State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


92_SB1032eng

 
SB1032 Engrossed                              LRB9207626ARsbC

 1        AN ACT concerning labor relations.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  State  Police Act is amended by adding
 5    Section 12.5 as follows:

 6        (20 ILCS 2610/12.5 new)
 7        Sec.  12.5.  Zero  tolerance  drug  policy.   Any  person
 8    employed by the Department of State Police who tests positive
 9    in accordance  with  established  Departmental  drug  testing
10    procedures  for  any  substance  prohibited  by  the Cannabis
11    Control Act or the Illinois Controlled Substances  Act  shall
12    be  discharged  from employment.  Refusal to submit to a drug
13    test, ordered in accordance with Departmental procedures,  by
14    any person employed by the Department shall be construed as a
15    positive  test,  and  the  person  shall  be  discharged from
16    employment.

17        Section 10.  The Unified Code of Corrections  is  amended
18    by adding Section 3-7-2.5 as follows:

19        (730 ILCS 5/3-7-2.5 new)
20        Sec. 3-7-2.5.  Zero tolerance drug policy.
21        (a)  Any person employed by the Department of Corrections
22    who   tests   positive   in   accordance   with   established
23    Departmental   drug  testing  procedures  for  any  substance
24    prohibited by  the  Cannabis  Control  Act  or  the  Illinois
25    Controlled   Substances   Act   shall   be   discharged  from
26    employment.  Refusal to submit to a  drug  test,  ordered  in
27    accordance   with  Departmental  procedures,  by  any  person
28    employed by the Department shall be construed as  a  positive
29    test, and the person shall be discharged from employment.
 
SB1032 Engrossed            -2-               LRB9207626ARsbC
 1        Testing  of  employees  shall  be conducted in accordance
 2    with  established  Departmental  drug   testing   procedures.
 3    Changes  to  established  drug  testing  procedures  that are
 4    inconsistent with the federal  guidelines  specified  in  the
 5    Mandatory  Guidelines  for  Federal  Workplace  Drug  Testing
 6    Program,  59 FR 29908, or that affect terms and conditions of
 7    employment, shall be negotiated with an exclusive  bargaining
 8    representative  in  accordance with the Illinois Public Labor
 9    Relations Act.
10             (1)  All  samples  used  for  the  purpose  of  drug
11        testing shall be collected by persons who have  at  least
12        40  hours  of  initial  training in the proper collection
13        procedures and at  least  8  hours  of  annual  follow-up
14        training.  Proof of this training shall be available upon
15        request.   In  order to ensure that these persons possess
16        the necessary knowledge, skills, and experience to  carry
17        out  their duties, their training must include guidelines
18        and procedures used for the collection process  and  must
19        also    incorporate    training    on   the   appropriate
20        interpersonal  skills  required  during  the   collection
21        process.
22             (2)  With  respect  to any bargaining unit employee,
23        the Department  shall  not  initiate  discipline  of  any
24        employee  who  authorizes  the  testing  of a split urine
25        sample in accordance with established  Departmental  drug
26        testing procedures until receipt by the Department of the
27        test  results  from  the  split urine sample evidencing a
28        positive  test  for  any  substance  prohibited  by   the
29        Cannabis   Control   Act   or   the  Illinois  Controlled
30        Substances Act.
31        (b)  Any  employee  discharged  in  accordance  with  the
32    provisions of subsection (a) shall not be eligible for rehire
33    by the Department.

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