Full Text of SB2619 100th General Assembly
SB2619 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2619 Introduced 2/7/2018, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/10-1-7.3 | | 65 ILCS 5/10-2.1-4 | from Ch. 24, par. 10-2.1-4 |
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Amends the Illinois Municipal Code. In provisions regarding appointment of a fire chief, acting chief, the department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department, limits home rule powers on and after the effective date of the amendatory Act. Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | SB2619 | | LRB100 18076 AWJ 33268 b |
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| 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 Municipal Code is amended by | 5 | | changing Sections 10-1-7.3 and 10-2.1-4 as follows: | 6 | | (65 ILCS 5/10-1-7.3) | 7 | | Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding | 8 | | any other provision in this Division, after the effective date | 9 | | of this amendatory Act of the 100th General Assembly, a person | 10 | | shall not be appointed as the chief, the acting chief, the | 11 | | department head, or a position, by whatever title, that is | 12 | | responsible for day-to-day operations of a fire department for | 13 | | greater than 180 days unless he or she possesses the following | 14 | | qualifications and certifications: | 15 | | (1) Office of the State Fire Marshal Firefighter Basic | 16 | | Certification or Firefighter II Certification; Office of | 17 | | the State Fire Marshal Fire Officer I and II | 18 | | Certifications; and an associate degree in fire science or | 19 | | a bachelor's degree from an accredited university or | 20 | | college; or | 21 | | (2) a minimum of 10 years' experience as a firefighter | 22 | | at the fire department in the jurisdiction making the | 23 | | appointment. |
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| 1 | | This Section applies to fire departments that employ | 2 | | firefighters hired under Section 10-1-7.1 or 10-1-7.2 of this | 3 | | Division.
| 4 | | On and after the effective date of this amendatory Act of | 5 | | the 100th General Assembly, a home rule municipality may not | 6 | | appoint a fire chief, an acting chief, a department head, or a | 7 | | position, by whatever title, that is responsible for day-to-day | 8 | | operations of a fire department for greater than 180 days in a | 9 | | manner inconsistent with this Section. This Section is a | 10 | | limitation under subsection (i) of Section 6 of Article VII of | 11 | | the Illinois Constitution on the concurrent exercise by home | 12 | | rule units of powers and functions exercised by the State. | 13 | | (Source: P.A. 100-425, eff. 8-25-17.)
| 14 | | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| 15 | | Sec. 10-2.1-4. Fire and police departments; appointment of
| 16 | | members; certificates of appointments. The board of fire and | 17 | | police commissioners shall appoint all officers
and members of | 18 | | the fire and police departments of the municipality,
including | 19 | | the chief of police and the chief of the fire department,
| 20 | | unless the council or board of trustees shall by ordinance as | 21 | | to them
otherwise provide; except as otherwise provided in this | 22 | | Section, and
except that in any municipality which adopts or | 23 | | has
adopted this Division 2.1 and also adopts or has adopted | 24 | | Article 5 of
this Code, the chief of police and the chief of | 25 | | the fire department
shall be appointed by the municipal |
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| 1 | | manager, if it is provided by
ordinance in such municipality | 2 | | that such chiefs, or either of them,
shall not be appointed by | 3 | | the board of fire and police commissioners.
| 4 | | If the chief of the fire department or the chief of the | 5 | | police department
or both of them are appointed in the manner | 6 | | provided by ordinance, they
may be removed or discharged by the | 7 | | appointing authority. In such case
the appointing authority | 8 | | shall file with the corporate authorities the reasons
for such | 9 | | removal or discharge, which removal or discharge shall not | 10 | | become
effective unless confirmed by a majority vote of the | 11 | | corporate authorities.
