General Assembly Passes New Laws Affecting Fire Service

by John H. Kelly

The Spring session of the 103rd Illinois Senate and House of Representatives wrapped up on May 27th. Much of the session focused on adopting the budget for the State of Illinois. There were several bills that were passed by the Legislature that affect the fire service in the State. The Illinois Fire Caucus asserted its presence in Springfield and provided a voice for the fire departments and fire protection districts across the State. This article provides an overview of some of that legislation.

Senate Bill 2879 (SB 2879) was passed by the legislature and recently signed by Governor Pritzker. This piece of legislation, now designated as Public Act 103-0634, amends Section 11k the Fire Protection District Act, 50 ILCS 705/11k. Section 11k of the Fire Protection District Act provides guidelines for fire protection districts regarding the bidding requirements for fire district purchases.

The amendment to Section 11k is effective on January 1, 2025. The language of P. A. 103-0634 expands the opportunities for fire districts to make purchases which do not require employing the bidding process. While the general requirement that purchases of all materials, services, and work which exceed $20,000.00 must be made subject to a competitive bidding process as outlined in the Act, this amendment allows fire protection districts to make purchases directly from a “dealer or original manufacturer” in an amount up to $50,000.00 without the necessity of using the bidding process. This change should make it easier for fire departments to make purchases of firefighting equipment which are typically made from designated vendors of up to $50,000.00. While the initial proposed amendment to Section 11k sought to raise the bidding requirement limitation to $30,000.00 for all purchases, significant opposition from the construction trades required a compromise. While the threshold for bidding on these direct purchases has been raised, the remainder of the bidding law is unchanged. Fire districts who have questions regarding purchases and the application of the bidding law and the revisions provided by P. A. 103-0634 should consult their legal counsel for advice.

House Bill 4359 provides relief to fire protection districts which have faced challenges to accumulations of property tax funds designated for special purposes. Historically, fire districts have set aside funds to pay for larger capital projects like buildings or vehicle purchases. Since the most significant source of fire district funds is the property tax, tax objectors have challenged these accumulations as being excess, arguing that if the district can accumulate taxpayer monies, then, perhaps, the tax rate or extension should be lowered. These tax objections generally are based on the theory that Section 14 of the Fire Protection District Act only allows these types of accumulations in the corporate fund of the district 50 ILCS 750/14. House Bill 4359, will allow fire districts to specifically accumulate funds for the purposes of acquiring, building, or maintaining real property, procuring EMS or rescue vehicles or equipment, or training EMS or rescue teams. Given today’s extensive lead times for the purchase of ambulance or rescue vehicles, the ability to accumulate funds to make those purchases and not be challenged by tax objectors is a welcome relief for fire departments.

Another bill of interest is SB 3648. This legislation extends the effective date of the Community Emergency Support and Services Act (CESSA) to July 1, 2025. Readers may recall that this law seeks to transition response to mental health emergencies to designated mental health professionals. The text of the law established a State oversight committee and regional groups to implement the requirements of the Act. The fire service has been involved in these regional meetings. Some progress has been made in establishing the infrastructure necessary to make this transition, however much work remains to be done. Given the status of this project it seems that the extension of the implementation date to July 1st of next year is appropriate. On July 1, 2024, Governor Pritzker signed this bill into law as P. A. 103-0645.

One piece of legislation that was watched very closely is the Paid Leave for Firefighters Act, HB 3908. This bill was first introduced in 2023. The bill provided for a period of 6 weeks of paid family leave for firefighters on the birth, placement, or adoption of a child or to care for a seriously ill family member. This leave would only be available to employees who have been employed for at least one year. This period of leave would be available regardless of the employer’s other leave policies. While this bill enjoyed strong support in the House, the bill was placed in the Assignments Committee of the Senate and was not acted upon prior to the adjournment of the session. The bill may receive additional consideration in the Fall Veto Session.

If you or your fire protection district have questions regarding any piece of legislation, please do not hesitate to contact the Illinois Fire Caucus or the lawyers at Ottosen Law.