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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.