HB4686 Engrossed LRB095 17649 HLH 43723 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Fire Protection Training Act is
5 amended by changing Section 9 as follows:
 
6     (50 ILCS 740/9)  (from Ch. 85, par. 539)
7     Sec. 9. Training participation; funding. All local
8 governmental agencies and individuals may elect to participate
9 in the training programs under this Act, subject to the rules
10 and regulations of the Office. The participation may be for
11 certification only, or for certification and reimbursement for
12 training expenses as further provided in this Act. To be
13 eligible to receive reimbursement for training of individuals,
14 a local governmental agency shall require by ordinance that a
15 trainee complete a basic course approved by the Office, and
16 pass the State test for certification at the basic level within
17 the probationary period as established by the local
18 governmental agency. A certified copy of the ordinance must be
19 on file with the Office.
20     Individuals who have retired from active fire service
21 duties and are officially affiliated with fire service
22 training, mutual aid, incident command, fire ground
23 operations, or staff support for fire service organizations

 

 

HB4686 Engrossed - 2 - LRB095 17649 HLH 43723 b

1 shall not be prohibited from receiving training certification
2 from the Office on the ground that they are not employed or
3 otherwise engaged by an organized Illinois fire department if
4 they otherwise meet the minimum certification standards set by
5 the Office. Notwithstanding any other rulemaking authority
6 that may exist, neither the Governor nor any agency or agency
7 head under the jurisdiction of the Governor has any authority
8 to make or promulgate rules to implement or enforce the
9 provisions of this amendatory Act of the 95th General Assembly.
10 If, however, the Governor believes that rules are necessary to
11 implement or enforce the provisions of this amendatory Act of
12 the 95th General Assembly, the Governor may suggest rules to
13 the General Assembly by filing them with the Clerk of the House
14 and Secretary of the Senate and by requesting that the General
15 Assembly authorize such rulemaking by law, enact those
16 suggested rules into law, or take any other appropriate action
17 in the General Assembly's discretion. Nothing contained in this
18 amendatory Act of the 95th General Assembly shall be
19 interpreted to grant rulemaking authority under any other
20 Illinois statute where such authority is not otherwise
21 explicitly given. For the purposes of this amendatory Act of
22 the 95th General Assembly, "rules" is given the meaning
23 contained in Section 1-70 of the Illinois Administrative
24 Procedure Act, and "agency" and "agency head" are given the
25 meanings contained in Sections 1-20 and 1-25 of the Illinois
26 Administrative Procedure Act to the extent that such

 

 

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1 definitions apply to agencies or agency heads under the
2 jurisdiction of the Governor.
3     The Office may by rule provide for reimbursement funding
4 for trainees who are volunteers or paid on call fire protection
5 personnel beyond their probationary period, but not to exceed 3
6 years from the date of initial employment. The Office may
7 reimburse for basic or advanced training of individuals who
8 were permanently employed fire protection personnel prior to
9 the date of the ordinance. Individuals may receive
10 reimbursement if employed by a unit of local government that
11 participates for reimbursement funding and the individual is
12 otherwise eligible.
13     Failure of any trainee to complete the basic training and
14 certification within the required period will render that
15 individual and local governmental agency ineligible for
16 reimbursement funding for basic training for that individual in
17 the fiscal year in which his probationary period ends. The
18 individual may later become certified without reimbursement.
19     Any participating local governmental agency may elect to
20 withdraw from the training program by repealing the original
21 ordinance, and a certified copy of the ordinance must be filed
22 with the Office.
23 (Source: P.A. 90-20, eff. 6-20-97.)
 
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.