Full Text of HB0433 98th General Assembly
HB0433ham001 98TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 433
| 2 | | AMENDMENT NO. ______. Amend House Bill 433 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Police Act is amended by adding | 5 | | Section 7.3 as follows: | 6 | | (20 ILCS 2610/7.3 new) | 7 | | Sec. 7.3. Zero Tolerance Alcohol Policy. | 8 | | (a) It is the intent of the General Assembly to maintain a | 9 | | safe environment for the citizens of this State and to ensure | 10 | | that State Police officers are not impaired in a manner that | 11 | | endangers themselves or others. To this end it is declared to | 12 | | be the public policy of this State to provide a work | 13 | | environment free of the use of alcohol and unlawful drugs by | 14 | | on-duty police officers. | 15 | | (b) Every person employed as a State Police officer must | 16 | | comply with the alcohol use and testing requirements of the |
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| 1 | | State Police. | 2 | | (c) A person employed as a State Police officer who tests | 3 | | positive during a blood test for the purpose of determining the | 4 | | alcohol content of the person's blood while on duty pursuant to | 5 | | the procedures of the State Police shall be referred to the | 6 | | State Police Merit Board under this Act for appropriate | 7 | | discipline, where the totality of the circumstances shall be | 8 | | considered. Refusal by any State Police officer to submit to a | 9 | | blood test for alcohol shall be construed as a positive result. | 10 | | (d) Upon finding that a State Police Officer has violated | 11 | | subsection (b) of this Section, the State Police Merit Board | 12 | | shall appropriately discipline the State Police officer. | 13 | | (e) Exemptions. The provisions of this Section shall not | 14 | | apply to the following: | 15 | | (1) any State Police officer that has been assigned by | 16 | | the Director to work undercover, while his or her identity | 17 | | as a police officer must remain a secret for the purposes | 18 | | of the assignment; and | 19 | | (2) State Police officers exempt under subsection (g) | 20 | | of Section 10-1 of Article 10 of the Liquor Control Act of | 21 | | 1934. | 22 | | (f) To the extent that this Section conflicts with an | 23 | | employment contract in effect on the effective date of this | 24 | | Section, the conflicting provision shall not apply until that | 25 | | contract expires or is renewed, renegotiated, or superseded. |
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| 1 | | Section 10. The Counties Code is amended by adding Sections | 2 | | 3-7018 and 3-6040 as follows: | 3 | | (55 ILCS 5/3-6040 new) | 4 | | Sec. 3-6040. Zero Tolerance Alcohol Policy. | 5 | | (a) It is the intent of the General Assembly to maintain a | 6 | | safe environment for the citizens of this State and to ensure | 7 | | that deputy sheriffs are not impaired in a manner that | 8 | | endangers themselves or others. To this end it is declared to | 9 | | be the public policy of this State to provide a work | 10 | | environment free of the use of alcohol and unlawful drugs by | 11 | | on-duty deputy sheriffs. | 12 | | (b) Every person employed as a deputy sheriff must comply | 13 | | with the alcohol use and testing requirements of the sheriff. | 14 | | (c) A person employed as a deputy sheriff who tests | 15 | | positive during a blood test for the purpose of determining the | 16 | | alcohol content of the person's blood while on duty pursuant to | 17 | | the procedures of the employing sheriff's office shall be | 18 | | referred to the sheriff for appropriate discipline, where the | 19 | | totality of the circumstances shall be considered. Refusal by | 20 | | any deputy sheriff to submit to a blood test for alcohol shall | 21 | | be construed as a positive result. | 22 | | (d) Upon finding that a deputy sheriff has violated | 23 | | subsection (b) of this Section, the sheriff shall appropriately | 24 | | discipline the deputy sheriff. | 25 | | (e) Exemptions. The provisions of this Section shall not |
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| 1 | | apply to the following: | 2 | | (1) any deputy sheriff that has been assigned by the | 3 | | sheriff to work undercover, while his or her identity as a | 4 | | deputy sheriff must remain a secret for the purposes of the | 5 | | assignment; | 6 | | (2) deputy sheriffs exempt under subsection (g) of | 7 | | Section 10-1 of Article 10 of the Liquor Control Act of | 8 | | 1934; | 9 | | (3) Cook County deputy sheriffs who are subject to | 10 | | Section 3-7018 of this Code. | 11 | | (f) To the extent that this Section conflicts with any | 12 | | employment contract in effect on the effective date of this | 13 | | Section, the conflicting provision shall not apply until that | 14 | | contract expires or is renewed, renegotiated, or superseded. | 15 | | (55 ILCS 5/3-7018 new) | 16 | | Sec. 3-7018. Zero Tolerance Alcohol Policy. | 17 | | (a) It is the intent of the General Assembly to maintain a | 18 | | safe environment for the citizens of this State and to ensure | 19 | | that Cook County deputy sheriffs are not impaired in a manner | 20 | | that endangers themselves or others. To this end it is declared | 21 | | to be the public policy of this State to provide a work | 22 | | environment free of the use of alcohol and unlawful drugs by | 23 | | on-duty Cook County deputy sheriffs. | 24 | | (b) Every person employed as a Cook County deputy sheriff | 25 | | must comply with the alcohol use and testing requirements of |
