HB3035sam001 98TH GENERAL ASSEMBLY

Sen. Mike Jacobs

Filed: 5/8/2013

09800HB3035sam001 LRB098 08955 OMW 45272 a

AMENDMENT TO HOUSE BILL 3035

AMENDMENT NO. ______. Amend House Bill 3035 by replacing everything after the enacting clause with the following:

"Section 5. The State Police Act is amended by adding Section 12.6 as follows:

(20 ILCS 2610/12.6 new)

Sec. 12.6. 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. Therefore, 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 State Police officers.

(b) The Department of State Police shall adopt rules to implement this Section.

(c) Any person employed by the Department of State Police as a State Police officer must comply with the alcohol use and testing requirements of the Department of State Police.

(d) If a State Police officer's supervisor reasonably believes, based upon objective facts, that an officer's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the officer from continuing work;

(2) inform the officer of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the officer that he or she will be tested for alcohol;

(4) inform the officer that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with Departmental procedures, shall be construed as a positive result; and

(5) transport or cause the officer to be transported safely away from the Department.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a State Police officer who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the State Police shall be referred to the Department of State Police Merit Board under this Act for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that an officer has violated this Section, the Board shall appropriately discipline the officer. Any determination of appropriate discipline made according to this Section against an officer by the Board shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the State Police officer.

(h) The provisions of this Section shall not apply to:

(1) an officer who has been assigned to consume alcohol while on-duty and under appropriate supervision by a superior officer for training purposes as approved by the Director;

(2) an officer whose duty requirements run counter to the provisions of this Section;

(3) an officer who has been assigned by the Director to work undercover, while his or her identity as a police officer must remain undisclosed for purposes of that assignment; and

(4) an officer exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement 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. Therefore, 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) The sheriff shall adopt rules to implement this Section.

(c) Any person employed by the sheriff as a deputy sheriff must comply with the alcohol use and testing requirements of the sheriff.

(d) If a deputy sheriff's supervisor reasonably believes, based upon objective facts, that the deputy sheriff's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the deputy sheriff from continuing work;

(2) inform the deputy sheriff of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the deputy sheriff that he or she will be tested for alcohol;

(4) inform the deputy sheriff that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with the procedures of the sheriff's office, shall be construed as a positive result; and

(5) transport or cause the deputy sheriff to be transported safely away from the sheriff's office.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a deputy sheriff who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the sheriff shall be referred to the sheriff for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that a deputy sheriff has violated this Section, the sheriff shall appropriately discipline the deputy sheriff. Any determination of appropriate discipline made according to this Section against a deputy sheriff by the sheriff shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the deputy sheriff.

(h) The provisions of this Section shall not apply to:

(1) a deputy sheriff who has been assigned to consume alcohol while on-duty and under appropriate supervision for training purposes as approved by the sheriff;

(2) a deputy sheriff whose duty requirements run counter to the provisions of this Section;

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

(4) a deputy sheriff exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement 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. Therefore, 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) The Cook County Sheriff shall adopt rules to implement this Section.

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

(d) If a Cook County deputy sheriff's supervisor reasonably believes, based upon objective facts, that the Cook County deputy sheriff's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the Cook County deputy sheriff from continuing work;

(2) inform the Cook County deputy sheriff of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the Cook County deputy sheriff that he or she will be tested for alcohol;

(4) inform the Cook County deputy sheriff that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with the procedures of the Cook County Sheriff's office, shall be construed as a positive result; and

(5) transport or cause the Cook County deputy sheriff to be transported safely away from the Cook County Sheriff's office.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a Cook County deputy sheriff who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the Cook County Sheriff shall be referred to the Cook County Sheriff Merit Board for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that a Cook County deputy sheriff has violated this Section, the Board shall appropriately discipline the Cook County deputy sheriff. Any determination of appropriate discipline made according to this Section against a Cook County deputy sheriff by the Board shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the Cook County deputy sheriff.

(h) The provisions of this Section shall not apply to:

(1) a Cook County deputy sheriff who has been assigned to consume alcohol while on-duty and under appropriate supervision for training purposes as approved by the Cook County Sheriff;

(2) a Cook County deputy sheriff whose duty requirements run counter to the provisions of this Section;

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

(4) a Cook County deputy sheriff exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires or is renewed, renegotiated, or superseded.

(j) A home rule unit may not regulate the discipline of a Cook County deputy sheriff who tests positive during a 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 policemen are not impaired in a manner that endangers themselves or others. Therefore, 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 policemen.

(b) The chief of police shall adopt rules to implement this Section.

(c) Any person employed by the police department of a municipality as a policeman must comply with the alcohol use and testing requirements of the police department.

(d) If a policeman's supervisor reasonably believes, based upon objective facts, that the policeman's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the policeman from continuing work;

(2) inform the policeman of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the policeman that he or she will be tested for alcohol;

(4) inform the policeman that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with the procedures of the police department, shall be construed as a positive result; and

(5) transport or cause the policeman to be transported safely away from the police department.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a policeman who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the police department shall be referred to the chief of police or other appropriate board or official for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that a policeman has violated this Section, the chief of police or other appropriate board or official shall appropriately discipline the policeman. Any determination of appropriate discipline made according to this Section against a policeman by the chief of police or other appropriate board or official shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the policeman.

(h) The provisions of this Section shall not apply to:

(1) a policeman who has been assigned to consume alcohol while on-duty and under appropriate supervision for training purposes as approved by the chief of police;

(2) a policeman whose duty requirements run counter to the provisions of this Section;

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

(4) a policeman exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires or is renewed, renegotiated, or superseded.

(j) A home rule unit may not regulate the discipline of a policeman who tests positive during a 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 20. The Illinois Vehicle Code is amended by adding Section 2-116.5 as follows:

(625 ILCS 5/2-116.5 new)

Sec. 2-116.5. Zero tolerance alcohol policy.

(a) Purpose. It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that Secretary of State Department of Police officers are not impaired in a manner that endangers themselves or others. Therefore, 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 Secretary of State Department of Police officers.

(b) The Secretary shall adopt rules to implement this Section.

(c) Any person employed as a Secretary of State Department of Police officer must comply with the alcohol use and testing requirements of the Secretary of State Department of Police.

(d) If a Secretary of State Department of Police officer's supervisor reasonably believes, based upon objective facts, that an officer's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the officer from continuing work;

(2) inform the officer of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the officer that he or she will be tested for alcohol;

(4) inform the officer that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with Departmental procedures, shall be construed as a positive result; and

(5) transport or cause the officer to be transported safely away from the Department.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a Secretary of State Department of Police officer who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the Secretary of State Department of Police shall be referred to the Director of Personnel as required by rule for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that an officer has violated this Section, the Director of Personnel shall appropriately discipline the officer. Any determination of appropriate discipline made according to this Section against an officer shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the officer.

(h) The provisions of this Section shall not apply to:

(1) an officer who has been assigned to consume alcohol while on-duty and under appropriate supervision by a superior officer for training purposes as approved by the Director;

(2) an officer whose duty requirements run counter to the provision of this Section;

(3) an officer who has been assigned by the Director to work undercover, while his or her identity as a police officer must remain undisclosed for purposes of that assignment; and

(4) an officer exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires or is renewed, renegotiated, or superseded.".