Full Text of HB3035 98th General Assembly
HB3035sam001 98TH GENERAL ASSEMBLY | Sen. Mike Jacobs Filed: 5/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3035
| 2 | | AMENDMENT NO. ______. Amend House Bill 3035 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Police Act is amended by adding | 5 | | Section 12.6 as follows: | 6 | | (20 ILCS 2610/12.6 new) | 7 | | Sec. 12.6. 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. Therefore, it is declared to be | 12 | | the public policy of this State to provide a work environment | 13 | | free of the use of alcohol and unlawful drugs by on-duty State | 14 | | Police officers. | 15 | | (b) The Department of State Police shall adopt rules to | 16 | | implement this Section. |
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| 1 | | (c) Any person employed by the Department of State Police | 2 | | as a State Police officer must comply with the alcohol use and | 3 | | testing requirements of the Department of State Police. | 4 | | (d) If a State Police officer's supervisor reasonably | 5 | | believes, based upon objective facts, that an officer's ability | 6 | | to perform his or her duties safely and efficiently while on | 7 | | duty may be impaired by the consumption of alcohol, the | 8 | | supervisor shall: | 9 | | (1) prevent the officer from continuing work; | 10 | | (2) inform the officer of the specific facts supporting | 11 | | his or her belief and prepare a written record of those | 12 | | facts; | 13 | | (3) inform the officer that he or she will be tested | 14 | | for alcohol; | 15 | | (4) inform the officer that he or she may refuse the | 16 | | test, but that refusal to submit to a test for alcohol, | 17 | | ordered in accordance with Departmental procedures, shall | 18 | | be construed as a positive result; and | 19 | | (5) transport or cause the officer to be transported | 20 | | safely away from the Department. | 21 | | (e) A test shall be construed as a positive result if the | 22 | | test shows a result of a blood alcohol content higher than | 23 | | 0.00%. | 24 | | (f) A person employed as a State Police officer who tests | 25 | | positive in a test for the purpose of determining the alcohol | 26 | | content of the person's blood while on duty according to the |
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| 1 | | procedures of the State Police shall be referred to the | 2 | | Department of State Police Merit Board under this Act for | 3 | | appropriate discipline, if any, where the totality of the | 4 | | circumstances shall be considered. | 5 | | (g) Upon a finding that an officer has violated this | 6 | | Section, the Board shall appropriately discipline the officer. | 7 | | Any determination of appropriate discipline made according to | 8 | | this Section against an officer by the Board shall be subject | 9 | | to an appeals process, if any, afforded by the collective | 10 | | bargaining agreement governing the employment of the State | 11 | | Police officer. | 12 | | (h) The provisions of this Section shall not apply to: | 13 | | (1) an officer who has been assigned to consume alcohol | 14 | | while on-duty and under appropriate supervision by a | 15 | | superior officer for training purposes as approved by the | 16 | | Director; | 17 | | (2) an officer whose duty requirements run counter to | 18 | | the provisions of this Section; | 19 | | (3) an officer who has been assigned by the Director to | 20 | | work undercover, while his or her identity as a police | 21 | | officer must remain undisclosed for purposes of that | 22 | | assignment; and | 23 | | (4) an officer exempt under subsection (g) of Section | 24 | | 10-1 of Article 10 of the Liquor Control Act of 1934. | 25 | | (i) To the extent this Section conflicts with a collective | 26 | | bargaining agreement in effect on the effective date of this |
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| 1 | | amendatory Act of the 98th General Assembly, the conflicting | 2 | | provision of this Section shall not apply until that collective | 3 | | bargaining agreement expires or is renewed, renegotiated, or | 4 | | superseded.
