HB0433ham001 98TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 4/12/2013

09800HB0433ham001 LRB098 03252 OMW 44304 a

AMENDMENT TO HOUSE BILL 433

AMENDMENT NO. ______. Amend House Bill 433 by replacing everything after the enacting clause with the following:

"Section 5. The State Police Act is amended by adding Section 7.3 as follows:

(20 ILCS 2610/7.3 new)

Sec. 7.3. Zero Tolerance Alcohol Policy.

(a) It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that State Police officers are not impaired in a manner that endangers themselves or others. To this end it is declared to be the public policy of this State to provide a work environment free of the use of alcohol and unlawful drugs by on-duty police officers.

(b) Every person employed as a State Police officer must comply with the alcohol use and testing requirements of the State Police.

(c) A person employed as a State Police officer who tests positive during a blood test for the purpose of determining the alcohol content of the person's blood while on duty pursuant to the procedures of the State Police shall be referred to the State Police Merit Board under this Act for appropriate discipline, where the totality of the circumstances shall be considered. Refusal by any State Police officer to submit to a blood test for alcohol shall be construed as a positive result.

(d) Upon finding that a State Police Officer has violated subsection (b) of this Section, the State Police Merit Board shall appropriately discipline the State Police officer.

(e) Exemptions. The provisions of this Section shall not apply to the following:

(1) any State Police officer that has been assigned by the Director to work undercover, while his or her identity as a police officer must remain a secret for the purposes of the assignment; and

(2) State Police officers exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(f) To the extent that this Section conflicts with an employment contract in effect on the effective date of this Section, the conflicting provision shall not apply until that contract expires or is renewed, renegotiated, or superseded.

Section 10. The Counties Code is amended by adding Sections 3-7018 and 3-6040 as follows:

(55 ILCS 5/3-6040 new)

Sec. 3-6040. Zero Tolerance Alcohol Policy.

(a) It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that deputy sheriffs are not impaired in a manner that endangers themselves or others. To this end it is declared to be the public policy of this State to provide a work environment free of the use of alcohol and unlawful drugs by on-duty deputy sheriffs.

(b) Every person employed as a deputy sheriff must comply with the alcohol use and testing requirements of the sheriff.

(c) A person employed as a deputy sheriff who tests positive during a blood test for the purpose of determining the alcohol content of the person's blood while on duty pursuant to the procedures of the employing sheriff's office shall be referred to the sheriff for appropriate discipline, where the totality of the circumstances shall be considered. Refusal by any deputy sheriff to submit to a blood test for alcohol shall be construed as a positive result.

(d) Upon finding that a deputy sheriff has violated subsection (b) of this Section, the sheriff shall appropriately discipline the deputy sheriff.

(e) Exemptions. The provisions of this Section shall not apply to the following:

(1) any deputy sheriff that has been assigned by the sheriff to work undercover, while his or her identity as a deputy sheriff must remain a secret for the purposes of the assignment;

(2) deputy sheriffs exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934;

(3) Cook County deputy sheriffs who are subject to Section 3-7018 of this Code.

(f) To the extent that this Section conflicts with any employment contract in effect on the effective date of this Section, the conflicting provision shall not apply until that contract expires or is renewed, renegotiated, or superseded.

(55 ILCS 5/3-7018 new)

Sec. 3-7018. Zero Tolerance Alcohol Policy.

(a) It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that Cook County deputy sheriffs are not impaired in a manner that endangers themselves or others. To this end it is declared to be the public policy of this State to provide a work environment free of the use of alcohol and unlawful drugs by on-duty Cook County deputy sheriffs.

(b) Every person employed as a Cook County deputy sheriff must comply with the alcohol use and testing requirements of the Cook County Sheriff.

(c) A person employed as a Cook County deputy sheriff who tests positive during a blood test for the purpose of determining the alcohol content of the person's blood while on duty pursuant to the procedures of the Cook County Sheriff shall be referred to the Cook County Sheriff's Merit Board under this Division 3-7 for appropriate discipline, where the totality of the circumstances shall be considered. Refusal by any Cook County deputy sheriff to submit to a blood test for alcohol shall be construed as a positive result.

(d) Upon finding that a Cook County deputy sheriff has violated subsection (b) of this Section, the Cook County Sheriff's Merit Board shall appropriately discipline the deputy sheriff.

(e) Exemptions. The provisions of this Section shall not apply to the following:

(1) any Cook County deputy sheriff who has been assigned by the Cook County Sheriff to work undercover, while his or her identity as a deputy sheriff must remain a secret for the purposes of the assignment; and

(2) any Cook County deputy sheriff who is exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(f) To the extent that this Section conflicts with an employment contract in effect on the effective date of this Section, the conflicting provision shall not apply until that contract expires or is renewed, renegotiated, or superseded.

(g) Home rule. A home rule unit may not regulate the discipline of a Cook County deputy sheriff who tests positive during a blood test for the purpose of determining the alcohol content of the person's blood in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of power and functions exercised by the State.

Section 15. The Illinois Municipal Code is amended by adding Section 10-3-13 as follows:

(65 ILCS 5/10-3-13 new)

Sec. 10-3-13. Zero Tolerance Alcohol Policy.

(a) It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that police officers are not impaired in a manner that endangers themselves or others. To this end it is declared to be the public policy of this State to provide a work environment free of the use of alcohol and unlawful drugs by on-duty police officers.

(b) Every person employed as a policeman must comply with the alcohol use and testing requirements of the chief of police.

(c) A person employed as a policeman who tests positive during a blood test for the purpose of determining the alcohol content of the person's blood while on duty pursuant to the procedures of the employing police department shall be referred to the chief of police or other appropriate board or official for appropriate discipline, where the totality of the circumstances shall be considered. Refusal by any policeman to submit to a blood test for alcohol shall be construed as a positive result.

(d) Upon finding that a policeman has violated subsection (b) of this Section, the chief of police or other appropriate board or official shall appropriately discipline the policeman.

(e) Exemptions. The provisions of this Section shall not apply to the following:

(1) any policeman that has been assigned by the chief of police to work undercover, while his or her identity as a policeman must remain a secret for the purposes of the assignment; and

(2) policemen exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(f) To the extent that this Section conflicts with an employment contract in effect on the effective date of this Section, the conflicting provision shall not apply until that contract expires or is renewed, renegotiated, or superseded.

(g) Home rule. A home rule unit may not regulate the discipline of a policeman who tests positive during a blood test for the purpose of determining the alcohol content of the person's blood in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of power and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.37 as follows:

(30 ILCS 805/8.37 new)

Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 98th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.".