Full Text of HB3035 98th General Assembly
HB3035sam002 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 Disaster Relief Act is amended by changing | 5 | | Section 3 as follows:
| 6 | | (15 ILCS 30/3) (from Ch. 127, par. 293.3)
| 7 | | Sec. 3.
Whenever funds regularly appropriated to the State | 8 | | and local
governmental bodies for disaster response and | 9 | | recovery are insufficient to
provide services, and when the | 10 | | Governor has declared a disaster by
proclamation in accordance | 11 | | with Section 7 of the Illinois Emergency Management
Agency Act | 12 | | or any successor Act, the Governor
may draw
upon the Disaster | 13 | | Response and Recovery Relief Fund in order to provide services | 14 | | or to
reimburse local governmental bodies furnishing services. | 15 | | The fund
may be used for the payment of emergency employees, | 16 | | for the payment of
the Illinois National Guard when called to |
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| 1 | | active duty,
for disaster-related expenses of State Agencies | 2 | | and
Departments, and for the emergency purchase or renting of
| 3 | | equipment and commodities. The fund shall be used for | 4 | | furnishing
emergency services and relief to the disaster area | 5 | | as a whole and shall
not be used to provide private relief to | 6 | | persons sustaining property
damages or personal injury as a | 7 | | result of a disaster.
| 8 | | (Source: P.A. 87-168.)
| 9 | | Section 10. The State Police Act is amended by adding | 10 | | Section 12.6 as follows: | 11 | | (20 ILCS 2610/12.6 new) | 12 | | Sec. 12.6. Zero tolerance alcohol policy. | 13 | | (a) It is the intent of the General Assembly to maintain a | 14 | | safe environment for the citizens of this State and to ensure | 15 | | that State Police officers are not impaired in a manner that | 16 | | endangers themselves or others. Therefore, it is declared to be | 17 | | the public policy of this State to provide a work environment | 18 | | free of the use of alcohol and unlawful drugs by on-duty State | 19 | | Police officers. | 20 | | (b) The Department of State Police shall adopt rules to | 21 | | implement this Section. | 22 | | (c) Any person employed by the Department of State Police | 23 | | as a State Police officer must comply with the alcohol use and | 24 | | testing requirements of the Department of State Police. |
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| 1 | | (d) If a State Police officer's supervisor reasonably | 2 | | believes, based upon objective facts, that an officer's ability | 3 | | to perform his or her duties safely and efficiently while on | 4 | | duty may be impaired by the consumption of alcohol, the | 5 | | supervisor shall: | 6 | | (1) prevent the officer from continuing work; | 7 | | (2) inform the officer of the specific facts supporting | 8 | | his or her belief and prepare a written record of those | 9 | | facts; | 10 | | (3) inform the officer that he or she will be tested | 11 | | for alcohol; | 12 | | (4) inform the officer that he or she may refuse the | 13 | | test, but that refusal to submit to a test for alcohol, | 14 | | ordered in accordance with Departmental procedures, shall | 15 | | be construed as a positive result; and | 16 | | (5) transport or cause the officer to be transported | 17 | | safely away from the Department. | 18 | | (e) A test shall be construed as a positive result if the | 19 | | test shows a result of a blood alcohol content higher than | 20 | | 0.00%. | 21 | | (f) A person employed as a State Police officer who tests | 22 | | positive in a test for the purpose of determining the alcohol | 23 | | content of the person's blood while on duty according to the | 24 | | procedures of the State Police shall be referred to the | 25 | | Department of State Police Merit Board under this Act for | 26 | | appropriate discipline, if any, where the totality of the |
