State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 003 ]

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
 
                            -2-            LRB9113280EGfgam04
 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
 
                            -3-            LRB9113280EGfgam04
 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
 
                            -4-            LRB9113280EGfgam04
 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.".

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