Full Text of HB3035 98th General Assembly
HB3035sam004 98TH GENERAL ASSEMBLY | Sen. Mike Jacobs Filed: 5/17/2013
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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 impairment alcohol policy. | 13 | | (a) The Department of State Police shall have an alcohol | 14 | | impairment policy for on-duty State Police officers in place. | 15 | | The preferable standard for an alcohol impairment policy for | 16 | | on-duty State Police officer is 0.00% blood alcohol content. | 17 | | (b) Nothing in this Section shall preclude the Department | 18 | | of State Police from entering into collective bargaining | 19 | | agreements with additional terms that govern alcohol testing of | 20 | | on-duty State Police officers; however, in no case shall the | 21 | | Department of State Police adopt an alcohol impairment policy | 22 | | for on-duty State Police officers permitting greater than | 23 | | 0.021% blood alcohol content. | 24 | | (c) An "on-duty State Police officer" is defined as a State |
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| 1 | | Police officer reporting for normally scheduled duty. | 2 | | (d) 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 | | Section 15. The Illinois Emergency Management Agency Act is | 9 | | amended by changing Sections 5, 8, and 9 as follows:
| 10 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
| 11 | | Sec. 5. Illinois Emergency Management Agency.
| 12 | | (a) There is created within the executive branch of the | 13 | | State Government an
Illinois Emergency Management Agency and a | 14 | | Director of the Illinois Emergency
Management Agency, herein | 15 | | called the "Director" who shall be the head thereof.
The | 16 | | Director shall be appointed by the Governor, with the advice | 17 | | and consent of
the Senate, and shall serve for a term of 2 | 18 | | years beginning on the third Monday
in January of the | 19 | | odd-numbered year, and until a successor is appointed and
has | 20 | | qualified; except that the term of the first Director appointed | 21 | | under this
Act shall expire on the third Monday in January, | 22 | | 1989. The Director shall not
hold any other remunerative public | 23 | | office. The Director shall receive an annual
salary as set by | 24 | | the
Compensation Review Board.
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| 1 | | (b) The Illinois Emergency Management Agency shall obtain, | 2 | | under the
provisions of the Personnel Code, technical, | 3 | | clerical, stenographic and other
administrative personnel, and | 4 | | may make expenditures within the appropriation
therefor as may | 5 | | be necessary to carry out the purpose of this Act. The agency
| 6 | | created by this Act is intended to be a successor to the agency | 7 | | created under
the Illinois Emergency Services and Disaster | 8 | | Agency Act of 1975 and the
personnel, equipment, records, and | 9 | | appropriations of that agency are
transferred to the successor | 10 | | agency as of the effective date of this Act.
| 11 | | (c) The Director, subject to the direction and control of | 12 | | the Governor,
shall be the executive head of the Illinois | 13 | | Emergency Management Agency and
the State Emergency Response | 14 | | Commission and shall be responsible under the
direction of the | 15 | | Governor, for carrying out the program for emergency
management | 16 | | of this State. The Director shall also maintain liaison
and | 17 | | cooperate with
the emergency management organizations of this | 18 | | State and other states and of
the federal government.
| 19 | | (d) The Illinois Emergency Management Agency shall take an | 20 | | integral part in
the development and revision of political | 21 | | subdivision emergency operations
plans prepared under | 22 | | paragraph (f) of Section 10. To this end it shall employ
or | 23 | | otherwise secure the services of professional and technical | 24 | | personnel
capable of providing expert assistance to the | 25 | | emergency services and disaster
agencies. These personnel | 26 | | shall consult with emergency services and disaster
agencies on |
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| 1 | | a regular basis and shall make field examinations of the areas,
| 2 | | circumstances, and conditions that particular political | 3 | | subdivision emergency
operations plans are intended to apply.
| 4 | | (e) The Illinois Emergency Management Agency and political | 5 | | subdivisions
shall be encouraged to form an emergency | 6 | | management advisory committee composed
of private and public | 7 | | personnel representing the emergency management phases of
| 8 | | mitigation, preparedness, response, and recovery.