| 12 | | After August 25, 2017 ( the effective date of Public Act | 13 | | 100-425) this amendatory Act of the 100th General Assembly , a | 14 | | person shall not be appointed as the chief, the acting chief, | 15 | | the department head, or a position, by whatever title, that is | 16 | | responsible for day-to-day operations of a fire department for | 17 | | greater than 180 days unless he or she possesses the following | 18 | | qualifications and certifications: | 19 | | (1) Office of the State Fire Marshal Firefighter Basic | 20 | | Certification or Firefighter II Certification; Office of | 21 | | the State Fire Marshal Fire Officer I and II | 22 | | Certifications; and an associate degree in fire science or | 23 | | a bachelor's degree from an accredited university or | 24 | | college; or | 25 | | (2) a minimum of 10 years' experience as a firefighter | 26 | | at the fire department in the jurisdiction making the |
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| 1 | | appointment. | 2 | | This paragraph applies to fire departments that employ | 3 | | firefighters hired under the provisions of this Division. On | 4 | | and after the effective date of this amendatory Act of the | 5 | | 100th General Assembly, a home rule municipality may not | 6 | | appoint a fire chief, an acting chief, a department head, or a | 7 | | position, by whatever title, that is responsible for day-to-day | 8 | | operations of a fire department for greater than 180 days in a | 9 | | manner inconsistent with this paragraph. This paragraph is a | 10 | | limitation under subsection (i) of Section 6 of Article VII of | 11 | | the Illinois Constitution on the concurrent exercise by home | 12 | | rule units of powers and functions exercised by the State. | 13 | | If a member of the department is appointed chief of police | 14 | | or chief
of the fire department prior to being eligible to | 15 | | retire on pension, he
shall be considered as on furlough from | 16 | | the rank he held immediately
prior to his appointment as chief. | 17 | | If he resigns as chief or is
discharged as chief prior to | 18 | | attaining eligibility to retire on pension,
he shall revert to | 19 | | and be established in whatever rank he currently holds,
except | 20 | | for previously appointed positions, and thereafter
be entitled | 21 | | to all the benefits and emoluments of that rank,
without regard | 22 | | as to whether a vacancy then exists in that rank.
| 23 | | All appointments to each department other than that of the | 24 | | lowest
rank, however, shall be from the rank next below that to | 25 | | which the
appointment is made except as otherwise provided in | 26 | | this Section, and
except that the chief of police and the chief |
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| 1 | | of the
fire department may be appointed from among members of | 2 | | the police and
fire departments, respectively, regardless of | 3 | | rank, unless the council
or board of trustees shall have by | 4 | | ordinance as to them otherwise provided.
A chief of police or | 5 | | the chief of the fire department, having been appointed
from | 6 | | among members
of the police or fire department, respectively, | 7 | | shall be permitted, regardless
of rank, to
take promotional
| 8 | | exams and be promoted to a higher classified rank than he | 9 | | currently holds,
without having to
resign as chief of police or | 10 | | chief of the fire department.
| 11 | | The sole authority to issue certificates of appointment | 12 | | shall be
vested in the Board of Fire and Police Commissioners | 13 | | and all
certificates of appointments issued to any officer or | 14 | | member of the fire
or police department of a municipality shall | 15 | | be signed by the chairman
and secretary respectively of the | 16 | | board of fire and police commissioners
of such municipality, | 17 | | upon appointment of such officer or member of the
fire and | 18 | | police department of such municipality by action of the board
| 19 | | of fire and police commissioners. After being selected from the | 20 | | register of eligibles to fill a vacancy in the affected | 21 | | department, each appointee shall be presented with his or her | 22 | | certificate of appointment on the day on which he or she is | 23 | | sworn in as a classified member of the affected department. | 24 | | Firefighters who were not issued a certificate of appointment | 25 | | when originally appointed shall be provided with a certificate | 26 | | within 10 days after making a written request to the |
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| 1 | | chairperson of the Board of Fire and Police Commissioners. In | 2 | | any municipal fire department that employs full-time | 3 | | firefighters and is subject to a collective bargaining | 4 | | agreement, a person who has not qualified for regular | 5 | | appointment under the provisions of this Division 2.1 shall not | 6 | | be used as a temporary or permanent substitute for classified | 7 | | members of a municipality's fire department or for regular | 8 | | appointment as a classified member of a municipality's fire | 9 | | department unless mutually agreed to by the employee's | 10 | | certified bargaining agent. Such agreement shall be considered | 11 | | a permissive subject of bargaining. Municipal fire departments | 12 | | covered by the changes made by Public Act 95-490 this | 13 | | amendatory Act of the 95th General Assembly that are using | 14 | | non-certificated employees as substitutes immediately prior to | 15 | | June 1, 2008 ( the effective date of Public Act 95-490) this | 16 | | amendatory Act of the 95th General Assembly may, by mutual | 17 | | agreement with the certified bargaining agent, continue the | 18 | | existing practice or a modified practice and that agreement | 19 | | shall be considered a permissive subject of bargaining. A home | 20 | | rule unit may not regulate the hiring of temporary or | 21 | | substitute members of the municipality's fire department in a | 22 | | manner that is inconsistent with this Section. This Section is | 23 | | a limitation under subsection (i) of Section 6 of Article VII | 24 | | of the Illinois Constitution on the concurrent exercise by home | 25 | | rule units of powers and functions exercised by the State.
