Bill Status of HB 3431   102nd General Assembly


Short Description:  COMPASSIONATE USE-LIABILITY

House Sponsors
Rep. Bob Morgan-Kelly M. Cassidy

Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
410 ILCS 130/50
820 ILCS 55/5from Ch. 48, par. 2855

Synopsis As Introduced
Amends the Compassionate Use of Medical Cannabis Program Act. Provides that employers are not prohibited from adopting specified policies concerning medical cannabis by registered qualifying patients, including drug testing policies for such patients working in safety sensitive positions. Unless specified circumstances are met, prohibits employers from taking adverse action against registered qualifying patients who work in non-safety sensitive positions solely due to a positive drug test for medicinal cannabis. Defines "safety sensitive position". Provides that nothing in the Act prohibits an employer from enforcing a preemployment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug free workplace policy (rather than only a workplace drug policy) or disciplining a registered qualifying patient for violating such a policy, provided that an employer shall not take adverse action against a registered qualifying patient in a non-safety sensitive position solely due to a positive drug test for medical cannabis (rather than due to a positive drug test for cannabis) unless specified criteria are met. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of a registered qualifying patient when enforcing a compliant policy. Makes other changes. Amends the Right to Privacy in the Workplace Act. Provides that the amendatory Act's provisions are an exception to provisions prohibiting an employer from refusing to hire or to discharge or disadvantage any individual because the individual uses lawful products off the premises of the employer during nonworking and non-call hours. Effective immediately.

House Floor Amendment No. 1
Provides that "safety sensitive position" includes, but is not limited to, a position in which a lapse of attention could result in injury, illness, death, or damage to property, including, among other specified positions, road or commercial construction.

Actions 
DateChamber Action
  2/19/2021HouseFiled with the Clerk by Rep. Bob Morgan
  2/22/2021HouseFirst Reading
  2/22/2021HouseReferred to Rules Committee
  3/16/2021HouseAssigned to Labor & Commerce Committee
  3/24/2021HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  3/24/2021HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/24/2021HouseDo Pass / Short Debate Labor & Commerce Committee; 025-000-000
  4/8/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/13/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Bob Morgan
  4/13/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/14/2021HouseHouse Floor Amendment No. 1 Rules Refers to Labor & Commerce Committee
  4/15/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Labor & Commerce Committee; 028-000-000
  4/16/2021HouseSecond Reading - Short Debate
  4/16/2021HouseHouse Floor Amendment No. 1 Adopted
  4/16/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2021HouseRemove Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/23/2021HouseRule 19(a) / Re-referred to Rules Committee
  1/10/2023HouseSession Sine Die

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