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| 1 | | the Cook County Sheriff. | 2 | | (c) A person employed as a Cook County deputy sheriff who | 3 | | tests positive during a blood test for the purpose of | 4 | | determining the alcohol content of the person's blood while on | 5 | | duty pursuant to the procedures of the Cook County Sheriff | 6 | | shall be referred to the Cook County Sheriff's Merit Board | 7 | | under this Division 3-7 for appropriate discipline, where the | 8 | | totality of the circumstances shall be considered. Refusal by | 9 | | any Cook County deputy sheriff to submit to a blood test for | 10 | | alcohol shall be construed as a positive result. | 11 | | (d) Upon finding that a Cook County deputy sheriff has | 12 | | violated subsection (b) of this Section, the Cook County | 13 | | Sheriff's Merit Board shall appropriately discipline the | 14 | | deputy sheriff. | 15 | | (e) Exemptions. The provisions of this Section shall not | 16 | | apply to the following: | 17 | | (1) any Cook County deputy sheriff who has been | 18 | | assigned by the Cook County Sheriff to work undercover, | 19 | | while his or her identity as a deputy sheriff must remain a | 20 | | secret for the purposes of the assignment; and | 21 | | (2) any Cook County deputy sheriff who is exempt under | 22 | | subsection (g) of Section 10-1 of Article 10 of the Liquor | 23 | | Control Act of 1934. | 24 | | (f) To the extent that this Section conflicts with an | 25 | | employment contract in effect on the effective date of this | 26 | | Section, the conflicting provision shall not apply until that |
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| 1 | | contract expires or is renewed, renegotiated, or superseded. | 2 | | (g) Home rule. A home rule unit may not regulate the | 3 | | discipline of a Cook County deputy sheriff who tests positive | 4 | | during a blood test for the purpose of determining the alcohol | 5 | | content of the person's blood in a manner that is inconsistent | 6 | | with this Section. This Section is a limitation under | 7 | | subsection (i) of Section 6 of Article VII of the Illinois | 8 | | Constitution on the concurrent exercise by home rule units of | 9 | | power and functions exercised by the State. | 10 | | Section 15. The Illinois Municipal Code is amended by | 11 | | adding Section 10-3-13 as follows: | 12 | | (65 ILCS 5/10-3-13 new) | 13 | | Sec. 10-3-13. Zero Tolerance Alcohol Policy. | 14 | | (a) It is the intent of the General Assembly to maintain a | 15 | | safe environment for the citizens of this State and to ensure | 16 | | that police officers are not impaired in a manner that | 17 | | endangers themselves or others. To this end it is declared to | 18 | | be the public policy of this State to provide a work | 19 | | environment free of the use of alcohol and unlawful drugs by | 20 | | on-duty police officers. | 21 | | (b) Every person employed as a policeman must comply with | 22 | | the alcohol use and testing requirements of the chief of | 23 | | police. | 24 | | (c) A person employed as a policeman who tests positive |
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| 1 | | during a blood test for the purpose of determining the alcohol | 2 | | content of the person's blood while on duty pursuant to the | 3 | | procedures of the employing police department shall be referred | 4 | | to the chief of police or other appropriate board or official | 5 | | for appropriate discipline, where the totality of the | 6 | | circumstances shall be considered. Refusal by any policeman to | 7 | | submit to a blood test for alcohol shall be construed as a | 8 | | positive result. | 9 | | (d) Upon finding that a policeman has violated subsection | 10 | | (b) of this Section, the chief of police or other appropriate | 11 | | board or official shall appropriately discipline the | 12 | | policeman. | 13 | | (e) Exemptions. The provisions of this Section shall not | 14 | | apply to the following: | 15 | | (1) any policeman that has been assigned by the chief | 16 | | of police to work undercover, while his or her identity as | 17 | | a policeman must remain a secret for the purposes of the | 18 | | assignment; and | 19 | | (2) policemen exempt under subsection (g) of Section | 20 | | 10-1 of Article 10 of the Liquor Control Act of 1934. | 21 | | (f) To the extent that this Section conflicts with an | 22 | | employment contract in effect on the effective date of this | 23 | | Section, the conflicting provision shall not apply until that | 24 | | contract expires or is renewed, renegotiated, or superseded. | 25 | | (g) Home rule. A home rule unit may not regulate the | 26 | | discipline of a policeman who tests positive during a blood |
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| 1 | | test for the purpose of determining the alcohol content of the | 2 | | person's blood in a manner that is inconsistent with this | 3 | | Section. This Section is a limitation under subsection (i) of | 4 | | Section 6 of Article VII of the Illinois Constitution on the | 5 | | concurrent exercise by home rule units of power and functions | 6 | | exercised by the State. | 7 | | Section 90. The State Mandates Act is amended by adding | 8 | | Section 8.37 as follows: | 9 | | (30 ILCS 805/8.37 new) | 10 | | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 | 11 | | of this Act, no reimbursement by the State is required for the | 12 | | implementation of any mandate created by this amendatory Act of | 13 | | the 98th General Assembly.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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