The Local | 9 | | Emergency Planning Committee, as created under the Illinois
| 10 | | Emergency
Planning and Community Right to Know Act, shall serve | 11 | | as
an advisory
committee to the emergency services and disaster | 12 | | agency or agencies serving
within the boundaries
of that Local | 13 | | Emergency Planning Committee planning district for:
| 14 | | (1) the development of emergency operations plan | 15 | | provisions for hazardous
chemical
emergencies; and
| 16 | | (2) the assessment of emergency response capabilities | 17 | | related to hazardous
chemical
emergencies.
| 18 | | (f) The Illinois Emergency Management Agency shall:
| 19 | | (1) Coordinate the overall emergency management | 20 | | program of the State.
| 21 | | (2) Cooperate with local governments, the federal | 22 | | government and any
public or private agency or entity in | 23 | | achieving any purpose of this Act and
in implementing | 24 | | emergency management programs for mitigation, | 25 | | preparedness,
response, and recovery.
| 26 | | (2.5) Develop a comprehensive emergency preparedness |
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| 1 | | and response plan for any nuclear
accident in accordance | 2 | | with Section 65 of the Department of Nuclear Safety
Law of | 3 | | 2004 (20 ILCS 3310) and in development of the
Illinois
| 4 | | Nuclear Safety Preparedness program in accordance with | 5 | | Section 8 of the
Illinois Nuclear Safety Preparedness Act.
| 6 | | (2.6) Coordinate with the Department of Public Health
| 7 | | with respect to planning for and responding to public | 8 | | health emergencies.
| 9 | | (3) Prepare, for issuance by the Governor, executive | 10 | | orders,
proclamations, and regulations as necessary or | 11 | | appropriate in coping with
disasters.
| 12 | | (4) Promulgate rules and requirements for political | 13 | | subdivision
emergency operations plans that are not | 14 | | inconsistent with and are at least
as stringent as | 15 | | applicable federal laws and regulations.
| 16 | | (5) Review and approve, in accordance with Illinois | 17 | | Emergency Management
Agency rules, emergency operations
| 18 | | plans for those political subdivisions required to have an | 19 | | emergency services
and disaster agency pursuant to this | 20 | | Act.
| 21 | | (5.5) Promulgate rules and requirements for the | 22 | | political subdivision
emergency management
exercises, | 23 | | including, but not limited to, exercises of the emergency | 24 | | operations
plans.
| 25 | | (5.10) Review, evaluate, and approve, in accordance | 26 | | with Illinois
Emergency
Management
Agency rules, political |
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| 1 | | subdivision emergency management exercises for those
| 2 | | political subdivisions
required to have an emergency | 3 | | services and disaster agency pursuant to this
Act.
| 4 | | (6) Determine requirements of the State and its | 5 | | political
subdivisions
for food, clothing, and other | 6 | | necessities in event of a disaster.
| 7 | | (7) Establish a register of persons with types of | 8 | | emergency
management
training and skills in mitigation, | 9 | | preparedness, response, and recovery.
| 10 | | (8) Establish a register of government and private | 11 | | response
resources
available for use in a disaster.
| 12 | | (9) Expand the Earthquake Awareness Program and its | 13 | | efforts to
distribute earthquake preparedness materials to | 14 | | schools, political
subdivisions, community groups, civic | 15 | | organizations, and the media.
Emphasis will be placed on | 16 | | those areas of the State most at risk from an
earthquake. | 17 | | Maintain the list of all school districts, hospitals,
| 18 | | airports, power plants, including nuclear power plants, | 19 | | lakes, dams,
emergency response facilities of all types, | 20 | | and all other major public or
private structures which are | 21 | | at the greatest risk of damage from
earthquakes under | 22 | | circumstances where the damage would cause subsequent
harm | 23 | | to the surrounding communities and residents.
| 24 | | (10) Disseminate all information, completely and | 25 | | without
delay, on water
levels for rivers and streams and | 26 | | any other data pertaining to potential
flooding supplied by |
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| 1 | | the Division of Water Resources within the Department of
| 2 | | Natural Resources to all political subdivisions to the | 3 | | maximum extent possible.
| 4 | | (11) Develop agreements, if feasible, with medical | 5 | | supply and
equipment
firms to
supply resources as are | 6 | | necessary to respond to an earthquake or any other
disaster | 7 | | as defined in this Act. These resources will be made | 8 | | available
upon notifying the vendor of the disaster. | 9 | | Payment for the resources will
be in accordance with | 10 | | Section 7 of this Act. The Illinois Department of
Public | 11 | | Health shall determine which resources will be required and | 12 | | requested.
| 13 | | (11.5) In coordination with the Department of State | 14 | | Police, develop and
implement a community outreach program | 15 | | to promote awareness among the State's
parents and children | 16 | | of child abduction prevention and response.
| 17 | | (12) Out of funds appropriated for these purposes, | 18 | | award capital and
non-capital grants to Illinois hospitals | 19 | | or health care facilities located
outside of a city with a | 20 | | population in excess of 1,000,000 to be used for
purposes | 21 | | that include, but are not limited to, preparing to respond | 22 | | to mass
casualties and disasters, maintaining and | 23 | | improving patient safety and
quality of care, and | 24 | | protecting the confidentiality of patient information.
