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91_HB2855sam001
LRB9105270RCpkam01
1 AMENDMENT TO HOUSE BILL 2855
2 AMENDMENT NO. . Amend House Bill 2855 by replacing
3 the title with the following:
4 "AN ACT in relation to corrections."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Public Labor Relations Act is
8 amended by changing Section 15 as follows:
9 (5 ILCS 315/15) (from Ch. 48, par. 1615)
10 Sec. 15. Act Takes Precedence.
11 (a) In case of any conflict between the provisions of
12 this Act and any other law, executive order or administrative
13 regulation relating to wages, hours and conditions of
14 employment and employment relations, the provisions of this
15 Act or any collective bargaining agreement negotiated
16 thereunder shall prevail and control. Nothing in this Act
17 shall be construed to replace or diminish the rights of
18 employees established by Sections 28 and 28a of the
19 Metropolitan Transit Authority Act, Sections 2.15 through
20 2.19 of the Regional Transportation Authority Act.
21 (b) Except as provided in subsection (a) above, any
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1 collective bargaining contract between a public employer and
2 a labor organization executed pursuant to this Act shall
3 supersede any contrary statutes, charters, ordinances, rules
4 or regulations relating to wages, hours and conditions of
5 employment and employment relations adopted by the public
6 employer or its agents. Any collective bargaining agreement
7 entered into prior to the effective date of this Act shall
8 remain in full force during its duration.
9 (b-5) Notwithstanding this or any other law, executive
10 order, administrative regulation, or collective bargaining
11 agreement to the contrary, in the case of a conflict between
12 this Section and Section 3-7-2.5 of the Unified Code of
13 Corrections, the provisions of that Section shall prevail.
14 (c) It is the public policy of this State, pursuant to
15 paragraphs (h) and (i) of Section 6 of Article VII of the
16 Illinois Constitution, that the provisions of this Act are
17 the exclusive exercise by the State of powers and functions
18 which might otherwise be exercised by home rule units. Such
19 powers and functions may not be exercised concurrently,
20 either directly or indirectly, by any unit of local
21 government, including any home rule unit, except as otherwise
22 authorized by this Act.
23 (Source: P.A. 83-1012.)
24 Section 10. The Unified Code of Corrections is amended
25 by adding Section 3-7-2.5 as follows:
26 (730 ILCS 5/3-7-2.5 new)
27 Sec. 3-7-2.5. Zero tolerance drug policy.
28 (a) No less than 20% of all employees and administrative
29 officers of the Department shall be randomly tested for the
30 presence of drugs once per year. "Employee" includes a
31 Department employee who meets one or more of the following
32 criteria:
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1 (1) the employee is responsible for the care,
2 custody, or supervision of a committed person; or
3 (2) the employee works within a correctional
4 institution as defined in subsection (d) of Section
5 3-1-2; or
6 (3) the employee has regular contact with committed
7 persons as defined in subsection (c) of Section 3-1-2; or
8 (4) the employee has the opportunity to smuggle
9 drugs to committed persons; or
10 (5) the employee is authorized to carry a firearm;
11 or
12 (6) the employee is eligible for the security
13 retirement formula.
14 (b) Notwithstanding a contractual provision or Section
15 15 of the Illinois Public Labor Relations Act to the
16 contrary, if an employee or officer refuses to take a drug
17 test, or if a drug test administered to an employee or
18 officer shows a positive result, then the employee or officer
19 shall be terminated from employment. Such termination shall
20 be in accordance with established Departmental procedures.
21 (c) Notwithstanding a contractual provision or Section
22 15 of the Illinois Public Labor Relations Act to the
23 contrary, an employee or officer discharged from the
24 Department for failure to take a drug test or for a positive
25 test result may not be rehired.
26 (d) This Section shall not be construed to limit drug
27 testing if there is reasonable suspicion that an employee or
28 officer is under the influence of or using alcohol or an
29 unauthorized drug. This Section may not be construed to
30 limit post-accident testing or to limit the testing of an
31 applicant for employment.
32 (e) Every person, including a correctional officer or
33 administrative officer, entering a Department facility shall
34 be subject to a search for drugs and contraband, either by a
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1 person, by a machine, or by a drug dog.
2 (f) A person observed committing a crime may be referred
3 to the State's Attorney's Office for prosecution. Every
4 violation shall be reported to the Director or his or her
5 designee.
6 (g) A notice shall be posted at each Department facility
7 that anyone entering the facility may be subject to a body
8 cavity search.
9 (h) Any person who refuses to be searched shall not be
10 allowed to enter the Department facility.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.".