HB3035sam002 98TH GENERAL ASSEMBLY

Sen. Mike Jacobs

Filed: 5/8/2013

09800HB3035sam002 LRB098 08955 OMW 45273 a

AMENDMENT TO HOUSE BILL 3035

AMENDMENT NO. ______. Amend House Bill 3035 by replacing everything after the enacting clause with the following:

"Section 5. The Disaster Relief Act is amended by changing Section 3 as follows:

(15 ILCS 30/3) (from Ch. 127, par. 293.3)

Sec. 3. Whenever funds regularly appropriated to the State and local governmental bodies for disaster response and recovery are insufficient to provide services, and when the Governor has declared a disaster by proclamation in accordance with Section 7 of the Illinois Emergency Management Agency Act or any successor Act, the Governor may draw upon the Disaster Response and Recovery Relief Fund in order to provide services or to reimburse local governmental bodies furnishing services. The fund may be used for the payment of emergency employees, for the payment of the Illinois National Guard when called to active duty, for disaster-related expenses of State Agencies and Departments, and for the emergency purchase or renting of equipment and commodities. The fund shall be used for furnishing emergency services and relief to the disaster area as a whole and shall not be used to provide private relief to persons sustaining property damages or personal injury as a result of a disaster.

(Source: P.A. 87-168.)

Section 10. The State Police Act is amended by adding Section 12.6 as follows:

(20 ILCS 2610/12.6 new)

Sec. 12.6. Zero tolerance alcohol policy.

(a) It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that State Police officers are not impaired in a manner that endangers themselves or others. Therefore, it is declared to be the public policy of this State to provide a work environment free of the use of alcohol and unlawful drugs by on-duty State Police officers.

(b) The Department of State Police shall adopt rules to implement this Section.

(c) Any person employed by the Department of State Police as a State Police officer must comply with the alcohol use and testing requirements of the Department of State Police.

(d) If a State Police officer's supervisor reasonably believes, based upon objective facts, that an officer's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the officer from continuing work;

(2) inform the officer of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the officer that he or she will be tested for alcohol;

(4) inform the officer that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with Departmental procedures, shall be construed as a positive result; and

(5) transport or cause the officer to be transported safely away from the Department.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a State Police officer who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the State Police shall be referred to the Department of State Police Merit Board under this Act for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that an officer has violated this Section, the Board shall appropriately discipline the officer. Any determination of appropriate discipline made according to this Section against an officer by the Board shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the State Police officer.

(h) The provisions of this Section shall not apply to:

(1) an officer who has been assigned to consume alcohol while on-duty and under appropriate supervision by a superior officer for training purposes as approved by the Director;

(2) an officer whose duty requirements run counter to the provisions of this Section;

(3) an officer who has been assigned by the Director to work undercover, while his or her identity as a police officer must remain undisclosed for purposes of that assignment; and

(4) an officer exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires or is renewed, renegotiated, or superseded.

Section 15. The Illinois Emergency Management Agency Act is amended by changing Sections 8 and 9 as follows:

(20 ILCS 3305/8) (from Ch. 127, par. 1058)

Sec. 8. Mobile Support Teams.

(a) The Governor or Director may cause to be created Mobile Support Teams to aid and to reinforce the Illinois Emergency Management Agency, and emergency services and disaster agencies in areas stricken by disaster. Each mobile support team shall have a leader, selected by the Director who will be responsible, under the direction and control of the Director, for the organization, administration, and training, and operation of the mobile support team.

(b) Personnel of a mobile support team while on duty pursuant to such a call or while engaged in regularly scheduled training or exercises, whether within or without the State, shall either:

(1) If they are paid employees of the State, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment.

(2) If they are paid employees of a political subdivision or body politic of this State, and whether serving within or without that political subdivision or body politic, have the powers, duties, rights, privileges and immunities, and receive the compensation incidental to their employment.

(3) If they are not employees of the State, political subdivision or body politic, or being such employees, are not normally paid for their services, be entitled to at least one dollar per year compensation from the State.