No | 25 | | single grant for a capital expenditure shall exceed | 26 | | $300,000.
No single grant for a non-capital expenditure |
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| 1 | | shall exceed $100,000.
In awarding such grants, preference | 2 | | shall be given to hospitals that serve
a significant number | 3 | | of Medicaid recipients, but do not qualify for
| 4 | | disproportionate share hospital adjustment payments under | 5 | | the Illinois Public
Aid Code. To receive such a grant, a | 6 | | hospital or health care facility must
provide funding of at | 7 | | least 50% of the cost of the project for which the grant
is | 8 | | being requested.
In awarding such grants the Illinois | 9 | | Emergency Management Agency shall consider
the | 10 | | recommendations of the Illinois Hospital Association.
| 11 | | (13) Do all other things necessary, incidental or | 12 | | appropriate
for the implementation of this Act.
| 13 | | (g) The Illinois Emergency Management Agency is authorized | 14 | | to make grants to various higher education institutions for | 15 | | safety and security improvements. For the purpose of this | 16 | | subsection (g), "higher education institution" means a public | 17 | | university, a public community college, or an independent, | 18 | | not-for-profit or for-profit higher education institution | 19 | | located in this State. Grants made under this subsection (g) | 20 | | shall be paid out of moneys appropriated for that purpose from | 21 | | the Build Illinois Bond Fund. The Illinois Emergency Management | 22 | | Agency shall adopt rules to implement this subsection (g). | 23 | | These rules may specify: (i) the manner of applying for grants; | 24 | | (ii) project eligibility requirements; (iii) restrictions on | 25 | | the use of grant moneys; (iv) the manner in which the various | 26 | | higher education institutions must account for the use of grant |
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| 1 | | moneys; and (v) any other provision that the Illinois Emergency | 2 | | Management Agency determines to be necessary or useful for the | 3 | | administration of this subsection (g). | 4 | | (h) Except as provided in Section 17.5 of this Act, any | 5 | | moneys received by the Agency from donations or sponsorships | 6 | | shall be deposited in the Emergency Planning and Training Fund | 7 | | and used by the Agency, subject to appropriation, to effectuate | 8 | | planning and training activities. | 9 | | (Source: P.A. 96-800, eff. 10-30-09; 96-820, eff. 11-18-09; | 10 | | 96-1000, eff. 7-2-10.)
| 11 | | (20 ILCS 3305/8) (from Ch. 127, par. 1058)
| 12 | | Sec. 8. Mobile Support Teams.
| 13 | | (a) The Governor or Director may cause to
be created Mobile | 14 | | Support Teams to aid and to reinforce the Illinois Emergency
| 15 | | Management Agency, and emergency services and disaster
| 16 | | agencies in areas stricken by
disaster.
Each mobile
support | 17 | | team shall have a leader, selected by the Director who will be
| 18 | | responsible, under the direction and control of the Director, | 19 | | for the organization,
administration, and training, and | 20 | | operation of the mobile support team.
| 21 | | (b) Personnel of a mobile support team while on duty | 22 | | pursuant to
such a
call or while engaged in regularly scheduled | 23 | | training or exercises, whether
within or without the State, | 24 | | shall either:
| 25 | | (1) If they are paid employees of the State, have the |
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| 1 | | powers, duties,
rights, privileges and immunities and | 2 | | receive the compensation incidental
to their employment.
| 3 | | (2) If they are paid employees of a political | 4 | | subdivision or body
politic of this State, and whether | 5 | | serving within or without that political
subdivision or | 6 | | body politic, have the powers, duties, rights, privileges
| 7 | | and immunities, and receive the compensation incidental to | 8 | | their
employment.
| 9 | | (3) If they are not employees of the State, political | 10 | | subdivision or
body politic, or being such employees, are | 11 | | not normally paid for their
services, be entitled to at | 12 | | least one dollar per year compensation from the
State.
| 13 | | Personnel of a mobile support team who suffer disease, | 14 | | injury or
death arising out of or in the course of emergency | 15 | | duty, shall
for the purposes
of benefits under the Workers' | 16 | | Compensation Act or Workers' Occupational
Diseases Act only, be | 17 | | deemed to be employees of this State.
