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| | SB3136 Enrolled | | LRB100 20721 RLC 36194 b |
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| 1 | | AN ACT concerning State government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The State Police Act is amended by changing |
| 5 | | Section 12.5 as follows:
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| 6 | | (20 ILCS 2610/12.5)
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| 7 | | Sec. 12.5. Zero tolerance drug policy. Any person employed |
| 8 | | by the
Department
of State Police who tests positive in |
| 9 | | accordance with established Departmental
drug
testing |
| 10 | | procedures for any substance prohibited by the Cannabis Control |
| 11 | | Act,
the
Illinois Controlled Substances Act, or the |
| 12 | | Methamphetamine Control and Community Protection Act shall be |
| 13 | | discharged from employment.
Any person employed by the |
| 14 | | Department of State Police who tests positive
in
accordance |
| 15 | | with established Departmental drug testing procedures for any
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| 16 | | substance
prohibited by the Cannabis Control Act may be
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| 17 | | discharged from employment. Refusal to
submit to a drug test, |
| 18 | | ordered in accordance with Departmental procedures, by
any |
| 19 | | person
employed by the Department shall be construed as a |
| 20 | | positive test, and the
person shall be
discharged from |
| 21 | | employment. The changes made in this Section by this amendatory |
| 22 | | Act of the 100th General Assembly shall apply to all pending |
| 23 | | and future incidents under this Section.
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| | SB3136 Enrolled | - 2 - | LRB100 20721 RLC 36194 b |
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| 1 | | (Source: P.A. 94-556, eff. 9-11-05.)
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| 2 | | Section 10. The Unified Code of Corrections is amended by |
| 3 | | changing Section 3-7-2.5 as follows:
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| 4 | | (730 ILCS 5/3-7-2.5)
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| 5 | | Sec. 3-7-2.5. Zero tolerance drug policy.
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| 6 | | (a) Any person employed by the Department of Corrections |
| 7 | | who tests positive
in
accordance with established Departmental |
| 8 | | drug testing procedures for any
substance
prohibited by the |
| 9 | | Cannabis Control Act, the Illinois Controlled Substances
Act, |
| 10 | | or the Methamphetamine Control and Community Protection Act |
| 11 | | shall be
discharged from employment. Any person employed by the |
| 12 | | Department of Corrections who tests positive
in
accordance with |
| 13 | | established Departmental drug testing procedures for any
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| 14 | | substance
prohibited by the Cannabis Control Act may be
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| 15 | | discharged from employment. Refusal to submit to a drug test, |
| 16 | | ordered in
accordance
with Departmental procedures, by any |
| 17 | | person employed by the Department shall be
construed as a |
| 18 | | positive test, and the person shall be discharged from
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| 19 | | employment. The changes made in this Section by this amendatory |
| 20 | | Act of the 100th General Assembly shall apply to all pending |
| 21 | | and future incidents under this Section.
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| 22 | | Testing of employees shall be conducted in accordance with |
| 23 | | established
Departmental drug testing procedures. Changes to |
| 24 | | established drug testing
procedures
that are inconsistent with |
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| | SB3136 Enrolled | - 3 - | LRB100 20721 RLC 36194 b |
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| 1 | | the federal guidelines specified in the Mandatory
Guidelines |
| 2 | | for
Federal Workplace Drug Testing Program, 59 FR 29908, or |
| 3 | | that affect
terms and conditions of employment, shall be |
| 4 | | negotiated with an exclusive
bargaining
representative in |
| 5 | | accordance with the Illinois Public Labor Relations Act.
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| 6 | | (1) All samples used for the purpose of drug testing |
| 7 | | shall be collected by
persons who have at least 15 hours of |
| 8 | | initial training in the proper collection
procedures and at |
| 9 | | least 8 hours of annual follow-up training. Proof of this
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| 10 | | training shall be available upon request. In order to |
| 11 | | ensure that these
persons
possess the necessary knowledge, |
| 12 | | skills, and experience to carry out their
duties,
their |
| 13 | | training must include guidelines and procedures on |
| 14 | | maintaining the integrity of the collection process, |
| 15 | | ensuring the privacy of employees being tested, ensuring |
| 16 | | the security of the specimen, and avoiding conduct or |
| 17 | | statements that could be viewed as offensive or |
| 18 | | inappropriate. Proficiency in the proper collection |
| 19 | | process must be demonstrated prior to certification.
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| 20 | | (2) With respect to any bargaining unit employee, the |
| 21 | | Department shall
not initiate discipline of any employee |
| 22 | | who authorizes the testing of a split
urine
sample in |
| 23 | | accordance with established Departmental drug testing |
| 24 | | procedures
until
receipt by the Department of the test |
| 25 | | results from the split urine sample
evidencing a positive |
| 26 | | test for any substance prohibited by the Cannabis Control
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| | SB3136 Enrolled | - 4 - | LRB100 20721 RLC 36194 b |
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| 1 | | Act, the Illinois Controlled Substances Act, or the |
| 2 | | Methamphetamine Control and Community Protection Act.
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| 3 | | (b) Any employee discharged in accordance with the |
| 4 | | provisions of subsection
(a)
shall not be eligible for rehire |
| 5 | | by the Department.
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| 6 | | (Source: P.A. 98-757, eff. 7-16-14.)
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| 7 | | Section 99. Effective date. This Act takes effect upon |
| 8 | | becoming law.
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