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Illinois House Bill HB3859

Illinois 2025-2026 Regular Session

Illinois House Bill HB3859 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3859 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4 Amends the Illinois Municipal Code. Authorizes the deputy chief of police of a non-home rule municipality with a population of 130,000 or fewer inhabitants or a deputy or assistant deputy chief of police of a non-home rule municipality with a population of more than 130,000 inhabitants to be appointed not only from among the rank of sworn, full-time officers of the municipality's police department but also from among the rank of sworn officers of any other municipality if the officer has at least 5 years of full-time service as a police officer. Effective immediately. LRB104 08147 RTM 18195 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3859 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4 65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4 Amends the Illinois Municipal Code. Authorizes the deputy chief of police of a non-home rule municipality with a population of 130,000 or fewer inhabitants or a deputy or assistant deputy chief of police of a non-home rule municipality with a population of more than 130,000 inhabitants to be appointed not only from among the rank of sworn, full-time officers of the municipality's police department but also from among the rank of sworn officers of any other municipality if the officer has at least 5 years of full-time service as a police officer. Effective immediately. LRB104 08147 RTM 18195 b LRB104 08147 RTM 18195 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3859 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
33 65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4 65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4
44 65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4
55 Amends the Illinois Municipal Code. Authorizes the deputy chief of police of a non-home rule municipality with a population of 130,000 or fewer inhabitants or a deputy or assistant deputy chief of police of a non-home rule municipality with a population of more than 130,000 inhabitants to be appointed not only from among the rank of sworn, full-time officers of the municipality's police department but also from among the rank of sworn officers of any other municipality if the officer has at least 5 years of full-time service as a police officer. Effective immediately.
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1111 1 AN ACT concerning local government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Municipal Code is amended by
1515 5 changing Section 10-2.1-4 as follows:
1616 6 (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
1717 7 Sec. 10-2.1-4. Fire and police departments; appointment of
1818 8 members; certificates of appointments. The board of fire and
1919 9 police commissioners shall appoint all officers and members of
2020 10 the fire and police departments of the municipality, including
2121 11 the chief of police and the chief of the fire department,
2222 12 unless the council or board of trustees shall by ordinance as
2323 13 to them otherwise provide; except as otherwise provided in
2424 14 this Section, and except that in any municipality which adopts
2525 15 or has adopted this Division 2.1 and also adopts or has adopted
2626 16 Article 5 of this Code, the chief of police and the chief of
2727 17 the fire department shall be appointed by the municipal
2828 18 manager, if it is provided by ordinance in such municipality
2929 19 that such chiefs, or either of them, shall not be appointed by
3030 20 the board of fire and police commissioners.
3131 21 If the chief of the fire department or the chief of the
3232 22 police department or both of them are appointed in the manner
3333 23 provided by ordinance, they may be removed or discharged by
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3838 65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4 65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4
3939 65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4
4040 Amends the Illinois Municipal Code. Authorizes the deputy chief of police of a non-home rule municipality with a population of 130,000 or fewer inhabitants or a deputy or assistant deputy chief of police of a non-home rule municipality with a population of more than 130,000 inhabitants to be appointed not only from among the rank of sworn, full-time officers of the municipality's police department but also from among the rank of sworn officers of any other municipality if the officer has at least 5 years of full-time service as a police officer. Effective immediately.
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6868 1 the appointing authority. In such case the appointing
6969 2 authority shall file with the corporate authorities the
7070 3 reasons for such removal or discharge, which removal or
7171 4 discharge shall not become effective unless confirmed by a
7272 5 majority vote of the corporate authorities.
7373 6 After January 1, 2019 (the effective date of Public Act
7474 7 100-1126), a person shall not be appointed as the chief, the
7575 8 acting chief, the department head, or a position, by whatever
7676 9 title, that is responsible for day-to-day operations of a fire
7777 10 department for greater than 180 days unless he or she
7878 11 possesses the following qualifications and certifications:
7979 12 (1) Office of the State Fire Marshal Basic Operations
8080 13 Firefighter Certification or Office of the State Fire
8181 14 Marshal Firefighter II Certification; Office of the State
8282 15 Fire Marshal Advanced Fire Officer Certification or Office
8383 16 of the State Fire Marshal Fire Officer II Certification;
8484 17 and an associate degree in fire science or a bachelor's
8585 18 degree from an accredited university or college;
8686 19 (2) a current certification from the International
8787 20 Fire Service Accreditation Congress or Pro Board Fire
8888 21 Service Professional Qualifications System that meets the
8989 22 National Fire Protection Association standard NFPA 1001,
9090 23 Standard for Fire Fighter Professional Qualifications,
9191 24 Level I job performance requirements; a current
9292 25 certification from the International Fire Service
9393 26 Accreditation Congress or Pro Board Fire Service
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104104 1 Professional Qualifications System that meets the National
105105 2 Fire Protection Association standard NFPA 1021, Standard
106106 3 for Fire Officer Professional Qualifications, Fire Officer
107107 4 II job performance requirements; and an associate degree
108108 5 in fire science or a bachelor's degree from an accredited
109109 6 university or college;
110110 7 (3) qualifications that meet the National Fire
111111 8 Protection Association standard NFPA 1001, Standard for
112112 9 Fire Fighter Professional Qualifications, Level I job
113113 10 performance requirements; qualifications that meet the
114114 11 National Fire Protection Association standard NFPA 1021,
115115 12 Standard for Fire Officer Professional Qualifications,
116116 13 Fire Officer II job performance requirements; and an
117117 14 associate degree in fire science or a bachelor's degree
118118 15 from an accredited university or college; or
119119 16 (4) a minimum of 10 years' experience as a firefighter
120120 17 at the fire department in the jurisdiction making the
121121 18 appointment.