If the person diseased, | 18 | | injured or killed is an employee described in
item (3) above, | 19 | | the computation of benefits payable under
either of those Acts | 20 | | shall be based on income commensurate with comparable
State | 21 | | employees doing the same type of work or income from the | 22 | | person's
regular employment, whichever is greater.
| 23 | | All personnel of mobile support teams shall, while on duty | 24 | | under
such call, be reimbursed by this State for all actual and | 25 | | necessary travel
and subsistence expenses.
| 26 | | (c) The State shall reimburse each political subdivision
or |
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| 1 | | body politic from the Disaster Response and Recovery Relief | 2 | | Fund for the compensation paid and
the actual and necessary
| 3 | | travel, subsistence and maintenance expenses of paid employees | 4 | | of the
political subdivision or body politic while serving,
| 5 | | outside of its geographical boundaries pursuant to such a call, | 6 | | as members of
a mobile support team, and for all payments made | 7 | | for death, disease or injury
of those paid employees arising | 8 | | out of and incurred in the course of that
duty, and for all | 9 | | losses of or damage to supplies and equipment of the political
| 10 | | subdivision or body politic resulting from the
operations.
| 11 | | (d) Whenever mobile support teams or units of another | 12 | | state, while
the Governor has the emergency powers provided for | 13 | | under Section 7 of this
Act, render aid to this State under the | 14 | | orders of the Governor of
its home state and upon the request | 15 | | of the Governor of this State, all
questions relating to | 16 | | reimbursement by this State to the other state and its
citizens | 17 | | in regard to the assistance so rendered shall be determined by | 18 | | the
mutual aid agreements or interstate compacts described in | 19 | | subparagraph (5)
of paragraph (c) of
Section 6 as are existing | 20 | | at the time of the assistance rendered or are
entered into | 21 | | thereafter
and under Section 303 (d) of the Federal Civil | 22 | | Defense
Act of 1950.
| 23 | | (e) No personnel of mobile support teams of this State may | 24 | | be
ordered by the Governor to operate in any other state unless | 25 | | a request for
the same has been made by the Governor or duly | 26 | | authorized representative
of the other state.
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| 1 | | (Source: P.A. 92-73, eff. 1-1-02.)
| 2 | | (20 ILCS 3305/9) (from Ch. 127, par. 1059)
| 3 | | Sec. 9. Financing.
| 4 | | (a) It is the intent of the Legislature
and declared to be | 5 | | the policy of the State that funds to meet disasters
shall | 6 | | always be available.
| 7 | | (b) It is the legislative intent that the first recourse | 8 | | shall be to funds
regularly appropriated to State and political | 9 | | subdivision departments and
agencies. If the Governor finds | 10 | | that
the demands placed upon these funds in coping with a | 11 | | particular disaster are
unreasonably great, the Governor may | 12 | | make funds available from the
Disaster Response and Recovery | 13 | | Relief Fund.
If
monies available from the Fund are | 14 | | insufficient, and if the Governor finds
that other sources of | 15 | | money to cope with the disaster are not available or are
| 16 | | insufficient, the Governor
shall request the
General Assembly | 17 | | to enact legislation as it may deem necessary to transfer
and | 18 | | expend monies appropriated for other purposes or
borrow, for a | 19 | | term not to exceed 2 years from the United
States government or | 20 | | other public or private source. If
the General Assembly is
not | 21 | | sitting in regular session to enact
such legislation for the | 22 | | transfer, expenditure or loan of
such monies, and the President | 23 | | of the Senate and the Speaker of the House
certify that the | 24 | | Senate and House are not in session, the Governor is
authorized | 25 | | to carry out those
decisions, by depositing transfers or loan |
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| 1 | | proceeds into and making
expenditures from the Disaster | 2 | | Response and Recovery Relief Fund, until such time as a quorum | 3 | | of
the General Assembly can convene
in a regular or | 4 | | extraordinary session.
