100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5562

 

Introduced , by Rep. Daniel Swanson

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 740/2  from Ch. 85, par. 532
50 ILCS 740/7  from Ch. 85, par. 537
50 ILCS 740/8  from Ch. 85, par. 538
50 ILCS 740/9  from Ch. 85, par. 539
50 ILCS 740/10  from Ch. 85, par. 540
50 ILCS 740/11  from Ch. 85, par. 541
50 ILCS 740/12  from Ch. 85, par. 542
50 ILCS 740/13  from Ch. 85, par. 543

    Amends the Illinois Fire Protection Training Act. Provides that the Office of the State Fire Marshal (rather than, not later than May 30th of each year, from funds appropriated for this purpose) shall reimburse the local governmental agencies or individuals participating in the training program in an amount equaling one-half of the total sum paid by them during the period established by the Office for tuition at training schools, salary of trainees while in school, necessary travel expenses, and room and board for each trainee from funds appropriated for this purpose. Provides that if a National Fire Protection Association standard exists for various criteria identified under the Act, the Office shall utilize and adopt, by procedures, directives, or rules that standard or those standards as the minimum standard requirements for that criteria. Provides that the Office shall establish procedures for the adoption of those applicable National Fire Protection Association standards. Provides that the Office may, in its discretion, adopt, amend, and repeal in part or in their entirety those procedures, directives, or rules as may be necessary to carry out the Act. Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5562LRB100 20770 SLF 36258 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Fire Protection Training Act is
5amended by changing Sections 2, 7, 8, 9, 10, 11, 12, and 13 as
6follows:
 
7    (50 ILCS 740/2)  (from Ch. 85, par. 532)
8    Sec. 2. Definitions. As used in this Act, unless the
9context requires otherwise:
10    a. Office means the Office of the State Fire Marshal.
11    b. "Local governmental agency" means any local
12governmental unit or municipal corporation in this State. It
13does not include the State of Illinois or any office, officer,
14department, division, bureau, board, commission, or agency of
15the State except: (i) a State controlled university, college,
16or public community college, or (ii) the Office of the State
17Fire Marshal.
18    c. "School" means any school located within the State of
19Illinois whether privately or publicly owned which offers a
20course in fire protection training or related subjects and
21which has been approved by the Office.
22    d. "Trainee" means a recruit fire fighter required to
23complete initial minimum basic training requirements at an

 

 

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1approved school to be eligible for permanent employment as a
2fire fighter.
3    e. "Fire protection personnel" and "fire fighter" means any
4person engaged in fire administration, fire prevention, fire
5suppression, fire education and arson investigation, including
6any permanently employed, trainee or volunteer fire fighter,
7whether or not such person, trainee or volunteer is compensated
8for all or any fraction of his time.
9    f. "Basic training" and "basic level" shall mean the entry
10level fire fighter Basic Operations Firefighter program
11established by as promulgated by the rules and regulations of
12the Office.
13    g. "Advanced training" means the advanced level fire
14fighter programs established by the Office.
15    h. "National Fire Protection Association standard" means a
16standard or code published by the National Fire Protection
17Association establishing minimum guidelines for specific fire
18protection subject matter.
19    
20(Source: P.A. 96-974, eff. 7-2-10; 97-782, eff. 1-1-13.)
 
21    (50 ILCS 740/7)  (from Ch. 85, par. 537)
22    Sec. 7. Selection and approval certification of schools.
23The Office shall select and approve certify the fire training
24program at the University of Illinois and other schools within
25the State of Illinois for the purpose of providing basic

 

 

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1training for trainees, and advanced or in-service inservice
2training for permanent fire protection personnel which schools
3may be either publicly or privately owned and operated.
4(Source: P.A. 80-147.)
 
