SB3136 100TH GENERAL ASSEMBLY

LRB100 20721 RLC 36194 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3136

Introduced 2/15/2018, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

20 ILCS 2610/12.5
730 ILCS 5/3-7-2.5

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.

A BILL FOR

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 may shall be discharged from employment. Refusal to submit to a drug test, ordered in accordance with Departmental procedures, by any person employed by the Department may 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.

(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 may shall be discharged from employment. Refusal to submit to a drug test, ordered in accordance with Departmental procedures, by any person employed by the Department may 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 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 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.