Personnel of a mobile support team who suffer disease, injury or death arising out of or in the course of emergency duty, shall for the purposes of benefits under the Workers' Compensation Act or Workers' Occupational Diseases Act only, be deemed to be employees of this State. If the person diseased, injured or killed is an employee described in item (3) above, the computation of benefits payable under either of those Acts shall be based on income commensurate with comparable State employees doing the same type of work or income from the person's regular employment, whichever is greater.

All personnel of mobile support teams shall, while on duty under such call, be reimbursed by this State for all actual and necessary travel and subsistence expenses.

(c) The State shall reimburse each political subdivision or body politic from the Disaster Response and Recovery Relief Fund for the compensation paid and the actual and necessary travel, subsistence and maintenance expenses of paid employees of the political subdivision or body politic while serving, outside of its geographical boundaries pursuant to such a call, as members of a mobile support team, and for all payments made for death, disease or injury of those paid employees arising out of and incurred in the course of that duty, and for all losses of or damage to supplies and equipment of the political subdivision or body politic resulting from the operations.

(d) Whenever mobile support teams or units of another state, while the Governor has the emergency powers provided for under Section 7 of this Act, render aid to this State under the orders of the Governor of its home state and upon the request of the Governor of this State, all questions relating to reimbursement by this State to the other state and its citizens in regard to the assistance so rendered shall be determined by the mutual aid agreements or interstate compacts described in subparagraph (5) of paragraph (c) of Section 6 as are existing at the time of the assistance rendered or are entered into thereafter and under Section 303 (d) of the Federal Civil Defense Act of 1950.

(e) No personnel of mobile support teams of this State may be ordered by the Governor to operate in any other state unless a request for the same has been made by the Governor or duly authorized representative of the other state.

(Source: P.A. 92-73, eff. 1-1-02.)

(20 ILCS 3305/9) (from Ch. 127, par. 1059)

Sec. 9. Financing.

(a) It is the intent of the Legislature and declared to be the policy of the State that funds to meet disasters shall always be available.

(b) It is the legislative intent that the first recourse shall be to funds regularly appropriated to State and political subdivision departments and agencies. If the Governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, the Governor may make funds available from the Disaster Response and Recovery Relief Fund. If monies available from the Fund are insufficient, and if the Governor finds that other sources of money to cope with the disaster are not available or are insufficient, the Governor shall request the General Assembly to enact legislation as it may deem necessary to transfer and expend monies appropriated for other purposes or borrow, for a term not to exceed 2 years from the United States government or other public or private source. If the General Assembly is not sitting in regular session to enact such legislation for the transfer, expenditure or loan of such monies, and the President of the Senate and the Speaker of the House certify that the Senate and House are not in session, the Governor is authorized to carry out those decisions, by depositing transfers or loan proceeds into and making expenditures from the Disaster Response and Recovery Relief Fund, until such time as a quorum of the General Assembly can convene in a regular or extraordinary session. The General Assembly shall, to the extent moneys become available, restore moneys used from other sources under this Section.

(c) Nothing contained in this Section shall be construed to limit the Governor's authority to apply for, administer and expend grants, gifts or payments in aid of disaster mitigation, preparedness, response or recovery.

(Source: P.A. 92-73, eff. 1-1-02; 93-249, eff. 7-22-03.)

Section 20. The Emergency Management Assistance Compact Act is amended by adding Section 10 as follows:

(45 ILCS 151/10 new)

Sec. 10. Reimbursements and expenses. The Illinois Emergency Management Agency as the authorized representative of the State may use the Disaster Response and Recovery Fund to deposit any reimbursements received from a party state and to pay any expenses incurred relating to this Act.

Section 25. The Counties Code is amended by adding Sections 3-7018 and 3-6040 as follows:

(55 ILCS 5/3-6040 new)

Sec. 3-6040. Zero tolerance alcohol policy.

(a) It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that deputy sheriffs are not impaired in a manner that endangers themselves or others. Therefore, it is declared to be the public policy of this State to provide a work environment free of the use of alcohol and unlawful drugs by on-duty deputy sheriffs.

