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Public Act 92-0080
SB1032 Enrolled LRB9207626ARsbC
AN ACT concerning labor relations.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Police Act is amended by adding
Section 12.5 as follows:
(20 ILCS 2610/12.5 new)
Sec. 12.5. Zero tolerance drug policy. Any person
employed by the Department of State Police who tests positive
in accordance with established Departmental drug testing
procedures for any substance prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act shall
be discharged from employment. Refusal to submit to a drug
test, ordered in accordance with Departmental procedures, by
any person employed by the Department shall be construed as a
positive test, and the person shall be discharged from
employment.
Section 10. The Unified Code of Corrections is amended
by adding Section 3-7-2.5 as follows:
(730 ILCS 5/3-7-2.5 new)
Sec. 3-7-2.5. Zero tolerance drug policy.
(a) Any person employed by the Department of Corrections
who tests positive in accordance with established
Departmental drug testing procedures for any substance
prohibited by the Cannabis Control Act or the Illinois
Controlled Substances Act shall be discharged from
employment. Refusal to submit to a drug test, ordered in
accordance with Departmental procedures, by any person
employed by the Department shall be construed as a positive
test, and the person shall be discharged from employment.
Testing of employees shall be conducted in accordance
with established Departmental drug testing procedures.
Changes to established drug testing procedures that are
inconsistent with the federal guidelines specified in the
Mandatory Guidelines for Federal Workplace Drug Testing
Program, 59 FR 29908, or that affect terms and conditions of
employment, shall be negotiated with an exclusive bargaining
representative in accordance with the Illinois Public Labor
Relations Act.
(1) All samples used for the purpose of drug
testing shall be collected by persons who have at least
40 hours of initial training in the proper collection
procedures and at least 8 hours of annual follow-up
training. Proof of this training shall be available upon
request. In order to ensure that these persons possess
the necessary knowledge, skills, and experience to carry
out their duties, their training must include guidelines
and procedures used for the collection process and must
also incorporate training on the appropriate
interpersonal skills required during the collection
process.
(2) With respect to any bargaining unit employee,
the Department shall not initiate discipline of any
employee who authorizes the testing of a split urine
sample in accordance with established Departmental drug
testing procedures until receipt by the Department of the
test results from the split urine sample evidencing a
positive test for any substance prohibited by the
Cannabis Control Act or the Illinois Controlled
Substances Act.
(b) Any employee discharged in accordance with the
provisions of subsection (a) shall not be eligible for rehire
by the Department.
Passed in the General Assembly May 17, 2001.
Approved July 12, 2001.
Effective January 01, 2002.
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