| 5 | | Section 10. The Counties Code is amended by adding Sections | 6 | | 3-7018 and 3-6040 as follows: | 7 | | (55 ILCS 5/3-6040 new) | 8 | | Sec. 3-6040. Zero tolerance alcohol policy. | 9 | | (a) It is the intent of the General Assembly to maintain a | 10 | | safe environment for the citizens of this State and to ensure | 11 | | that deputy sheriffs are not impaired in a manner that | 12 | | endangers themselves or others. Therefore, it is declared to be | 13 | | the public policy of this State to provide a work environment | 14 | | free of the use of alcohol and unlawful drugs by on-duty deputy | 15 | | sheriffs. | 16 | | (b) The sheriff shall adopt rules to implement this | 17 | | Section. | 18 | | (c) Any person employed by the sheriff as a deputy sheriff | 19 | | must comply with the alcohol use and testing requirements of | 20 | | the sheriff. | 21 | | (d) If a deputy sheriff's supervisor reasonably believes, | 22 | | based upon objective facts, that the deputy sheriff's ability | 23 | | to perform his or her duties safely and efficiently while on | 24 | | duty may be impaired by the consumption of alcohol, the |
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| 1 | | supervisor shall: | 2 | | (1) prevent the deputy sheriff from continuing work; | 3 | | (2) inform the deputy sheriff of the specific facts | 4 | | supporting his or her belief and prepare a written record | 5 | | of those facts; | 6 | | (3) inform the deputy sheriff that he or she will be | 7 | | tested for alcohol; | 8 | | (4) inform the deputy sheriff that he or she may refuse | 9 | | the test, but that refusal to submit to a test for alcohol, | 10 | | ordered in accordance with the procedures of the sheriff's | 11 | | office, shall be construed as a positive result; and | 12 | | (5) transport or cause the deputy sheriff to be | 13 | | transported safely away from the sheriff's office. | 14 | | (e) A test shall be construed as a positive result if the | 15 | | test shows a result of a blood alcohol content higher than | 16 | | 0.00%. | 17 | | (f) A person employed as a deputy sheriff who tests | 18 | | positive in a test for the purpose of determining the alcohol | 19 | | content of the person's blood while on duty according to the | 20 | | procedures of the sheriff shall be referred to the sheriff for | 21 | | appropriate discipline, if any, where the totality of the | 22 | | circumstances shall be considered. | 23 | | (g) Upon a finding that a deputy sheriff has violated this | 24 | | Section, the sheriff shall appropriately discipline the deputy | 25 | | sheriff. Any determination of appropriate discipline made | 26 | | according to this Section against a deputy sheriff by the |
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| 1 | | sheriff shall be subject to an appeals process, if any, | 2 | | afforded by the collective bargaining agreement governing the | 3 | | employment of the deputy sheriff. | 4 | | (h) The provisions of this Section shall not apply to: | 5 | | (1) a deputy sheriff who has been assigned to consume | 6 | | alcohol while on-duty and under appropriate supervision | 7 | | for training purposes as approved by the sheriff; | 8 | | (2) a deputy sheriff whose duty requirements run | 9 | | counter to the provisions of this Section; | 10 | | (3) a deputy sheriff who has been assigned by the | 11 | | sheriff to work undercover, while his or her identity as a | 12 | | deputy sheriff must remain undisclosed for purposes of that | 13 | | assignment; and | 14 | | (4) a deputy sheriff exempt under subsection (g) of | 15 | | Section 10-1 of Article 10 of the Liquor Control Act of | 16 | | 1934. | 17 | | (i) To the extent this Section conflicts with a collective | 18 | | bargaining agreement in effect on the effective date of this | 19 | | amendatory Act of the 98th General Assembly, the conflicting | 20 | | provision of this Section shall not apply until that collective | 21 | | bargaining agreement expires or is renewed, renegotiated, or | 22 | | superseded. | 23 | | (55 ILCS 5/3-7018 new) | 24 | | Sec. 3-7018. Zero tolerance alcohol policy. | 25 | | (a) It is the intent of the General Assembly to maintain a |