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| 1 | | circumstances shall be considered. | 2 | | (g) Upon a finding that an officer has violated this | 3 | | Section, the Board shall appropriately discipline the officer. | 4 | | Any determination of appropriate discipline made according to | 5 | | this Section against an officer by the Board shall be subject | 6 | | to an appeals process, if any, afforded by the collective | 7 | | bargaining agreement governing the employment of the State | 8 | | Police officer. | 9 | | (h) The provisions of this Section shall not apply to: | 10 | | (1) an officer who has been assigned to consume alcohol | 11 | | while on-duty and under appropriate supervision by a | 12 | | superior officer for training purposes as approved by the | 13 | | Director; | 14 | | (2) an officer whose duty requirements run counter to | 15 | | the provisions of this Section; | 16 | | (3) an officer who has been assigned by the Director to | 17 | | work undercover, while his or her identity as a police | 18 | | officer must remain undisclosed for purposes of that | 19 | | assignment; and | 20 | | (4) an officer exempt under subsection (g) of Section | 21 | | 10-1 of Article 10 of the Liquor Control Act of 1934. | 22 | | (i) To the extent this Section conflicts with a collective | 23 | | bargaining agreement in effect on the effective date of this | 24 | | amendatory Act of the 98th General Assembly, the conflicting | 25 | | provision of this Section shall not apply until that collective | 26 | | bargaining agreement expires or is renewed, renegotiated, or |
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| 1 | | superseded. | 2 | | Section 15. The Illinois Emergency Management Agency Act is | 3 | | amended by changing Sections 8 and 9 as follows:
| 4 | | (20 ILCS 3305/8) (from Ch. 127, par. 1058)
| 5 | | Sec. 8. Mobile Support Teams.
| 6 | | (a) The Governor or Director may cause to
be created Mobile | 7 | | Support Teams to aid and to reinforce the Illinois Emergency
| 8 | | Management Agency, and emergency services and disaster
| 9 | | agencies in areas stricken by
disaster.
Each mobile
support | 10 | | team shall have a leader, selected by the Director who will be
| 11 | | responsible, under the direction and control of the Director, | 12 | | for the organization,
administration, and training, and | 13 | | operation of the mobile support team.
| 14 | | (b) Personnel of a mobile support team while on duty | 15 | | pursuant to
such a
call or while engaged in regularly scheduled | 16 | | training or exercises, whether
within or without the State, | 17 | | shall either:
| 18 | | (1) If they are paid employees of the State, have the | 19 | | powers, duties,
rights, privileges and immunities and | 20 | | receive the compensation incidental
to their employment.
| 21 | | (2) If they are paid employees of a political | 22 | | subdivision or body
politic of this State, and whether | 23 | | serving within or without that political
subdivision or | 24 | | body politic, have the powers, duties, rights, privileges
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| 1 | | and immunities, and receive the compensation incidental to | 2 | | their
employment.
| 3 | | (3) If they are not employees of the State, political | 4 | | subdivision or
body politic, or being such employees, are | 5 | | not normally paid for their
services, be entitled to at | 6 | | least one dollar per year compensation from the
State.
| 7 | | Personnel of a mobile support team who suffer disease, | 8 | | injury or
death arising out of or in the course of emergency | 9 | | duty, shall
for the purposes
of benefits under the Workers' | 10 | | Compensation Act or Workers' Occupational
Diseases Act only, be | 11 | | deemed to be employees of this State.
If the person diseased, | 12 | | injured or killed is an employee described in
item (3) above, | 13 | | the computation of benefits payable under
either of those Acts | 14 | | shall be based on income commensurate with comparable
State | 15 | | employees doing the same type of work or income from the | 16 | | person's
regular employment, whichever is greater.
| 17 | | All personnel of mobile support teams shall, while on duty | 18 | | under
such call, be reimbursed by this State for all actual and | 19 | | necessary travel
and subsistence expenses.
| 20 | | (c) The State shall reimburse each political subdivision
or | 21 | | body politic from the Disaster Response and Recovery Relief | 22 | | Fund for the compensation paid and
the actual and necessary
| 23 | | travel, subsistence and maintenance expenses of paid employees | 24 | | of the
political subdivision or body politic while serving,
| 25 | | outside of its geographical boundaries pursuant to such a call, | 26 | | as members of
a mobile support team, and for all payments made |
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| 1 | | for death, disease or injury
of those paid employees arising | 2 | | out of and incurred in the course of that
duty, and for all | 3 | | losses of or damage to supplies and equipment of the political
| 4 | | subdivision or body politic resulting from the
operations.
