Bill Text: IL SB3136 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Enrolled.html

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SB3136 Enrolled LRB100 20721 RLC 36194 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Police Act is amended by changing
Section 12.5 as follows:
(20 ILCS 2610/12.5)
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
substance prohibited by the Cannabis Control Act may be
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.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-7-2.5 as follows:
(730 ILCS 5/3-7-2.5)
Sec. 3-7-2.5. Zero tolerance drug policy.
(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
substance prohibited by the Cannabis Control Act may be
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.
Testing of employees shall be conducted in accordance with
established Departmental drug testing procedures. Changes to
established drug testing procedures that are inconsistent with

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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.
(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
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.
(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.
(b) Any employee discharged in accordance with the
provisions of subsection (a) shall not be eligible for rehire
by the Department.
(Source: P.A. 98-757, eff. 7-16-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.