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91_HB4659sam002
LRB9113280EGfgam04
1 AMENDMENT TO HOUSE BILL 4659
2 AMENDMENT NO. . Amend House Bill 4659 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Public Labor Relations Act is
5 amended by changing Section 15 as follows:
6 (5 ILCS 315/15) (from Ch. 48, par. 1615)
7 Sec. 15. Act Takes Precedence.
8 (a) In case of any conflict between the provisions of
9 this Act and any other law, executive order or administrative
10 regulation relating to wages, hours and conditions of
11 employment and employment relations, the provisions of this
12 Act or any collective bargaining agreement negotiated
13 thereunder shall prevail and control. Nothing in this Act
14 shall be construed to replace or diminish the rights of
15 employees established by Sections 28 and 28a of the
16 Metropolitan Transit Authority Act, Sections 2.15 through
17 2.19 of the Regional Transportation Authority Act.
18 (b) Except as provided in subsection (a) above, any
19 collective bargaining contract between a public employer and
20 a labor organization executed pursuant to this Act shall
21 supersede any contrary statutes, charters, ordinances, rules
22 or regulations relating to wages, hours and conditions of
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1 employment and employment relations adopted by the public
2 employer or its agents. Any collective bargaining agreement
3 entered into prior to the effective date of this Act shall
4 remain in full force during its duration.
5 (b-5) Notwithstanding this or any other law, executive
6 order, administrative regulation, or collective bargaining
7 agreement to the contrary, in the case of a conflict between
8 this Section and Section 3-7-2.5 of the Unified Code of
9 Corrections, the provisions of that Section shall prevail.
10 (c) It is the public policy of this State, pursuant to
11 paragraphs (h) and (i) of Section 6 of Article VII of the
12 Illinois Constitution, that the provisions of this Act are
13 the exclusive exercise by the State of powers and functions
14 which might otherwise be exercised by home rule units. Such
15 powers and functions may not be exercised concurrently,
16 either directly or indirectly, by any unit of local
17 government, including any home rule unit, except as otherwise
18 authorized by this Act.
19 (Source: P.A. 83-1012.)
20 Section 10. The Unified Code of Corrections is amended
21 by adding Section 3-7-2.5 as follows:
22 (730 ILCS 5/3-7-2.5 new)
23 Sec. 3-7-2.5. Zero tolerance drug policy.
24 (a) No less than 20% of all employees and administrative
25 officers of the Department shall be randomly tested for the
26 presence of drugs once per year. "Employee" includes a
27 Department employee who meets one or more of the following
28 criteria:
29 (1) the employee is responsible for the care,
30 custody, or supervision of a committed person; or
31 (2) the employee works within a correctional
32 institution as defined in subsection (d) of Section
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1 3-1-2; or
2 (3) the employee has regular contact with committed
3 persons as defined in subsection (c) of Section 3-1-2; or
4 (4) the employee has the opportunity to smuggle
5 drugs to committed persons; or
6 (5) the employee is authorized to carry a firearm;
7 or
8 (6) the employee is eligible for the security
9 retirement formula.
10 (b) Notwithstanding a contractual provision or Section
11 15 of the Illinois Public Labor Relations Act to the
12 contrary, if an employee or officer refuses to take a drug
13 test, or if a drug test administered to an employee or
14 officer shows a positive result, then the employee or officer
15 shall be terminated from employment. Such termination shall
16 be in accordance with established Departmental procedures.
17 (c) Notwithstanding a contractual provision or Section
18 15 of the Illinois Public Labor Relations Act to the
19 contrary, an employee or officer discharged from the
20 Department for failure to take a drug test or for a positive
21 test result may not be rehired.
22 (d) This Section shall not be construed to limit drug
23 testing if there is reasonable suspicion that an employee or
24 officer is under the influence of or using alcohol or an
25 unauthorized drug. This Section may not be construed to
26 limit post-accident testing or to limit the testing of an
27 applicant for employment.
28 (e) Every person, including a correctional officer or
29 administrative officer, entering a Department facility shall
30 be subject to a search for drugs and contraband, either by a
31 person, by a machine, or by a drug dog.
32 (f) A person observed committing a crime may be referred
33 to the State's Attorney's Office for prosecution. Every
34 violation shall be reported to the Director or his or her
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1 designee.
2 (g) A notice shall be posted at each Department facility
3 that anyone entering the facility may be subject to a body
4 cavity search.
5 (h) Any person who refuses to be searched shall not be
6 allowed to enter the Department facility.
7 Section 99. Effective date. This Act takes effect July
8 1, 2001.".