| 5 | | (d) Whenever mobile support teams or units of another | 6 | | state, while
the Governor has the emergency powers provided for | 7 | | under Section 7 of this
Act, render aid to this State under the | 8 | | orders of the Governor of
its home state and upon the request | 9 | | of the Governor of this State, all
questions relating to | 10 | | reimbursement by this State to the other state and its
citizens | 11 | | in regard to the assistance so rendered shall be determined by | 12 | | the
mutual aid agreements or interstate compacts described in | 13 | | subparagraph (5)
of paragraph (c) of
Section 6 as are existing | 14 | | at the time of the assistance rendered or are
entered into | 15 | | thereafter
and under Section 303 (d) of the Federal Civil | 16 | | Defense
Act of 1950.
| 17 | | (e) No personnel of mobile support teams of this State may | 18 | | be
ordered by the Governor to operate in any other state unless | 19 | | a request for
the same has been made by the Governor or duly | 20 | | authorized representative
of the other state.
| 21 | | (Source: P.A. 92-73, eff. 1-1-02.)
| 22 | | (20 ILCS 3305/9) (from Ch. 127, par. 1059)
| 23 | | Sec. 9. Financing.
| 24 | | (a) It is the intent of the Legislature
and declared to be | 25 | | the policy of the State that funds to meet disasters
shall |
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| 1 | | always be available.
| 2 | | (b) It is the legislative intent that the first recourse | 3 | | shall be to funds
regularly appropriated to State and political | 4 | | subdivision departments and
agencies. If the Governor finds | 5 | | that
the demands placed upon these funds in coping with a | 6 | | particular disaster are
unreasonably great, the Governor may | 7 | | make funds available from the
Disaster Response and Recovery | 8 | | Relief Fund.
If
monies available from the Fund are | 9 | | insufficient, and if the Governor finds
that other sources of | 10 | | money to cope with the disaster are not available or are
| 11 | | insufficient, the Governor
shall request the
General Assembly | 12 | | to enact legislation as it may deem necessary to transfer
and | 13 | | expend monies appropriated for other purposes or
borrow, for a | 14 | | term not to exceed 2 years from the United
States government or | 15 | | other public or private source. If
the General Assembly is
not | 16 | | sitting in regular session to enact
such legislation for the | 17 | | transfer, expenditure or loan of
such monies, and the President | 18 | | of the Senate and the Speaker of the House
certify that the | 19 | | Senate and House are not in session, the Governor is
authorized | 20 | | to carry out those
decisions, by depositing transfers or loan | 21 | | proceeds into and making
expenditures from the Disaster | 22 | | Response and Recovery Relief Fund, until such time as a quorum | 23 | | of
the General Assembly can convene
in a regular or | 24 | | extraordinary session.
The General Assembly shall, to the | 25 | | extent moneys become available, restore
moneys used from other | 26 | | sources under this Section.
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| 1 | | (c) Nothing contained in this Section shall be construed to
| 2 | | limit the Governor's authority to apply for, administer and | 3 | | expend grants,
gifts or payments in aid of disaster mitigation, | 4 | | preparedness, response or
recovery.
| 5 | | (Source: P.A. 92-73, eff. 1-1-02; 93-249, eff. 7-22-03.)
