Bill Text: IL SB3136 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Amends the State Police Act and the Unified Code of Corrections. Provides that any person employed by the Department of State Police or the Department of Corrections who tests positive in accordance with established Departmental drug testing procedures for any substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act may (rather than shall) be discharged from employment. Provides that refusal to submit to a drug test, ordered in accordance with Departmental procedures, by any person employed by the respective Department may (rather than shall) be construed as a positive test, and the person shall be discharged from employment. Provides the changes made to these provisions shall apply to all pending and future incidents. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2018-11-29 - Public Act . . . . . . . . . 100-1130 [SB3136 Detail]
Download: Illinois-2017-SB3136-Chaptered.html
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| Public Act 100-1130 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Police Act is amended by changing | ||||
Section 12.5 as follows:
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(20 ILCS 2610/12.5)
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Sec. 12.5. Zero tolerance drug policy. Any person employed | ||||
by the
Department
of State Police who tests positive in | ||||
accordance with established Departmental
drug
testing | ||||
procedures for any substance prohibited by the Cannabis Control | ||||
Act,
the
Illinois Controlled Substances Act, or the | ||||
Methamphetamine Control and Community Protection Act shall be | ||||
discharged from employment.
Any person employed by the | ||||
Department of State Police who tests positive
in
accordance | ||||
with established Departmental drug testing procedures for any
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substance
prohibited by the Cannabis Control Act may be
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discharged from employment. Refusal to
submit to a drug test, | ||||
ordered in accordance with Departmental procedures, by
any | ||||
person
employed by the Department shall be construed as a | ||||
positive test, and the
person shall be
discharged from | ||||
employment. The changes made in this Section by this amendatory | ||||
Act of the 100th General Assembly shall apply to all pending | ||||
and future incidents under this Section.
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(Source: P.A. 94-556, eff. 9-11-05.)
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Section 10. The Unified Code of Corrections is amended by | ||
changing Section 3-7-2.5 as follows:
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(730 ILCS 5/3-7-2.5)
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Sec. 3-7-2.5. Zero tolerance drug policy.
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(a) Any person employed by the Department of Corrections | ||
who tests positive
in
accordance with established Departmental | ||
drug testing procedures for any
substance
prohibited by the | ||
Cannabis Control Act, the Illinois Controlled Substances
Act, | ||
or the Methamphetamine Control and Community Protection Act | ||
shall be
discharged from employment. Any person employed by the | ||
Department of Corrections who tests positive
in
accordance with | ||
established Departmental drug testing procedures for any
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substance
prohibited by the Cannabis Control Act may be
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discharged from employment. Refusal to submit to a drug test, | ||
ordered in
accordance
with Departmental procedures, by any | ||
person employed by the Department shall be
construed as a | ||
positive test, and the person shall be discharged from
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employment. The changes made in this Section by this amendatory | ||
Act of the 100th General Assembly shall apply to all pending | ||
and future incidents under this Section.
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Testing of employees shall be conducted in accordance with | ||
established
Departmental drug testing procedures. Changes to | ||
established drug testing
procedures
that are inconsistent with | ||
the federal guidelines specified in the Mandatory
Guidelines | ||
for
Federal Workplace Drug Testing Program, 59 FR 29908, or | ||
that affect
terms and conditions of employment, shall be | ||
negotiated with an exclusive
bargaining
representative in | ||
accordance with the Illinois Public Labor Relations Act.
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(1) All samples used for the purpose of drug testing | ||
shall be collected by
persons who have at least 15 hours of | ||
initial training in the proper collection
procedures and at | ||
least 8 hours of annual follow-up training. Proof of this
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training shall be available upon request. In order to | ||
ensure that these
persons
possess the necessary knowledge, | ||
skills, and experience to carry out their
duties,
their | ||
training must include guidelines and procedures on | ||
maintaining the integrity of the collection process, | ||
ensuring the privacy of employees being tested, ensuring | ||
the security of the specimen, and avoiding conduct or | ||
statements that could be viewed as offensive or | ||
inappropriate. Proficiency in the proper collection | ||
process must be demonstrated prior to certification.
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(2) With respect to any bargaining unit employee, the | ||
Department shall
not initiate discipline of any employee | ||
who authorizes the testing of a split
urine
sample in | ||
accordance with established Departmental drug testing | ||
procedures
until
receipt by the Department of the test | ||
results from the split urine sample
evidencing a positive | ||
test for any substance prohibited by the Cannabis Control
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Act, the Illinois Controlled Substances Act, or the | ||
Methamphetamine Control and Community Protection Act.
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(b) Any employee discharged in accordance with the | ||
provisions of subsection
(a)
shall not be eligible for rehire | ||
by the Department.
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(Source: P.A. 98-757, eff. 7-16-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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