5    (50 ILCS 740/8)  (from Ch. 85, par. 538)
6    Sec. 8. Rules and minimum standards for schools. The Office
7may, in its discretion, shall adopt, amend, or repeal in part
8or in their entirety procedures, directives, rules, or and
9minimum standards for such schools which shall include but not
10be limited to the following:
11        a. Minimum courses of study, resources, facilities,
12    apparatus, equipment, reference material, established
13    records and procedures as determined by the Office.
14        b. Minimum requirements for instructors.
15        c. Minimum basic training requirements, which a
16    trainee must satisfactorily complete before being eligible
17    for permanent employment as a fire fighter in the fire
18    department of a participating local governmental agency.
19    Those requirements shall include training in first aid
20    (including cardiopulmonary resuscitation) and training in
21    the administration of opioid antagonists as defined in
22    paragraph (1) of subsection (e) of Section 5-23 of the
23    Alcoholism and Other Drug Abuse and Dependency Act.
24        d. If a National Fire Protection Association standard
25    exists for criteria identified under this Section, the

 

 

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1    Office shall utilize and adopt, by procedures, directives,
2    or rules that standard or those standards as the minimum
3    standard requirements for that criteria. The Office shall
4    establish procedures for the adoption of those applicable
5    National Fire Protection Association standards.
6(Source: P.A. 99-480, eff. 9-9-15.)
 
7    (50 ILCS 740/9)  (from Ch. 85, par. 539)
8    Sec. 9. Training participation; funding. All local
9governmental agencies and individuals may elect to participate
10in the training programs under this Act, subject to the rules
11and regulations of the Office. The participation may be for
12certification only, or for certification and reimbursement for
13training expenses as further provided in this Act. To be
14eligible to receive reimbursement for training of individuals,
15a local governmental agency shall require by ordinance that a
16trainee complete a basic level course approved by the Office,
17and pass the State test for certification at the basic level
18within the probationary period as established by the local
19governmental agency. A certified copy of the ordinance must be
20on file with the Office.
21    Individuals who have retired from active fire service
22duties and are officially affiliated with fire service
23training, mutual aid, incident command, fire ground
24operations, or staff support for public fire service
25organizations shall not be prohibited from receiving training

 

 

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1certification from the Office on the ground that they are not
2employed or otherwise engaged by an organized Illinois fire
3department if they otherwise meet the minimum certification
4standards set by the Office.
5    Employees of the Office shall not be prohibited from
6receiving training certifications from the Office on the
7grounds that they are not employed or otherwise engaged by an
8organized Illinois fire department if they otherwise meet the
9minimum certification standards set by the Office and the
10certifications are directly related to their job-related
11duties, as determined by the Office.
12    The Office may by rule provide for reimbursement funding
13for trainees who are volunteers or paid on call fire protection
14personnel beyond their probationary period, but not to exceed 3
15years from the date of initial employment. The Office may
16reimburse for basic or advanced training of individuals who
17were permanently employed fire protection personnel prior to
18the date of the ordinance. Individuals may receive
19reimbursement if employed by a unit of local government that
20participates for reimbursement funding and the individual is
21otherwise eligible.
22    Failure of any trainee to complete the basic training and
23certification within the required period will render that
24individual and local governmental agency ineligible for
25reimbursement funding for basic training for that individual in
26the calendar fiscal year in which his probationary period ends.

 

 

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1The individual may later become certified without
2reimbursement.
3    Any participating local governmental agency may elect to
4withdraw from the training program by repealing the original
5ordinance, and a certified copy of the ordinance must be filed
6with the Office.
7(Source: P.A. 96-215, eff. 8-10-09; 97-782, eff. 1-1-13.)
 
8    (50 ILCS 740/10)  (from Ch. 85, par. 540)
9    Sec. 10. Training expenses; reimbursement. The Office, not
10later than May 30th of each year, from funds appropriated for
11this purpose, shall reimburse the local governmental agencies
12or individuals participating in the training program in an
13amount equaling one-half of the total sum paid by them during
14the period established by the Office for tuition at training
15schools, salary of trainees while in school, necessary travel
16expenses, and room and board for each trainee from funds
17appropriated for this purpose. Funds appropriated under this
18Section shall be used for reimbursement for costs incurred from
19January 1 through December 31 of the prior calendar year. In
20addition to reimbursement provided herein by the Office to the
21local governmental agencies for participation by trainees, the
22Office in each year shall reimburse the local governmental
23agencies participating in the training program for permanent
24fire protection personnel in the same manner as trainees for
25each training program. No more than 50% of the reimbursements

 

 

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1distributed to local governmental agencies in any fiscal year
2shall be distributed to local governmental agencies of more
3than 500,000 persons. If at the time of the annual
4reimbursement to local governmental agencies participating in
5the training program there is an insufficient appropriation to
6make reimbursement in full, the appropriation shall be
7apportioned among the participating local governmental
8agencies. No local governmental agency which shall alter or
9change in any manner any of the training programs as
10promulgated under this Act or fail to comply with rules and
11regulations promulgated under this Act shall be entitled to
12receive any matching funds under this Act. Submitting false
13information to the Office is a Class B misdemeanor.
14(Source: P.A. 97-782, eff. 1-1-13.)
 