| 6 | | Section 20. The Emergency Management Assistance Compact | 7 | | Act is amended by adding Section 10 as follows: | 8 | | (45 ILCS 151/10 new) | 9 | | Sec. 10. Reimbursements and expenses. The Illinois | 10 | | Emergency Management Agency as the authorized representative | 11 | | of the State may use the Disaster Response and Recovery Fund to | 12 | | deposit any reimbursements received from a party state and to | 13 | | pay any expenses incurred relating to this Act. | 14 | | Section 25. The Counties Code is amended by adding Sections | 15 | | 3-7018 and 3-6040 as follows: | 16 | | (55 ILCS 5/3-6040 new) | 17 | | Sec. 3-6040. Zero tolerance alcohol policy. | 18 | | (a) It is the intent of the General Assembly to maintain a | 19 | | safe environment for the citizens of this State and to ensure | 20 | | that deputy sheriffs are not impaired in a manner that | 21 | | endangers themselves or others. Therefore, it is declared to be | 22 | | the public policy of this State to provide a work environment |
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| 1 | | free of the use of alcohol and unlawful drugs by on-duty deputy | 2 | | sheriffs. | 3 | | (b) The sheriff shall adopt rules to implement this | 4 | | Section. | 5 | | (c) Any person employed by the sheriff as a deputy sheriff | 6 | | must comply with the alcohol use and testing requirements of | 7 | | the sheriff. | 8 | | (d) If a deputy sheriff's supervisor reasonably believes, | 9 | | based upon objective facts, that the deputy sheriff's ability | 10 | | to perform his or her duties safely and efficiently while on | 11 | | duty may be impaired by the consumption of alcohol, the | 12 | | supervisor shall: | 13 | | (1) prevent the deputy sheriff from continuing work; | 14 | | (2) inform the deputy sheriff of the specific facts | 15 | | supporting his or her belief and prepare a written record | 16 | | of those facts; | 17 | | (3) inform the deputy sheriff that he or she will be | 18 | | tested for alcohol; | 19 | | (4) inform the deputy sheriff that he or she may refuse | 20 | | the test, but that refusal to submit to a test for alcohol, | 21 | | ordered in accordance with the procedures of the sheriff's | 22 | | office, shall be construed as a positive result; and | 23 | | (5) transport or cause the deputy sheriff to be | 24 | | transported safely away from the sheriff's office. | 25 | | (e) A test shall be construed as a positive result if the | 26 | | test shows a result of a blood alcohol content higher than |
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| 1 | | 0.00%. | 2 | | (f) A person employed as a deputy sheriff who tests | 3 | | positive in a test for the purpose of determining the alcohol | 4 | | content of the person's blood while on duty according to the | 5 | | procedures of the sheriff shall be referred to the sheriff for | 6 | | appropriate discipline, if any, where the totality of the | 7 | | circumstances shall be considered. | 8 | | (g) Upon a finding that a deputy sheriff has violated this | 9 | | Section, the sheriff shall appropriately discipline the deputy | 10 | | sheriff. Any determination of appropriate discipline made | 11 | | according to this Section against a deputy sheriff by the | 12 | | sheriff shall be subject to an appeals process, if any, | 13 | | afforded by the collective bargaining agreement governing the | 14 | | employment of the deputy sheriff. | 15 | | (h) The provisions of this Section shall not apply to: | 16 | | (1) a deputy sheriff who has been assigned to consume | 17 | | alcohol while on-duty and under appropriate supervision | 18 | | for training purposes as approved by the sheriff; | 19 | | (2) a deputy sheriff whose duty requirements run | 20 | | counter to the provisions of this Section; | 21 | | (3) a deputy sheriff who has been assigned by the | 22 | | sheriff to work undercover, while his or her identity as a | 23 | | deputy sheriff must remain undisclosed for purposes of that | 24 | | assignment; and | 25 | | (4) a deputy sheriff exempt under subsection (g) of | 26 | | Section 10-1 of Article 10 of the Liquor Control Act of |