The General Assembly shall, to the | 5 | | extent moneys become available, restore
moneys used from other | 6 | | sources under this Section.
| 7 | | (c) Nothing contained in this Section shall be construed to
| 8 | | limit the Governor's authority to apply for, administer and | 9 | | expend grants,
gifts or payments in aid of disaster mitigation, | 10 | | preparedness, response or
recovery.
| 11 | | (Source: P.A. 92-73, eff. 1-1-02; 93-249, eff. 7-22-03.)
| 12 | | Section 20. The Emergency Management Assistance Compact | 13 | | Act is amended by adding Section 10 as follows: | 14 | | (45 ILCS 151/10 new) | 15 | | Sec. 10. Reimbursements and expenses. The Illinois | 16 | | Emergency Management Agency as the authorized representative | 17 | | of the State may use the Disaster Response and Recovery Fund to | 18 | | deposit any reimbursements received from a party state and to | 19 | | pay any expenses incurred relating to this Act. | 20 | | Section 25. The Counties Code is amended by adding Sections | 21 | | 3-7018 and 3-6040 as follows: | 22 | | (55 ILCS 5/3-6040 new) |
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| 1 | | Sec. 3-6040. Zero impairment alcohol policy. | 2 | | (a) Every sheriff's office shall have an alcohol impairment | 3 | | policy for on-duty deputy sheriffs in place.
The preferable | 4 | | standard for an alcohol impairment policy for on-duty deputy | 5 | | sheriffs is 0.00% blood alcohol content. | 6 | | (b) Nothing in this Section shall preclude the sheriff from | 7 | | entering into collective bargaining agreements with additional | 8 | | terms that govern alcohol testing of on-duty deputy sheriffs; | 9 | | however, in no case shall the sheriff adopt an alcohol | 10 | | impairment policy for on-duty deputy sheriffs permitting | 11 | | greater than 0.021% blood alcohol content. | 12 | | (c) An "on-duty deputy sheriff" is defined as a deputy | 13 | | sheriff reporting for normally scheduled duty. | 14 | | (d) To the extent this Section conflicts with a collective | 15 | | bargaining agreement in effect on the effective date of this | 16 | | amendatory Act of the 98th General Assembly, the conflicting | 17 | | provision of this Section shall not apply until that collective | 18 | | bargaining agreement expires, or is renewed, renegotiated, or | 19 | | superseded. | 20 | | (55 ILCS 5/3-7018 new) | 21 | | Sec. 3-7018. Zero impairment alcohol policy. | 22 | | (a) The Cook County Sheriff's office shall have an alcohol | 23 | | impairment policy for on-duty Cook County deputy sheriffs in | 24 | | place.
The preferable standard for an alcohol impairment policy | 25 | | for on-duty Cook County deputy sheriffs is 0.00% blood alcohol |
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| 1 | | content. | 2 | | (b) Nothing in this Section shall preclude the Cook County | 3 | | Sheriff from entering into collective bargaining agreements | 4 | | with additional terms that govern alcohol testing of on-duty | 5 | | Cook County deputy sheriffs; however, in no case shall the Cook | 6 | | County Sheriff adopt an alcohol impairment policy for on-duty | 7 | | Cook County deputy sheriffs permitting greater than 0.021% | 8 | | blood alcohol content. | 9 | | (c) An "on-duty Cook County deputy sheriff" shall be | 10 | | defined as a Cook County deputy sheriff reporting for normally | 11 | | scheduled duty. | 12 | | (d) 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 | | (e) A home rule unit may not regulate alcohol impairment | 19 | | policies for on-duty Cook County deputy sheriffs in a manner | 20 | | that is inconsistent with this Section. This Section is a | 21 | | limitation under subsection (i) of Section 6 of Article VII of | 22 | | the Illinois Constitution on the concurrent exercise by home | 23 | | rule units of power and functions exercised by the State. | 24 | | Section 30. The Illinois Municipal Code is amended by | 25 | | adding Section 10-3-13 as follows: |
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| 1 | | (65 ILCS 5/10-3-13 new) | 2 | | Sec. 10-3-13. Zero impairment alcohol policy. | 3 | | (a) Every municipal police department shall have an alcohol | 4 | | impairment policy for on-duty policemen in place.