| 26 | | The term "policemen" as used in this Division does not |
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| 1 | | include
auxiliary police officers except as provided for in | 2 | | Section 10-2.1-6.
| 3 | | Any full-time full time member of a regular fire or police | 4 | | department of any
municipality which comes under the provisions | 5 | | of this Division or adopts
this Division 2.1 or which has | 6 | | adopted any of the prior Acts pertaining to
fire and police | 7 | | commissioners, is a city officer.
| 8 | | Notwithstanding any other provision of this Section, the | 9 | | Chief of
Police of a department in a non-home rule municipality | 10 | | of more than 130,000
inhabitants may, without the advice or | 11 | | consent of the Board of
Fire and Police Commissioners, appoint | 12 | | up to 6 officers who shall be known
as deputy chiefs or | 13 | | assistant deputy chiefs, and whose rank shall be
immediately | 14 | | below that of Chief. The deputy or assistant deputy chiefs may
| 15 | | be appointed from any rank of sworn officers of that | 16 | | municipality, but no
person who is not such a sworn officer may | 17 | | be so appointed. Such deputy
chief or assistant deputy chief | 18 | | shall have the authority to direct and
issue orders to all | 19 | | employees of the Department holding the rank of captain
or any | 20 | | lower rank.
A deputy chief of police or assistant deputy chief | 21 | | of police, having been
appointed from any rank
of sworn | 22 | | officers of that municipality, shall be permitted, regardless | 23 | | of rank,
to take promotional
exams and be promoted to a higher | 24 | | classified rank than he currently holds,
without having to
| 25 | | resign as deputy chief of police or assistant deputy chief of | 26 | | police.
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| 1 | | Notwithstanding any other provision of this Section, a | 2 | | non-home rule
municipality of 130,000 or fewer inhabitants, | 3 | | through its council or board
of trustees, may, by ordinance, | 4 | | provide for a position of deputy chief to be
appointed by the | 5 | | chief of the police department. The ordinance shall provide
for | 6 | | no more than one deputy chief position if the police department | 7 | | has fewer
than 25 full-time police officers and for no more | 8 | | than 2 deputy chief positions
if the police department has 25 | 9 | | or more full-time police officers. The deputy
chief position
| 10 | | shall be an exempt rank immediately below that of Chief. The | 11 | | deputy chief may
be appointed from any rank of sworn, full-time | 12 | | officers of the municipality's
police department, but must have | 13 | | at least 5 years of full-time service as a
police officer in | 14 | | that department. A deputy chief shall serve at the
discretion | 15 | | of the Chief and, if removed from the position,
shall revert to | 16 | | the rank currently held, without regard as to whether a
vacancy | 17 | | exists in
that rank. A deputy chief
of police, having been | 18 | | appointed from any rank of sworn full-time officers of
that | 19 | | municipality's
police department, shall be permitted, | 20 | | regardless of rank, to take promotional
exams and be
promoted | 21 | | to a higher classified rank than he currently holds, without | 22 | | having to
resign as deputy
chief of police.
| 23 | | No municipality having a population less than 1,000,000 | 24 | | shall require
that any firefighter appointed to the lowest
rank | 25 | | serve a probationary employment period of longer than one year. | 26 | | The
limitation on periods of probationary employment provided |
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| 1 | | in Public Act 86-990 this
amendatory Act of 1989 is an | 2 | | exclusive power and function of the State.
Pursuant to | 3 | | subsection (h) of Section 6 of Article VII of the Illinois
| 4 | | Constitution, a home rule municipality having a population less | 5 | | than 1,000,000
must comply with this limitation on periods of | 6 | | probationary employment, which
is a denial and limitation of | 7 | | home rule powers. Notwithstanding anything to
the contrary in | 8 | | this Section, the probationary employment period limitation
| 9 | | may be extended for a firefighter who is required, as a | 10 | | condition of employment, to be a licensed paramedic, during | 11 | | which time the sole reason that a firefighter may be discharged | 12 | | without a hearing is for failing to meet the requirements for | 13 | | paramedic licensure.
| 14 | | To the extent that this Section or any other Section in | 15 | | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | 16 | | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. | 17 | | (Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17; | 18 | | revised 10-3-17.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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