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| 1 | | 1934. | 2 | | (i) To the extent this Section conflicts with a collective | 3 | | bargaining agreement in effect on the effective date of this | 4 | | amendatory Act of the 98th General Assembly, the conflicting | 5 | | provision of this Section shall not apply until that collective | 6 | | bargaining agreement expires or is renewed, renegotiated, or | 7 | | superseded. | 8 | | (55 ILCS 5/3-7018 new) | 9 | | Sec. 3-7018. Zero tolerance alcohol policy. | 10 | | (a) It is the intent of the General Assembly to maintain a | 11 | | safe environment for the citizens of this State and to ensure | 12 | | that Cook County deputy sheriffs are not impaired in a manner | 13 | | that endangers themselves or others. Therefore, it is declared | 14 | | to be the public policy of this State to provide a work | 15 | | environment free of the use of alcohol and unlawful drugs by | 16 | | on-duty Cook County deputy sheriffs. | 17 | | (b) The Cook County Sheriff shall adopt rules to implement | 18 | | this Section. | 19 | | (c) Any person employed by the Cook County Sheriff as a | 20 | | deputy sheriff must comply with the alcohol use and testing | 21 | | requirements of the Cook County Sheriff. | 22 | | (d) If a Cook County deputy sheriff's supervisor reasonably | 23 | | believes, based upon objective facts, that the Cook County | 24 | | deputy sheriff's ability to perform his or her duties safely | 25 | | and efficiently while on duty may be impaired by the |
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| 1 | | consumption of alcohol, the supervisor shall: | 2 | | (1) prevent the Cook County deputy sheriff from | 3 | | continuing work; | 4 | | (2) inform the Cook County deputy sheriff of the | 5 | | specific facts supporting his or her belief and prepare a | 6 | | written record of those facts; | 7 | | (3) inform the Cook County deputy sheriff that he or | 8 | | she will be tested for alcohol; | 9 | | (4) inform the Cook County deputy sheriff that he or | 10 | | she may refuse the test, but that refusal to submit to a | 11 | | test for alcohol, ordered in accordance with the procedures | 12 | | of the Cook County Sheriff's office, shall be construed as | 13 | | a positive result; and | 14 | | (5) transport or cause the Cook County deputy sheriff | 15 | | to be transported safely away from the Cook County | 16 | | Sheriff's office. | 17 | | (e) A test shall be construed as a positive result if the | 18 | | test shows a result of a blood alcohol content higher than | 19 | | 0.00%. | 20 | | (f) A person employed as a Cook County deputy sheriff who | 21 | | tests positive in a test for the purpose of determining the | 22 | | alcohol content of the person's blood while on duty according | 23 | | to the procedures of the Cook County Sheriff shall be referred | 24 | | to the Cook County Sheriff Merit Board for appropriate | 25 | | discipline, if any, where the totality of the circumstances | 26 | | shall be considered. |
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| 1 | | (g) Upon a finding that a Cook County deputy sheriff has | 2 | | violated this Section, the Board shall appropriately | 3 | | discipline the Cook County deputy sheriff. Any determination of | 4 | | appropriate discipline made according to this Section against a | 5 | | Cook County deputy sheriff by the Board shall be subject to an | 6 | | appeals process, if any, afforded by the collective bargaining | 7 | | agreement governing the employment of the Cook County deputy | 8 | | sheriff. | 9 | | (h) The provisions of this Section shall not apply to: | 10 | | (1) a Cook County deputy sheriff who has been assigned | 11 | | to consume alcohol while on-duty and under appropriate | 12 | | supervision for training purposes as approved by the Cook | 13 | | County Sheriff; | 14 | | (2) a Cook County deputy sheriff whose duty | 15 | | requirements run counter to the provisions of this Section; | 16 | | (3) a Cook County deputy sheriff who has been assigned | 17 | | by the Cook County Sheriff to work undercover, while his or | 18 | | her identity as a Cook County deputy sheriff must remain | 19 | | undisclosed for purposes of that assignment; and | 20 | | (4) a Cook County deputy sheriff exempt under | 21 | | subsection (g) of Section 10-1 of Article 10 of the Liquor | 22 | | Control Act of 1934. | 23 | | (i) To the extent this Section conflicts with a collective | 24 | | bargaining agreement in effect on the effective date of this | 25 | | amendatory Act of the 98th General Assembly, the conflicting | 26 | | provision of this Section shall not apply until that collective |
