HB4903ham001 97TH GENERAL ASSEMBLY

Rep. Patricia R. Bellock

Filed: 3/1/2012

09700HB4903ham001 LRB097 18855 KMW 66594 a

AMENDMENT TO HOUSE BILL 4903

AMENDMENT NO. ______. Amend House Bill 4903 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by changing Section 3-103 and by adding Section 3-109.4 as follows:

(40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)

Sec. 3-103. Municipality.

(a) "Municipality": (1) Any city, village or incorporated town of 5,000 or more but less than 500,000 inhabitants, as determined from the United States Government statistics or a census taken at any time by the city, village or incorporated town and (2) any city, village or incorporated town of less than 5,000 inhabitants which, by referendum held under Section 3-145 adopts this Article.

(b) A municipality includes multiple municipalities that have chosen to consolidate their police departments pursuant to an intergovernmental agreement, as provided for in Section 7-4-7 of the Illinois Municipal Code, provided the combined municipalities individually meet the criteria of subsection (a) of this Section.

(Source: P.A. 83-1440.)

(40 ILCS 5/3-109.4 new)

Sec. 3-109.4. Consolidation of police pension funds. Municipalities may combine Article 3 pension funds, if (1) the police departments of the involved municipalities have been consolidated pursuant to Section 7-4-7 of the Illinois Municipal Code, (2) the Article 3 pension funds of the involved municipalities were established prior to the consolidation, and (3) an intergovernmental agreement has been approved and executed to complete the consolidation of the pension funds. The newly created consolidated police pension fund will operate as a single fund created under Section 3-101. The municipalities choosing to consolidate their police pension funds under an intergovernmental agreement and this Section shall act as a single municipality under this Article, as defined in subsection (b) of Section 3-103, for the purpose of funding and administering the newly consolidated police pension fund under this Article.

The assets of the pre-consolidated police pension funds shall be transferred to the board of trustees of the police pension fund of the consolidated municipalities as defined in subsection (b) of Section 3-103. The consolidated police pension fund shall assume all accrued liabilities of the preexisting individual police pension funds, and all accrued rights, including creditable service, benefits and future expectancies of the members, retired employees and beneficiaries of the preexisting individual police pension funds shall remain unimpaired, and may be enforced against the consolidated pension fund. To the extent possible, the pension fund board of trustees, as defined in Section 3-128, shall consist of one appointed member from each of the consolidated municipalities, with the intergovernmental agreement to set forth how the mayors or village presidents of the municipalities are to appoint the members.

The intergovernmental agreement shall include the determination of which municipality's treasurer is to be the treasurer of the consolidated municipality under this Article and under Section 3-132. The intergovernmental agreement shall also include the manner in which the municipalities shall meet the requirements set forth in Sections 3-125 and 3-127 for the consolidated police pension fund.

Upon a consolidation of police pension funds under this Section and the creation of a board of trustees for the consolidated police pension fund, the boards of trustees of the individual police pension funds of the consolidated municipalities shall cease to exist.

Section 10. The Illinois Municipal Code is amended by changing Sections 7-4-7, 7-4-8, 10-2.1-1 as follows:

(65 ILCS 5/7-4-7) (from Ch. 24, par. 7-4-7)

Sec. 7-4-7. The territory which is embraced within the corporate limits of adjoining municipalities within any county in this State shall be a police district. A consolidated joint law enforcement department is created when 2 or more municipalities enter into an intergovernmental agreement to consolidate each municipality's existing law enforcement agency into a single, consolidated joint law enforcement department for both administrative and operational purposes. A consolidated joint law enforcement department shall be considered to be one department, notwithstanding the fact that it covers more than one municipality.

(Source: Laws 1961, p. 576.)

(65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)

Sec. 7-4-8. The police of any municipality or consolidated joint law enforcement department in such a police district have full authority and power as peace officers and may go into any part of the district to exercise that authority and power. For these purposes the mayor and village president of any municipality in the district, and the chiefs of police therein, and the chief of any consolidated joint law enforcement department therein, shall use the police forces under their control anywhere in the district.

(Source: P.A. 90-593, eff. 6-19-98; 91-319, eff. 7-29-99.)

(65 ILCS 5/10-2.1-1) (from Ch. 24, par. 10-2.1-1)

Sec. 10-2.1-1. Appointment-Terms of office.

(a) In every municipality with a population of at least 5,000 and not more than 250,000 which is not subject to Division 1 of this Article, and in every municipality with a population of less than 5,000 which adopts this Division 2.1 as provided in Section 10-2.1-27, including in either event any municipality incorporated and existing under a special charter, the mayor of the city, with the consent of the city council or the president of the village or incorporated town, with the consent of the board of trustees, shall appoint a board of fire and police commissioners. This board shall consist of 3 members, whose terms of office shall be 3 years and until their respective successors are appointed and have qualified, except as provided in Section 10-2.1-2 or subsection (b) of this Section. No such appointment, however, shall be made by any mayor or president within 30 days before the expiration of his term of office.

(b) As used in this Section, "board of fire and police commissioners" includes a consolidated board of fire and police commissioners, which shall be formed at the time that 2 or more municipalities enter into an intergovernmental agreement to consolidate each municipality's existing law enforcement agency into a single, consolidated joint law enforcement department for both administrative and operational purposes. The use of the terms "board", "commission", "member", and, "commissioner", as used in this Section, shall be applicable to a consolidated board of fire and police commissioners and its individual member municipalities. The board shall consist of one member from each municipality, to be appointed in accordance with subsection (a) above, and one member to be appointed in accordance with the intergovernmental agreement that creates the consolidated joint law enforcement department. The individual appointed as a board member in accordance with the intergovernmental agreement shall be an elector of one of the municipalities bound by the intergovernmental agreement. The members of the board shall serve for a term of 3 years and until their respective successors are appointed and have qualified. The qualifications set forth in Section 10-2.1-3 of this Code are applicable to board members, with the additional requirement that the members shall not be related by blood or marriage, up to the degree of first cousin, to any elected official of the municipalities that are party to the intergovernmental agreement. The terms and conditions set forth within this Section, governing the appointment, promotion, and discipline of full-time municipal police officers shall be applicable to full-time police officers appointed to and employed by a consolidated joint law enforcement department.

(c) The municipalities party to an intergovernmental agreement that creates a consolidated joint law enforcement department shall, within the terms of the intergovernmental agreement, provide for a budget to fund the day-to-day operations of the board, to include the provision of office and meeting space, record storage, testing for original appointments and promotional appointments, secretarial and administrative assistance, legal fees, hearing expenses, and training of the board's members. Notice and publication requirements, as set forth within this Section and the Open Meetings Act, shall be met by the posting of the required notices at the principal office of the board and by publication within a newspaper of general circulation within the municipal boundaries of the municipalities that are party to the intergovernmental agreement.

(d) In the event that one or more of the municipalities party to an intergovernmental agreement that creates a consolidated joint law enforcement department maintains a full-time municipal fire department, then a separate board of fire and police commissioners, as provided for under subsection (a), shall be appointed for each of the municipal fire departments, by the municipalities that have a full-time fire department. In that case, any existing board of fire and police commissioners shall continue to serve for the municipal fire department. Otherwise, any existing board of fire and police commissioners shall cease to exist upon the establishment of the board.

(e) Any police eligibility lists for original appointment or promotion in existence at the time any municipalities execute an intergovernmental agreement to create a consolidated joint law enforcement department, shall be deemed null and void, and the board shall proceed to create new original appointment and promotional lists for the consolidated joint law enforcement department in accordance with this Section.

(Source: P.A. 76-1445.)

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