Bill Text: IL HB0433 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Missing Persons Identification Act. Makes a technical change in a Section concerning the short title.
Spectrum: Bipartisan Bill
Status: (Failed) 2014-12-03 - Session Sine Die [HB0433 Detail]
Download: Illinois-2013-HB0433-Amended.html
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1 | AMENDMENT TO HOUSE BILL 433
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2 | AMENDMENT NO. ______. Amend House Bill 433 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Police Act is amended by adding | ||||||
5 | Section 7.3 as follows:
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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:
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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.
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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.
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10 | Section 15. The Illinois Municipal Code is amended by | ||||||
11 | adding Section 10-3-13 as follows:
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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.
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7 | Section 90. The State Mandates Act is amended by adding | ||||||
8 | Section 8.37 as follows:
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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.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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