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Public Act 100-1130
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| SB3136 Enrolled | LRB100 20721 RLC 36194 b |
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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 |
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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.
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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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