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| 1 | | safe environment for the citizens of this State and to ensure | 2 | | that Cook County deputy sheriffs are not impaired in a manner | 3 | | that endangers themselves or others. Therefore, it is declared | 4 | | to be the public policy of this State to provide a work | 5 | | environment free of the use of alcohol and unlawful drugs by | 6 | | on-duty Cook County deputy sheriffs. | 7 | | (b) The Cook County Sheriff shall adopt rules to implement | 8 | | this Section. | 9 | | (c) Any person employed by the Cook County Sheriff as a | 10 | | deputy sheriff must comply with the alcohol use and testing | 11 | | requirements of the Cook County Sheriff. | 12 | | (d) If a Cook County deputy sheriff's supervisor reasonably | 13 | | believes, based upon objective facts, that the Cook County | 14 | | deputy sheriff's ability to perform his or her duties safely | 15 | | and efficiently while on duty may be impaired by the | 16 | | consumption of alcohol, the supervisor shall: | 17 | | (1) prevent the Cook County deputy sheriff from | 18 | | continuing work; | 19 | | (2) inform the Cook County deputy sheriff of the | 20 | | specific facts supporting his or her belief and prepare a | 21 | | written record of those facts; | 22 | | (3) inform the Cook County deputy sheriff that he or | 23 | | she will be tested for alcohol; | 24 | | (4) inform the Cook County deputy sheriff that he or | 25 | | she may refuse the test, but that refusal to submit to a | 26 | | test for alcohol, ordered in accordance with the procedures |
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| 1 | | of the Cook County Sheriff's office, shall be construed as | 2 | | a positive result; and | 3 | | (5) transport or cause the Cook County deputy sheriff | 4 | | to be transported safely away from the Cook County | 5 | | Sheriff's office. | 6 | | (e) A test shall be construed as a positive result if the | 7 | | test shows a result of a blood alcohol content higher than | 8 | | 0.00%. | 9 | | (f) A person employed as a Cook County deputy sheriff who | 10 | | tests positive in a test for the purpose of determining the | 11 | | alcohol content of the person's blood while on duty according | 12 | | to the procedures of the Cook County Sheriff shall be referred | 13 | | to the Cook County Sheriff Merit Board for appropriate | 14 | | discipline, if any, where the totality of the circumstances | 15 | | shall be considered. | 16 | | (g) Upon a finding that a Cook County deputy sheriff has | 17 | | violated this Section, the Board shall appropriately | 18 | | discipline the Cook County deputy sheriff. Any determination of | 19 | | appropriate discipline made according to this Section against a | 20 | | Cook County deputy sheriff by the Board shall be subject to an | 21 | | appeals process, if any, afforded by the collective bargaining | 22 | | agreement governing the employment of the Cook County deputy | 23 | | sheriff. | 24 | | (h) The provisions of this Section shall not apply to: | 25 | | (1) a Cook County deputy sheriff who has been assigned | 26 | | to consume alcohol while on-duty and under appropriate |
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| 1 | | supervision for training purposes as approved by the Cook | 2 | | County Sheriff; | 3 | | (2) a Cook County deputy sheriff whose duty | 4 | | requirements run counter to the provisions of this Section; | 5 | | (3) a Cook County deputy sheriff who has been assigned | 6 | | by the Cook County Sheriff to work undercover, while his or | 7 | | her identity as a Cook County deputy sheriff must remain | 8 | | undisclosed for purposes of that assignment; and | 9 | | (4) a Cook County deputy sheriff exempt under | 10 | | subsection (g) of Section 10-1 of Article 10 of the Liquor | 11 | | Control Act of 1934. | 12 | | (i) To the extent this Section conflicts with a collective | 13 | | bargaining agreement in effect on the effective date of this | 14 | | amendatory Act of the 98th General Assembly, the conflicting | 15 | | provision of this Section shall not apply until that collective | 16 | | bargaining agreement expires or is renewed, renegotiated, or | 17 | | superseded. | 18 | | (j) A home rule unit may not regulate the discipline of a | 19 | | Cook County deputy sheriff who tests positive during a test for | 20 | | the purpose of determining the alcohol content of the person's | 21 | | blood in a manner that is inconsistent with this Section. This | 22 | | Section is a limitation under subsection (i) of Section 6 of | 23 | | Article VII of the Illinois Constitution on the concurrent | 24 | | exercise by home rule units of power and functions exercised by | 25 | | the State. |