122122 19 This paragraph applies to fire departments that employ
123123 20 firefighters hired under the provisions of this Division. On
124124 21 and after January 1, 2019 (the effective date of Public Act
125125 22 100-1126), a home rule municipality may not appoint a fire
126126 23 chief, an acting chief, a department head, or a position, by
127127 24 whatever title, that is responsible for day-to-day operations
128128 25 of a fire department for greater than 180 days in a manner
129129 26 inconsistent with this paragraph. This paragraph is a
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140140 1 limitation under subsection (i) of Section 6 of Article VII of
141141 2 the Illinois Constitution on the concurrent exercise by home
142142 3 rule units of powers and functions exercised by the State.
143143 4 If a member of the department is appointed chief of police
144144 5 or chief of the fire department prior to being eligible to
145145 6 retire on pension, he shall be considered as on furlough from
146146 7 the rank he held immediately prior to his appointment as
147147 8 chief. If he resigns as chief or is discharged as chief prior
148148 9 to attaining eligibility to retire on pension, he shall revert
149149 10 to and be established in whatever rank he currently holds,
150150 11 except for previously appointed positions, and thereafter be
151151 12 entitled to all the benefits and emoluments of that rank,
152152 13 without regard as to whether a vacancy then exists in that
153153 14 rank.
154154 15 All appointments to each department other than that of the
155155 16 lowest rank, however, shall be from the rank next below that to
156156 17 which the appointment is made except as otherwise provided in
157157 18 this Section, and except that the chief of police and the chief
158158 19 of the fire department may be appointed from among members of
159159 20 the police and fire departments, respectively, regardless of
160160 21 rank, unless the council or board of trustees shall have by
161161 22 ordinance as to them otherwise provided. A chief of police or
162162 23 the chief of the fire department, having been appointed from
163163 24 among members of the police or fire department, respectively,
164164 25 shall be permitted, regardless of rank, to take promotional
165165 26 exams and be promoted to a higher classified rank than he
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176176 1 currently holds, without having to resign as chief of police
177177 2 or chief of the fire department.
178178 3 The sole authority to issue certificates of appointment
179179 4 shall be vested in the Board of Fire and Police Commissioners
180180 5 and all certificates of appointments issued to any officer or
181181 6 member of the fire or police department of a municipality
182182 7 shall be signed by the chairman and secretary respectively of
183183 8 the board of fire and police commissioners of such
184184 9 municipality, upon appointment of such officer or member of
185185 10 the fire and police department of such municipality by action
186186 11 of the board of fire and police commissioners. After being
187187 12 selected from the register of eligibles to fill a vacancy in
188188 13 the affected department, each appointee shall be presented
189189 14 with his or her certificate of appointment on the day on which
190190 15 he or she is sworn in as a classified member of the affected
191191 16 department. Firefighters who were not issued a certificate of
192192 17 appointment when originally appointed shall be provided with a
193193 18 certificate within 10 days after making a written request to
194194 19 the chairperson of the Board of Fire and Police Commissioners.
195195 20 In any municipal fire department that employs full-time
196196 21 firefighters and is subject to a collective bargaining
197197 22 agreement, a person who has not qualified for regular
198198 23 appointment under the provisions of this Division 2.1 shall
199199 24 not be used as a temporary or permanent substitute for
200200 25 classified members of a municipality's fire department or for
201201 26 regular appointment as a classified member of a municipality's
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212212 1 fire department unless mutually agreed to by the employee's
213213 2 certified bargaining agent. Such agreement shall be considered
214214 3 a permissive subject of bargaining. Municipal fire departments
215215 4 covered by the changes made by Public Act 95-490 that are using
216216 5 non-certificated employees as substitutes immediately prior to
217217 6 June 1, 2008 (the effective date of Public Act 95-490) may, by
218218 7 mutual agreement with the certified bargaining agent, continue
219219 8 the existing practice or a modified practice and that
220220 9 agreement shall be considered a permissive subject of
221221 10 bargaining. A home rule unit may not regulate the hiring of
222222 11 temporary or substitute members of the municipality's fire
223223 12 department in a manner that is inconsistent with this Section.