(b) The sheriff shall adopt rules to implement this Section.

(c) Any person employed by the sheriff as a deputy sheriff must comply with the alcohol use and testing requirements of the sheriff.

(d) If a deputy sheriff's supervisor reasonably believes, based upon objective facts, that the deputy sheriff's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the deputy sheriff from continuing work;

(2) inform the deputy sheriff of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the deputy sheriff that he or she will be tested for alcohol;

(4) inform the deputy sheriff that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with the procedures of the sheriff's office, shall be construed as a positive result; and

(5) transport or cause the deputy sheriff to be transported safely away from the sheriff's office.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a deputy sheriff who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the sheriff shall be referred to the sheriff for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that a deputy sheriff has violated this Section, the sheriff shall appropriately discipline the deputy sheriff. Any determination of appropriate discipline made according to this Section against a deputy sheriff by the sheriff shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the deputy sheriff.

(h) The provisions of this Section shall not apply to:

(1) a deputy sheriff who has been assigned to consume alcohol while on-duty and under appropriate supervision for training purposes as approved by the sheriff;

(2) a deputy sheriff whose duty requirements run counter to the provisions of this Section;

(3) a deputy sheriff who has been assigned by the sheriff to work undercover, while his or her identity as a deputy sheriff must remain undisclosed for purposes of that assignment; and

(4) a deputy sheriff exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires or is renewed, renegotiated, or superseded.

(55 ILCS 5/3-7018 new)

Sec. 3-7018. Zero tolerance alcohol policy.

(a) It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that Cook County deputy sheriffs are not impaired in a manner that endangers themselves or others. Therefore, it is declared to be the public policy of this State to provide a work environment free of the use of alcohol and unlawful drugs by on-duty Cook County deputy sheriffs.

(b) The Cook County Sheriff shall adopt rules to implement this Section.

(c) Any person employed by the Cook County Sheriff as a deputy sheriff must comply with the alcohol use and testing requirements of the Cook County Sheriff.

(d) If a Cook County deputy sheriff's supervisor reasonably believes, based upon objective facts, that the Cook County deputy sheriff's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the Cook County deputy sheriff from continuing work;

(2) inform the Cook County deputy sheriff of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the Cook County deputy sheriff that he or she will be tested for alcohol;

(4) inform the Cook County deputy sheriff that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with the procedures of the Cook County Sheriff's office, shall be construed as a positive result; and

(5) transport or cause the Cook County deputy sheriff to be transported safely away from the Cook County Sheriff's office.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a Cook County deputy sheriff who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the Cook County Sheriff shall be referred to the Cook County Sheriff Merit Board for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that a Cook County deputy sheriff has violated this Section, the Board shall appropriately discipline the Cook County deputy sheriff. Any determination of appropriate discipline made according to this Section against a Cook County deputy sheriff by the Board shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the Cook County deputy sheriff.

(h) The provisions of this Section shall not apply to:

(1) a Cook County deputy sheriff who has been assigned to consume alcohol while on-duty and under appropriate supervision for training purposes as approved by the Cook County Sheriff;

(2) a Cook County deputy sheriff whose duty requirements run counter to the provisions of this Section;

(3) a Cook County deputy sheriff who has been assigned by the Cook County Sheriff to work undercover, while his or her identity as a Cook County deputy sheriff must remain undisclosed for purposes of that assignment; and

(4) a Cook County deputy sheriff exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires or is renewed, renegotiated, or superseded.

(j) A home rule unit may not regulate the discipline of a Cook County deputy sheriff who tests positive during a test for the purpose of determining the alcohol content of the person's blood in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of power and functions exercised by the State.

Section 30. The Illinois Municipal Code is amended by adding Section 10-3-13 as follows:

(65 ILCS 5/10-3-13 new)

Sec. 10-3-13. Zero tolerance alcohol policy.

(a) It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that policemen are not impaired in a manner that endangers themselves or others. Therefore, it is declared to be the public policy of this State to provide a work environment free of the use of alcohol and unlawful drugs by on-duty policemen.

(b) The chief of police shall adopt rules to implement this Section.