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| 1 | | Section 15. The Illinois Municipal Code is amended by | 2 | | adding Section 10-3-13 as follows: | 3 | | (65 ILCS 5/10-3-13 new) | 4 | | Sec. 10-3-13. 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 policemen are not impaired in a manner that endangers | 8 | | themselves or others. Therefore, it is declared to be the | 9 | | public policy of this State to provide a work environment free | 10 | | of the use of alcohol and unlawful drugs by on-duty policemen. | 11 | | (b) The chief of police shall adopt rules to implement this | 12 | | Section. | 13 | | (c) Any person employed by the police department of a | 14 | | municipality as a policeman must comply with the alcohol use | 15 | | and testing requirements of the police department. | 16 | | (d) If a policeman's supervisor reasonably believes, based | 17 | | upon objective facts, that the policeman's ability to perform | 18 | | his or her duties safely and efficiently while on duty may be | 19 | | impaired by the consumption of alcohol, the supervisor shall: | 20 | | (1) prevent the policeman from continuing work; | 21 | | (2) inform the policeman of the specific facts | 22 | | supporting his or her belief and prepare a written record | 23 | | of those facts; | 24 | | (3) inform the policeman that he or she will be tested | 25 | | for alcohol; |
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| 1 | | (4) inform the policeman that he or she may refuse the | 2 | | test, but that refusal to submit to a test for alcohol, | 3 | | ordered in accordance with the procedures of the police | 4 | | department, shall be construed as a positive result; and | 5 | | (5) transport or cause the policeman to be transported | 6 | | safely away from the police department. | 7 | | (e) A test shall be construed as a positive result if the | 8 | | test shows a result of a blood alcohol content higher than | 9 | | 0.00%. | 10 | | (f) A person employed as a policeman who tests positive in | 11 | | a test for the purpose of determining the alcohol content of | 12 | | the person's blood while on duty according to the procedures of | 13 | | the police department shall be referred to the chief of police | 14 | | or other appropriate board or official for appropriate | 15 | | discipline, if any, where the totality of the circumstances | 16 | | shall be considered. | 17 | | (g) Upon a finding that a policeman has violated this | 18 | | Section, the chief of police or other appropriate board or | 19 | | official shall appropriately discipline the policeman. Any | 20 | | determination of appropriate discipline made according to this | 21 | | Section against a policeman by the chief of police or other | 22 | | appropriate board or official shall be subject to an appeals | 23 | | process, if any, afforded by the collective bargaining | 24 | | agreement governing the employment of the policeman. | 25 | | (h) The provisions of this Section shall not apply to: | 26 | | (1) a policeman who has been assigned to consume |
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| 1 | | alcohol while on-duty and under appropriate supervision | 2 | | for training purposes as approved by the chief of police; | 3 | | (2) a policeman whose duty requirements run counter to | 4 | | the provisions of this Section; | 5 | | (3) a policeman who has been assigned by the chief of | 6 | | police to work undercover, while his or her identity as a | 7 | | policeman must remain undisclosed for purposes of that | 8 | | assignment; and | 9 | | (4) a policeman exempt under subsection (g) of Section | 10 | | 10-1 of Article 10 of the Liquor Control Act of 1934. | 11 | | (i) To the extent this Section conflicts with a collective | 12 | | bargaining agreement in effect on the effective date of this | 13 | | amendatory Act of the 98th General Assembly, the conflicting | 14 | | provision of this Section shall not apply until that collective | 15 | | bargaining agreement expires or is renewed, renegotiated, or | 16 | | superseded. | 17 | | (j) A home rule unit may not regulate the discipline of a | 18 | | policeman who tests positive during a test for the purpose of | 19 | | determining the alcohol content of the person's blood in a | 20 | | manner that is inconsistent with this Section. This Section is | 21 | | a limitation under subsection (i) of Section 6 of Article VII | 22 | | of the Illinois Constitution on the concurrent exercise by home | 23 | | rule units of power and functions exercised by the State. | 24 | | Section 20. The Illinois Vehicle Code is amended by adding | 25 | | Section 2-116.5 as follows: |