224224 13 This Section is a limitation under subsection (i) of Section 6
225225 14 of Article VII of the Illinois Constitution on the concurrent
226226 15 exercise by home rule units of powers and functions exercised
227227 16 by the State.
228228 17 The term "policemen" as used in this Division does not
229229 18 include auxiliary police officers except as provided for in
230230 19 Section 10-2.1-6.
231231 20 Any full-time member of a regular fire or police
232232 21 department of any municipality which comes under the
233233 22 provisions of this Division or adopts this Division 2.1 or
234234 23 which has adopted any of the prior Acts pertaining to fire and
235235 24 police commissioners, is a city officer.
236236 25 Notwithstanding any other provision of this Section, the
237237 26 Chief of Police of a department in a non-home rule
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248248 1 municipality of more than 130,000 inhabitants may, without the
249249 2 advice or consent of the Board of Fire and Police
250250 3 Commissioners, appoint up to 6 officers who shall be known as
251251 4 deputy chiefs or assistant deputy chiefs, and whose rank shall
252252 5 be immediately below that of Chief. The deputy or assistant
253253 6 deputy chiefs may be appointed from (i) any rank of sworn
254254 7 officers of that municipality or (ii) any rank of sworn
255255 8 officers of any other municipality. If the appointee is a
256256 9 sworn officer of a municipality other than the municipality to
257257 10 which the appointee is being appointed, then the appointee
258258 11 must also have at least 5 years of full-time service as a
259259 12 police officer. No , but no person who does not meet the
260260 13 requirements of this paragraph is not such a sworn officer may
261261 14 be so appointed. Such deputy chief or assistant deputy chief
262262 15 shall have the authority to direct and issue orders to all
263263 16 employees of the Department holding the rank of captain or any
264264 17 lower rank. A deputy chief of police or assistant deputy chief
265265 18 of police, having been appointed from any rank of sworn
266266 19 officers of that municipality, shall be permitted, regardless
267267 20 of rank, to take promotional exams and be promoted to a higher
268268 21 classified rank than he currently holds, without having to
269269 22 resign as deputy chief of police or assistant deputy chief of
270270 23 police.
271271 24 Notwithstanding any other provision of this Section, a
272272 25 non-home rule municipality of 130,000 or fewer inhabitants,
273273 26 through its council or board of trustees, may, by ordinance,
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284284 1 provide for a position of deputy chief to be appointed by the
285285 2 chief of the police department. The ordinance shall provide
286286 3 for no more than one deputy chief position if the police
287287 4 department has fewer than 25 full-time police officers and for
288288 5 no more than 2 deputy chief positions if the police department
289289 6 has 25 or more full-time police officers. The deputy chief
290290 7 position shall be an exempt rank immediately below that of
291291 8 Chief. The deputy chief may be appointed from (i) any rank of
292292 9 sworn, full-time officers of the municipality's police
293293 10 department or (ii) any rank of sworn, full-time officers of
294294 11 any other municipality's police department. In either case,
295295 12 the appointee , but must also have at least 5 years of full-time
296296 13 service as a police officer in that department. A deputy chief
297297 14 shall serve at the discretion of the Chief and, if removed from
298298 15 the position, shall revert to the rank currently held, without
299299 16 regard as to whether a vacancy exists in that rank. A deputy
300300 17 chief of police, having been appointed from any rank of sworn
301301 18 full-time officers of that municipality's police department,
302302 19 shall be permitted, regardless of rank, to take promotional
303303 20 exams and be promoted to a higher classified rank than he
304304 21 currently holds, without having to resign as deputy chief of
305305 22 police.
306306 23 No municipality having a population less than 1,000,000
307307 24 shall require that any firefighter appointed to the lowest
308308 25 rank serve a probationary employment period of longer than one
309309 26 year. The limitation on periods of probationary employment
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320320 1 provided in Public Act 86-990 is an exclusive power and
321321 2 function of the State. Pursuant to subsection (h) of Section 6
322322 3 of Article VII of the Illinois Constitution, a home rule
323323 4 municipality having a population less than 1,000,000 must
324324 5 comply with this limitation on periods of probationary
325325 6 employment, which is a denial and limitation of home rule
326326 7 powers. Notwithstanding anything to the contrary in this
327327 8 Section, the probationary employment period limitation may be
328328 9 extended for a firefighter who is required, as a condition of
329329 10 employment, to be a licensed paramedic, during which time the
330330 11 sole reason that a firefighter may be discharged without a
331331 12 hearing is for failing to meet the requirements for paramedic
332332 13 licensure.
333333 14 To the extent that this Section or any other Section in
334334 15 this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
335335 16 then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
336336 17 (Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;
337337 18 100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; 101-81, eff.
338338 19 7-12-19.)
339339 20 Section 99. Effective date. This Act takes effect upon
340340 21 becoming law.
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