Sen. John J. Cullerton

Filed: 3/8/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3136

2    AMENDMENT NO. ______. Amend Senate Bill 3136 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Police Act is amended by changing
5Section 12.5 as follows:
 
6    (20 ILCS 2610/12.5)
7    Sec. 12.5. Zero tolerance drug policy. Any person employed
8by the Department of State Police who tests positive in
9accordance with established Departmental drug testing
10procedures for any substance prohibited by the Cannabis Control
11Act, the Illinois Controlled Substances Act, or the
12Methamphetamine Control and Community Protection Act shall be
13discharged from employment. Any person employed by the
14Department of State Police who tests positive in accordance
15with established Departmental drug testing procedures for any
16substance prohibited by the Cannabis Control Act may be

 

 

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1discharged from employment. Refusal to submit to a drug test,
2ordered in accordance with Departmental procedures, by any
3person employed by the Department may shall be construed as a
4positive test, and the person shall be discharged from
5employment. The changes made in this Section by this amendatory
6Act of the 100th General Assembly shall apply to all pending
7and future incidents under this Section.
8(Source: P.A. 94-556, eff. 9-11-05.)
 
9    Section 10. The Unified Code of Corrections is amended by
10changing Section 3-7-2.5 as follows:
 
11    (730 ILCS 5/3-7-2.5)
12    Sec. 3-7-2.5. Zero tolerance drug policy.
13    (a) Any person employed by the Department of Corrections
14who tests positive in accordance with established Departmental
15drug testing procedures for any substance prohibited by the
16Cannabis Control Act, the Illinois Controlled Substances Act,
17or the Methamphetamine Control and Community Protection Act
18shall be discharged from employment. Any person employed by the
19Department of Corrections who tests positive in accordance with
20established Departmental drug testing procedures for any
21substance prohibited by the Cannabis Control Act may be
22discharged from employment. Refusal to submit to a drug test,
23ordered in accordance with Departmental procedures, by any
24person employed by the Department may shall be construed as a

 

 

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1positive test, and the person shall be discharged from
2employment. The changes made in this Section by this amendatory
3Act of the 100th General Assembly shall apply to all pending
4and future incidents under this Section.
5    Testing of employees shall be conducted in accordance with
6established Departmental drug testing procedures. Changes to
7established drug testing procedures that are inconsistent with
8the federal guidelines specified in the Mandatory Guidelines
9for Federal Workplace Drug Testing Program, 59 FR 29908, or
10that affect terms and conditions of employment, shall be
11negotiated with an exclusive bargaining representative in
12accordance with the Illinois Public Labor Relations Act.
13        (1) All samples used for the purpose of drug testing
14    shall be collected by persons who have at least 15 hours of
15    initial training in the proper collection procedures and at
16    least 8 hours of annual follow-up training. Proof of this
17    training shall be available upon request. In order to
18    ensure that these persons possess the necessary knowledge,
19    skills, and experience to carry out their duties, their
20    training must include guidelines and procedures on
21    maintaining the integrity of the collection process,
22    ensuring the privacy of employees being tested, ensuring
23    the security of the specimen, and avoiding conduct or
24    statements that could be viewed as offensive or
25    inappropriate. Proficiency in the proper collection
26    process must be demonstrated prior to certification.

 

 

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1        (2) With respect to any bargaining unit employee, the
2    Department shall not initiate discipline of any employee
3    who authorizes the testing of a split urine sample in
4    accordance with established Departmental drug testing
5    procedures until receipt by the Department of the test
6    results from the split urine sample evidencing a positive
7    test for any substance prohibited by the Cannabis Control
8    Act, the Illinois Controlled Substances Act, or the
9    Methamphetamine Control and Community Protection Act.
10    (b) Any employee discharged in accordance with the
11provisions of subsection (a) shall not be eligible for rehire
12by the Department.
13(Source: P.A. 98-757, eff. 7-16-14.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".