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| 1 | | (625 ILCS 5/2-116.5 new) | 2 | | Sec. 2-116.5. Zero tolerance alcohol policy. | 3 | | (a) Purpose. It is the intent of the General Assembly to | 4 | | maintain a safe environment for the citizens of this State and | 5 | | to ensure that Secretary of State Department of Police officers | 6 | | are not impaired in a manner that endangers themselves or | 7 | | others. Therefore, it is declared to be the public policy of | 8 | | this State to provide a work environment free of the use of | 9 | | alcohol and unlawful drugs by on-duty Secretary of State | 10 | | Department of Police officers. | 11 | | (b) The Secretary shall adopt rules to implement this | 12 | | Section. | 13 | | (c) Any person employed as a Secretary of State Department | 14 | | of Police officer must comply with the alcohol use and testing | 15 | | requirements of the Secretary of State Department of Police. | 16 | | (d) If a Secretary of State Department of Police officer's | 17 | | supervisor reasonably believes, based upon objective facts, | 18 | | that an officer's ability to perform his or her duties safely | 19 | | and efficiently while on duty may be impaired by the | 20 | | consumption of alcohol, the supervisor shall: | 21 | | (1) prevent the officer from continuing work; | 22 | | (2) inform the officer of the specific facts supporting | 23 | | his or her belief and prepare a written record of those | 24 | | facts; | 25 | | (3) inform the officer that he or she will be tested |
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| 1 | | for alcohol; | 2 | | (4) inform the officer that he or she may refuse the | 3 | | test, but that refusal to submit to a test for alcohol, | 4 | | ordered in accordance with Departmental procedures, shall | 5 | | be construed as a positive result; and | 6 | | (5) transport or cause the officer to be transported | 7 | | safely away from the Department. | 8 | | (e) A test shall be construed as a positive result if the | 9 | | test shows a result of a blood alcohol content higher than | 10 | | 0.00%. | 11 | | (f) A person employed as a Secretary of State Department of | 12 | | Police officer who tests positive in a test for the purpose of | 13 | | determining the alcohol content of the person's blood while on | 14 | | duty according to the procedures of the Secretary of State | 15 | | Department of Police shall be referred to the Director of | 16 | | Personnel as required by rule for appropriate discipline, if | 17 | | any, where the totality of the circumstances shall be | 18 | | considered. | 19 | | (g) Upon a finding that an officer has violated this | 20 | | Section, the Director of Personnel shall appropriately | 21 | | discipline the officer. Any determination of appropriate | 22 | | discipline made according to this Section against an officer | 23 | | shall be subject to an appeals process, if any, afforded by the | 24 | | collective bargaining agreement governing the employment of | 25 | | the officer. | 26 | | (h) The provisions of this Section shall not apply to: |
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| 1 | | (1) an officer who has been assigned to consume alcohol | 2 | | while on-duty and under appropriate supervision by a | 3 | | superior officer for training purposes as approved by the | 4 | | Director; | 5 | | (2) an officer whose duty requirements run counter to | 6 | | the provision of this Section; | 7 | | (3) an officer who has been assigned by the Director to | 8 | | work undercover, while his or her identity as a police | 9 | | officer must remain undisclosed for purposes of that | 10 | | assignment; and | 11 | | (4) an officer exempt under subsection (g) of Section | 12 | | 10-1 of Article 10 of the Liquor Control Act of 1934. | 13 | | (i) To the extent this Section conflicts with a collective | 14 | | bargaining agreement in effect on the effective date of this | 15 | | amendatory Act of the 98th General Assembly, the conflicting | 16 | | provision of this Section shall not apply until that collective | 17 | | bargaining agreement expires or is renewed, renegotiated, or | 18 | | superseded. ".
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