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| 1 | | bargaining agreement expires or is renewed, renegotiated, or | 2 | | superseded. | 3 | | (j) A home rule unit may not regulate the discipline of a | 4 | | Cook County deputy sheriff who tests positive during a test for | 5 | | the purpose of determining the alcohol content of the person's | 6 | | blood in a manner that is inconsistent with this Section. This | 7 | | Section is a limitation under subsection (i) of Section 6 of | 8 | | Article VII of the Illinois Constitution on the concurrent | 9 | | exercise by home rule units of power and functions exercised by | 10 | | the State. | 11 | | Section 30. The Illinois Municipal Code is amended by | 12 | | adding Section 10-3-13 as follows: | 13 | | (65 ILCS 5/10-3-13 new) | 14 | | Sec. 10-3-13. Zero tolerance alcohol policy. | 15 | | (a) It is the intent of the General Assembly to maintain a | 16 | | safe environment for the citizens of this State and to ensure | 17 | | that policemen are not impaired in a manner that endangers | 18 | | themselves or others. Therefore, it is declared to be the | 19 | | public policy of this State to provide a work environment free | 20 | | of the use of alcohol and unlawful drugs by on-duty policemen. | 21 | | (b) The chief of police shall adopt rules to implement this | 22 | | Section. | 23 | | (c) Any person employed by the police department of a | 24 | | municipality as a policeman must comply with the alcohol use |
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| 1 | | and testing requirements of the police department. | 2 | | (d) If a policeman's supervisor reasonably believes, based | 3 | | upon objective facts, that the policeman's ability to perform | 4 | | his or her duties safely and efficiently while on duty may be | 5 | | impaired by the consumption of alcohol, the supervisor shall: | 6 | | (1) prevent the policeman from continuing work; | 7 | | (2) inform the policeman of the specific facts | 8 | | supporting his or her belief and prepare a written record | 9 | | of those facts; | 10 | | (3) inform the policeman that he or she will be tested | 11 | | for alcohol; | 12 | | (4) inform the policeman that he or she may refuse the | 13 | | test, but that refusal to submit to a test for alcohol, | 14 | | ordered in accordance with the procedures of the police | 15 | | department, shall be construed as a positive result; and | 16 | | (5) transport or cause the policeman to be transported | 17 | | safely away from the police department. | 18 | | (e) A test shall be construed as a positive result if the | 19 | | test shows a result of a blood alcohol content higher than | 20 | | 0.00%. | 21 | | (f) A person employed as a policeman who tests positive in | 22 | | a test for the purpose of determining the alcohol content of | 23 | | the person's blood while on duty according to the procedures of | 24 | | the police department shall be referred to the chief of police | 25 | | or other appropriate board or official for appropriate | 26 | | discipline, if any, where the totality of the circumstances |
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| 1 | | shall be considered. | 2 | | (g) Upon a finding that a policeman has violated this | 3 | | Section, the chief of police or other appropriate board or | 4 | | official shall appropriately discipline the policeman. Any | 5 | | determination of appropriate discipline made according to this | 6 | | Section against a policeman by the chief of police or other | 7 | | appropriate board or official shall be subject to an appeals | 8 | | process, if any, afforded by the collective bargaining | 9 | | agreement governing the employment of the policeman. | 10 | | (h) The provisions of this Section shall not apply to: | 11 | | (1) a policeman who has been assigned to consume | 12 | | alcohol while on-duty and under appropriate supervision | 13 | | for training purposes as approved by the chief of police; | 14 | | (2) a policeman whose duty requirements run counter to | 15 | | the provisions of this Section; | 16 | | (3) a policeman who has been assigned by the chief of | 17 | | police to work undercover, while his or her identity as a | 18 | | policeman must remain undisclosed for purposes of that | 19 | | assignment; and | 20 | | (4) a policeman exempt under subsection (g) of Section | 21 | | 10-1 of Article 10 of the Liquor Control Act of 1934. | 22 | | (i) To the extent this Section conflicts with a collective | 23 | | bargaining agreement in effect on the effective date of this | 24 | | amendatory Act of the 98th General Assembly, the conflicting | 25 | | provision of this Section shall not apply until that collective | 26 | | bargaining agreement expires or is renewed, renegotiated, or |