(c) Any person employed by the police department of a municipality as a policeman must comply with the alcohol use and testing requirements of the police department.

(d) If a policeman's supervisor reasonably believes, based upon objective facts, that the policeman's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the policeman from continuing work;

(2) inform the policeman of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the policeman that he or she will be tested for alcohol;

(4) inform the policeman that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with the procedures of the police department, shall be construed as a positive result; and

(5) transport or cause the policeman to be transported safely away from the police department.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a policeman who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the police department shall be referred to the chief of police or other appropriate board or official for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that a policeman has violated this Section, the chief of police or other appropriate board or official shall appropriately discipline the policeman. Any determination of appropriate discipline made according to this Section against a policeman by the chief of police or other appropriate board or official shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the policeman.

(h) The provisions of this Section shall not apply to:

(1) a policeman who has been assigned to consume alcohol while on-duty and under appropriate supervision for training purposes as approved by the chief of police;

(2) a policeman whose duty requirements run counter to the provisions of this Section;

(3) a policeman who has been assigned by the chief of police to work undercover, while his or her identity as a policeman must remain undisclosed for purposes of that assignment; and

(4) a policeman exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires or is renewed, renegotiated, or superseded.

(j) A home rule unit may not regulate the discipline of a policeman who tests positive during a test for the purpose of determining the alcohol content of the person's blood in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of power and functions exercised by the State.

Section 35. The Illinois Vehicle Code is amended by adding Section 2-116.5 as follows:

(625 ILCS 5/2-116.5 new)

Sec. 2-116.5. Zero tolerance alcohol policy.

(a) Purpose. It is the intent of the General Assembly to maintain a safe environment for the citizens of this State and to ensure that Secretary of State Department of Police officers are not impaired in a manner that endangers themselves or others. Therefore, it is declared to be the public policy of this State to provide a work environment free of the use of alcohol and unlawful drugs by on-duty Secretary of State Department of Police officers.

(b) The Secretary shall adopt rules to implement this Section.

(c) Any person employed as a Secretary of State Department of Police officer must comply with the alcohol use and testing requirements of the Secretary of State Department of Police.

(d) If a Secretary of State Department of Police officer's supervisor reasonably believes, based upon objective facts, that an officer's ability to perform his or her duties safely and efficiently while on duty may be impaired by the consumption of alcohol, the supervisor shall:

(1) prevent the officer from continuing work;

(2) inform the officer of the specific facts supporting his or her belief and prepare a written record of those facts;

(3) inform the officer that he or she will be tested for alcohol;

(4) inform the officer that he or she may refuse the test, but that refusal to submit to a test for alcohol, ordered in accordance with Departmental procedures, shall be construed as a positive result; and

(5) transport or cause the officer to be transported safely away from the Department.

(e) A test shall be construed as a positive result if the test shows a result of a blood alcohol content higher than 0.00%.

(f) A person employed as a Secretary of State Department of Police officer who tests positive in a test for the purpose of determining the alcohol content of the person's blood while on duty according to the procedures of the Secretary of State Department of Police shall be referred to the Director of Personnel as required by rule for appropriate discipline, if any, where the totality of the circumstances shall be considered.

(g) Upon a finding that an officer has violated this Section, the Director of Personnel shall appropriately discipline the officer. Any determination of appropriate discipline made according to this Section against an officer shall be subject to an appeals process, if any, afforded by the collective bargaining agreement governing the employment of the officer.

(h) The provisions of this Section shall not apply to:

(1) an officer who has been assigned to consume alcohol while on-duty and under appropriate supervision by a superior officer for training purposes as approved by the Director;

(2) an officer whose duty requirements run counter to the provision of this Section;

(3) an officer who has been assigned by the Director to work undercover, while his or her identity as a police officer must remain undisclosed for purposes of that assignment; and

(4) an officer exempt under subsection (g) of Section 10-1 of Article 10 of the Liquor Control Act of 1934.

(i) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires or is renewed, renegotiated, or superseded.

Section 99. Effective date. This Act takes effect upon becoming law.".