15    (50 ILCS 740/11)  (from Ch. 85, par. 541)
16    Sec. 11. Procedures, directives, and rules Rules and
17regulations.
18    (a) The Office may, in its discretion, adopt make, amend,
19and repeal in part or in their entirety rescind those
20procedures, directives, or rules and regulations as may be
21necessary to carry out the provisions of this Act. The Office
22may, in its discretion, adopt, amend, and repeal in part or in
23their entirety those procedures, directives, or make rules and
24regulations establishing the fees to be paid for the
25administration of examinations, approval certification of

 

 

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1schools, and certification of fire fighters, and other training
2programs provided by the Office. The Office shall post its
3procedures, directives, or rules relating to this Act on its
4official website.
5    (b) If a National Fire Protection Association standard
6exists for criteria identified under this Act, the Office shall
7utilize and adopt, by procedures, directives, or rules that
8standard or those standards as the minimum standard
9requirements for that criteria. The Office shall establish
10procedures for the adoption of those applicable National Fire
11Protection Association standards.
12(Source: P.A. 89-180, eff. 7-19-95; 90-20, eff. 6-20-97.)
 
13    (50 ILCS 740/12)  (from Ch. 85, par. 542)
14    Sec. 12. Advanced training programs. The Office may, in its
15discretion, may adopt, amend, and repeal in part or in their
16entirety those procedures, directives, rules, or and minimum
17standards for advanced training programs for permanent fire
18protection personnel in addition to the basic training
19programs. The training for permanent fire protection personnel
20may be given in any schools approved selected by the Office.
21Such training, if offered, may be discontinued by the school
22upon either a temporary or permanent basis. Local governmental
23agencies which have elected to participate in the basic recruit
24training program may elect to participate in the advanced,
25training for permanent fire protection personnel, but

 

 

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1non-participation in the advanced program shall not in any way
2affect the right of governmental agencies to participate in the
3basic training trainee program. The failure of any permanent
4fire protection employee to successfully complete any course
5herein authorized shall not affect his or her status as a
6member of the fire department of any local governmental agency.
7If a National Fire Protection Association standard exists for
8criteria identified under this Section, the Office shall
9utilize and adopt, by procedures, directives, or rules that
10standard or those standards as the minimum standard
11requirements for that criteria. The Office shall establish
12procedures for the adoption of those applicable National Fire
13Protection Association standards.
14(Source: P.A. 80-147.)
 
15    (50 ILCS 740/13)  (from Ch. 85, par. 543)
16    Sec. 13. Additional powers and Duties. In addition to the
17other powers and duties given to the Office by this Act, the
18Office:
19    (1) may employ a Manager Director of Personnel Standards
20and Education and other necessary clerical and technical
21personnel;
22    (2) may make such reports and recommendations to the
23Governor and the General Assembly in regard to fire protection
24personnel, standards, education, and related topics as it deems
25proper;

 

 

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1    (3) shall report to the Governor and the General Assembly
2no later than March 1 of each year the affairs and activities
3of the Office for the preceding year.
4    The requirement for reporting to the General Assembly shall
5be satisfied by filing copies of the report with the Speaker,
6the Minority Leader and the Clerk of the House of
7Representatives and the President, the Minority Leader and the
8Secretary of the Senate and the Legislative Research Unit, as
9required by Section 3.1 of "An Act to revise the law in
10relation to the General Assembly", approved February 25, 1874,
11as amended, and filing such additional copies with the State
12Government Report Distribution Center for the General Assembly
13as is required under paragraph (t) of Section 7 of the State
14Library Act.
15(Source: P.A. 84-1438.)