22    Sec. 13. Insurance assessment penalties. Every company,
23firm, co-partnership, association or aggregation of
24individuals, or body of persons insuring each other, or their

 

 

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1agents, representatives, or attorneys in fact, who shall refuse
2or neglect to comply with the requirements of Section 12 of
3this Act, is liable, in addition to the amount due, for such
4penalty and interest charges as are provided for under Section
5412 of the "Illinois Insurance Code". The Director through the
6Attorney General, may institute an action in the name of the
7People of the State of Illinois, in any court of competent
8jurisdiction for the recovery of the amount of such taxes and
9penalties due, and prosecute the same to final judgment, and
10take such steps as are necessary to collect the same. If such
11violation is by a company, association, co-partnership or
12aggregation of individuals licensed to do business in the State
13of Illinois, such license may be revoked by the Department of
14Insurance.
15(Source: P.A. 83-43.)
 
16    (425 ILCS 25/13.1)  (from Ch. 127 1/2, par. 17.1)
17    Sec. 13.1. Fire Prevention Fund.
18    (a) There shall be a special fund in the State Treasury
19known as the Fire Prevention Fund.
20    (b) The following moneys shall be deposited into the Fund:
21        (1) Moneys received by the Department of Insurance
22    under Section 12 of this Act.
23        (2) All fees and reimbursements received by the Office
24    of the State Fire Marshal.
25        (3) All receipts from boiler and pressure vessel

 

 

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1    certification, as provided in Section 13 of the Boiler and
2    Pressure Vessel Safety Act.
3        (4) Such other moneys as may be provided by law.
4    (c) The moneys in the Fire Prevention Fund shall be used,
5subject to appropriation, for the following purposes:
6        (1) Of the moneys deposited into the fund under Section
7    12 of this Act, 12.5% shall be available for the
8    maintenance of the Illinois Fire Service Institute and the
9    expenses, facilities, and structures incident thereto, and
10    for making transfers into the General Obligation Bond
11    Retirement and Interest Fund for debt service requirements
12    on bonds issued by the State of Illinois after January 1,
13    1986 for the purpose of constructing a training facility
14    for use by the Institute. An additional 2.5% of the moneys
15    deposited into the Fire Prevention Fund shall be available
16    to the Illinois Fire Service Institute for support of the
17    Cornerstone Training Program.
18        (2) Of the moneys deposited into the Fund under Section
19    12 of this Act, 10% shall be available for the maintenance
20    of the Chicago Fire Department Training Program and the
21    expenses, facilities and structures incident thereto, in
22    addition to any moneys payable from the Fund to the City of
23    Chicago pursuant to the Illinois Fire Protection Training
24    Act.
25        (3) For making payments to local governmental agencies
26    and individuals pursuant to Section 10 of the Illinois Fire

 

 

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1    Protection Training Act.
2        (4) For the maintenance and operation of the Office of
3    the State Fire Marshal, and the expenses incident thereto.
4        (4.5) For the maintenance, operation, and capital
5    expenses of the Mutual Aid Box Alarm System (MABAS).
6        (4.6) For grants awarded by the Small Fire-fighting and
7    Ambulance Service Equipment Grant Program established by
8    Section 2.7 of the State Fire Marshal Act.
9        (5) For any other purpose authorized by law.
10    (c-5) As soon as possible after April 8, 2008 (the
11effective date of Public Act 95-717) this amendatory Act of the
1295th General Assembly, the Comptroller shall order the transfer
13and the Treasurer shall transfer $2,000,000 from the Fire
14Prevention Fund to the Fire Service and Small Equipment Fund,
15$9,000,000 from the Fire Prevention Fund to the Fire Truck
16Revolving Loan Fund, and $4,000,000 from the Fire Prevention
17Fund to the Ambulance Revolving Loan Fund. Beginning on July 1,
182008, each month, or as soon as practical thereafter, an amount
19equal to $2 from each fine received shall be transferred from
20the Fire Prevention Fund to the Fire Service and Small
21Equipment Fund, an amount equal to $1.50 from each fine
22received shall be transferred from the Fire Prevention Fund to
23the Fire Truck Revolving Loan Fund, and an amount equal to $4
24from each fine received shall be transferred from the Fire
25Prevention Fund to the Ambulance Revolving Loan Fund. These
26moneys shall be transferred from the moneys deposited into the

 

 

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1Fire Prevention Fund pursuant to Public Act 95-154, together
2with not more than 25% of any unspent appropriations from the
3prior fiscal year. These moneys may be allocated to the Fire
4Truck Revolving Loan Fund, Ambulance Revolving Loan Fund, and
5Fire Service and Small Equipment Fund at the discretion of the
6Office of the State Fire Marshal for the purpose of
7implementation of this Act.
8    (d) Any portion of the Fire Prevention Fund remaining
9unexpended at the end of any fiscal year which is not needed
10for the maintenance and expenses of the Office of the State
11Fire Marshal or the maintenance and expenses of the Illinois
12Fire Service Institute, shall remain in the Fire Prevention
13Fund for the exclusive and restricted uses provided in
14subsections (c) and (c-5) of this Section.
15    (e) The Office of the State Fire Marshal shall keep on file
16an itemized statement of all expenses incurred which are
17payable from the Fund, other than expenses incurred by the
18Illinois Fire Service Institute, and shall approve all vouchers
19issued therefor before they are submitted to the State
20Comptroller for payment. Such vouchers shall be allowed and
21paid in the same manner as other claims against the State.
22(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10;
2397-114, eff. 1-1-12; 97-901, eff. 1-1-13.)
 
24    (425 ILCS 25/10 rep.)
25    Section 10. The Fire Investigation Act is amended by

 

 

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1repealing Section 10.
 
2    Section 97. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.".