The | 5 | | preferable standard for an alcohol impairment policy for | 6 | | on-duty policemen is 0.00% blood alcohol content. | 7 | | (b) Nothing in this Section shall preclude the chief of | 8 | | police from entering into collective bargaining agreements | 9 | | with additional terms that govern alcohol testing of on-duty | 10 | | policemen; however, in no case shall the chief of police adopt | 11 | | an alcohol impairment policy for on-duty policemen permitting | 12 | | greater than 0.021% blood alcohol content. | 13 | | (c) An "on-duty policeman" shall be defined as a policeman | 14 | | reporting for normally scheduled duty. | 15 | | (d) To the extent this Section conflicts with a collective | 16 | | bargaining agreement in effect on the effective date of this | 17 | | amendatory Act of the 98th General Assembly, the conflicting | 18 | | provision of this Section shall not apply until that collective | 19 | | bargaining agreement expires, or is renewed, renegotiated, or | 20 | | superseded. | 21 | | (e) A home rule unit may not regulate alcohol impairment | 22 | | policies for on-duty policemen in a manner that is inconsistent | 23 | | with this Section. This Section is a limitation under | 24 | | subsection (i) of Section 6 of Article VII of the Illinois | 25 | | Constitution on the concurrent exercise by home rule units of |
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| 1 | | power and functions exercised by the State. | 2 | | Section 35. The Illinois Emergency Planning and Community | 3 | | Right to Know Act is amended by changing Section 18 as follows:
| 4 | | (430 ILCS 100/18) (from Ch. 111 1/2, par. 7718)
| 5 | | Sec. 18. Penalties.
| 6 | | (a) Any person who violates any requirement of
Section 9, | 7 | | 10, 11, 12, or 14 of this Act shall be liable for a civil
| 8 | | penalty in an amount not to exceed $25,000 for each violation. | 9 | | In the case
of a second or subsequent violation of Section 10, | 10 | | the civil penalty shall
not exceed $75,000 for each day during | 11 | | which the violation continues.
| 12 | | (b) Any person who knowingly fails to provide immediate | 13 | | notification of
a release in violation of Section 10 of this | 14 | | Act, shall be guilty of a
Class 4 felony, and in addition to | 15 | | any other penalty prescribed by law is
subject to a fine not to | 16 | | exceed $25,000 for each day of the violation. In
the case of a | 17 | | second or subsequent conviction, the person shall be guilty
of | 18 | | a Class 3 felony, and in addition to any other penalty | 19 | | prescribed by law
is subject to a fine not to exceed $50,000 | 20 | | for each day of the violation.
| 21 | | (c) All civil penalties and fines collected under this | 22 | | Section
shall be deposited in the Emergency Planning and | 23 | | Training Fund, which that is
hereby created as a special fund | 24 | | in the State Treasury, and may shall be used
by IEMA, pursuant |
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| 1 | | to appropriation, for its activities arising under this
Act and | 2 | | the Federal Act, including providing financial support for | 3 | | local
emergency planning committees and for training | 4 | | initiatives authorized by
IEMA.
| 5 | | (Source: P.A. 86-449; 87-168.)
| 6 | | Section 40. The Illinois Vehicle Code is amended by adding | 7 | | Section 2-116.5 as follows: | 8 | | (625 ILCS 5/2-116.5 new) | 9 | | Sec. 2-116.5. Zero impairment alcohol policy. | 10 | | (a) The Secretary shall have an alcohol impairment policy | 11 | | for on-duty State Department of Police officers in place.
The | 12 | | preferable standard for an alcohol impairment policy for | 13 | | on-duty State Department of Police officers is 0.00% blood | 14 | | alcohol content. | 15 | | (b) Nothing in this Section shall preclude the Secretary | 16 | | from entering into collective bargaining agreements with | 17 | | additional terms that govern alcohol testing of on-duty State | 18 | | Department of Police officers; however, in no case shall the | 19 | | Secretary adopt an alcohol impairment policy for on-duty State | 20 | | Department of Police officers permitting greater than 0.021% | 21 | | blood alcohol content. | 22 | | (c) An "on-duty State Department of Police officer" shall | 23 | | be defined as a State Department of Police officer reporting | 24 | | for normally scheduled duty. |
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| 1 | | (d) To the extent this Section conflicts with a collective | 2 | | bargaining agreement in effect on the effective date of this | 3 | | amendatory Act of the 98th General Assembly, the conflicting | 4 | | provision of this Section shall not apply until that collective | 5 | | bargaining agreement expires, or is renewed, renegotiated, or | 6 | | superseded. | 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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