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| 1 | | superseded. | 2 | | (j) A home rule unit may not regulate the discipline of a | 3 | | policeman who tests positive during a test for the purpose of | 4 | | determining the alcohol content of the person's blood in a | 5 | | manner that is inconsistent with this Section. This Section is | 6 | | a limitation under subsection (i) of Section 6 of Article VII | 7 | | of the Illinois Constitution on the concurrent exercise by home | 8 | | rule units of power and functions exercised by the State. | 9 | | Section 35. The Illinois Vehicle Code is amended by adding | 10 | | Section 2-116.5 as follows: | 11 | | (625 ILCS 5/2-116.5 new) | 12 | | Sec. 2-116.5. Zero tolerance alcohol policy. | 13 | | (a) Purpose. It is the intent of the General Assembly to | 14 | | maintain a safe environment for the citizens of this State and | 15 | | to ensure that Secretary of State Department of Police officers | 16 | | are not impaired in a manner that endangers themselves or | 17 | | others. Therefore, it is declared to be the public policy of | 18 | | this State to provide a work environment free of the use of | 19 | | alcohol and unlawful drugs by on-duty Secretary of State | 20 | | Department of Police officers. | 21 | | (b) The Secretary shall adopt rules to implement this | 22 | | Section. | 23 | | (c) Any person employed as a Secretary of State Department | 24 | | of Police officer must comply with the alcohol use and testing |
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| 1 | | requirements of the Secretary of State Department of Police. | 2 | | (d) If a Secretary of State Department of Police officer's | 3 | | supervisor reasonably believes, based upon objective facts, | 4 | | that an officer's ability to perform his or her duties safely | 5 | | and efficiently while on duty may be impaired by the | 6 | | consumption of alcohol, the supervisor shall: | 7 | | (1) prevent the officer from continuing work; | 8 | | (2) inform the officer of the specific facts supporting | 9 | | his or her belief and prepare a written record of those | 10 | | facts; | 11 | | (3) inform the officer that he or she will be tested | 12 | | for alcohol; | 13 | | (4) inform the officer that he or she may refuse the | 14 | | test, but that refusal to submit to a test for alcohol, | 15 | | ordered in accordance with Departmental procedures, shall | 16 | | be construed as a positive result; and | 17 | | (5) transport or cause the officer to be transported | 18 | | safely away from the Department. | 19 | | (e) A test shall be construed as a positive result if the | 20 | | test shows a result of a blood alcohol content higher than | 21 | | 0.00%. | 22 | | (f) A person employed as a Secretary of State Department of | 23 | | Police officer who tests positive in a test for the purpose of | 24 | | determining the alcohol content of the person's blood while on | 25 | | duty according to the procedures of the Secretary of State | 26 | | Department of Police shall be referred to the Director of |
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| 1 | | Personnel as required by rule for appropriate discipline, if | 2 | | any, where the totality of the circumstances shall be | 3 | | considered. | 4 | | (g) Upon a finding that an officer has violated this | 5 | | Section, the Director of Personnel shall appropriately | 6 | | discipline the officer. Any determination of appropriate | 7 | | discipline made according to this Section against an officer | 8 | | shall be subject to an appeals process, if any, afforded by the | 9 | | collective bargaining agreement governing the employment of | 10 | | the officer. | 11 | | (h) The provisions of this Section shall not apply to: | 12 | | (1) an officer who has been assigned to consume alcohol | 13 | | while on-duty and under appropriate supervision by a | 14 | | superior officer for training purposes as approved by the | 15 | | Director; | 16 | | (2) an officer whose duty requirements run counter to | 17 | | the provision of this Section; | 18 | | (3) an officer who has been assigned by the Director to | 19 | | work undercover, while his or her identity as a police | 20 | | officer must remain undisclosed for purposes of that | 21 | | assignment; and | 22 | | (4) an officer exempt under subsection (g) of Section | 23 | | 10-1 of Article 10 of the Liquor Control Act of 1934. | 24 | | (i) To the extent this Section conflicts with a collective | 25 | | bargaining agreement in effect on the effective date of this | 26 | | amendatory Act of the 98th General Assembly, the conflicting |
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| 1 | | provision of this Section shall not apply until that collective | 2 | | bargaining agreement expires or is renewed, renegotiated, or | 3 | | superseded.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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