Bill Status of HB 4116   102nd General Assembly

Short Description:  RIGHT TO PRIVACY-DRUG TEST

House Sponsors
Rep. Bob Morgan-Kambium Buckner-Kelly M. Cassidy-Marcus C. Evans, Jr.-Aaron M. Ortiz, Carol Ammons, Will Guzzardi, Mark L. Walker, Jonathan Carroll, Elizabeth Hernandez, Barbara Hernandez, Eva-Dina Delgado, Nicholas K. Smith and Sonya M. Harper

Senate Sponsors
(Sen. Robert Peters, Mike Simmons and Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

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

Synopsis As Introduced
Amends the Right to Privacy in the Workplace Act. Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides that an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. Effective immediately.

House Committee Amendment No. 2
Adds reference to:
410 ILCS 705/10-50 rep.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Amends the Cannabis Regulation and Tax Act. Repeals provisions concerning employment and employer liability. Amends the Right to Privacy in the Workplace Act. Defines terms. Provides that discharge for the presence of tetrahydrocannabinol is permissible if the employee works in a safety sensitive position, if the employee demonstrates impairment, or if the test results for tetrahydrocannabinol exceeds the limits under specified provisions of the Illinois Vehicle Code. Replaces references to "cannabis" with "tetrahydrocannabinol" and "premises" with "workplace". Provides that nothing in the Act prohibits an employer from enforcing a pre-employment drug testing policy, random drug testing policy, or a drug-free workplace policy or from disciplining an employee or withdrawing a job offer to an applicant for violating such policy if the policy is applied to employees working in safety sensitive positions. Removes the effective date. Makes other changes.

House Floor Amendment No. 3
Deletes reference to:
410 ILCS 705/10-50 rep.
Adds reference to:
410 ILCS 705/10-50

Further amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act shall be construed to create or imply a cause of action under the Act for any person against an employer for actions taken pursuant to an employer's workplace drug policy that complies with the Right to Privacy in the Workplace Act. Removes specified provisions concerning employment and employer liability. Removes the repeal provision. Amends the Right to Privacy in the Workplace Act. Provides that nothing in the Act prohibits an employer from disciplining or discharging an employee whose use of a lawful product adversely affects or impairs the employee's job performance, conduct, or ability to safely perform the assigned job duties in the employer's workplace during working hours or hours the individual is on call or implementing and enforcing workplace policies regarding the possession, use, or impairment of lawful products in the employer's workplace during working hours or hours the individual is on call. Provides that specified provisions do not apply to any employer (rather than any employer that is a non-profit organization) that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. Provides that the definition of "safety sensitive position" includes a position working for a law enforcement agency in a capacity that impacts the safety of others. Provides that the definition of "critical services and infrastructure" means physical and cyber systems and assets that are so vital to the public (rather than State) that their incapacity, compromise, or destruction (rather than incapacity or destruction) would have a debilitating impact on physical or economic security, public health, or safety.

Senate Committee Amendment No. 1
Provides that the term "safety sensitive position" includes a position that requires working around heavy machinery in a manufacturing facility.

Actions 
DateChamber Action
  7/30/2021HouseFiled with the Clerk by Rep. Bob Morgan
  8/23/2021HouseAdded Chief Co-Sponsor Rep. Kambium Buckner
  8/23/2021HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  9/3/2021HouseFirst Reading
  9/3/2021HouseReferred to Rules Committee
  1/11/2022HouseAssigned to Labor & Commerce Committee
  1/18/2022HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  1/27/2022HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Bob Morgan
  1/27/2022HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/1/2022HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
  2/10/2022HouseAdded Chief Co-Sponsor Rep. Aaron M. Ortiz
  2/14/2022HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Bob Morgan
  2/14/2022HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  2/15/2022HouseHouse Committee Amendment No. 2 Rules Refers to Labor & Commerce Committee
  2/16/2022HouseHouse Committee Amendment No. 2 Adopted in Labor & Commerce Committee; by Voice Vote
  2/16/2022HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  2/16/2022HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 015-012-000
  2/17/2022HousePlaced on Calendar 2nd Reading - Short Debate
  2/22/2022HouseAdded Co-Sponsor Rep. Carol Ammons
  2/24/2022HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Bob Morgan
  2/24/2022HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  2/25/2022HouseAdded Co-Sponsor Rep. Will Guzzardi
  3/1/2022HouseAdded Co-Sponsor Rep. Mark L. Walker
  3/1/2022HouseAdded Co-Sponsor Rep. Jonathan Carroll
  3/1/2022HouseHouse Floor Amendment No. 3 Rules Refers to Labor & Commerce Committee
  3/1/2022HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/1/2022HouseAdded Co-Sponsor Rep. Barbara Hernandez
  3/1/2022HouseAdded Co-Sponsor Rep. Eva-Dina Delgado
  3/1/2022HouseAdded Co-Sponsor Rep. Nicholas K. Smith
  3/2/2022HouseHouse Floor Amendment No. 3 Recommends Be Adopted Labor & Commerce Committee; 015-011-000
  3/2/2022HouseSecond Reading - Short Debate
  3/2/2022HouseHeld on Calendar Order of Second Reading - Short Debate
  3/3/2022HouseHouse Floor Amendment No. 3 Adopted
  3/3/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2022HouseThird Reading - Short Debate - Passed 061-041-001
  3/3/2022HouseAdded Co-Sponsor Rep. Sonya M. Harper
  3/4/2022SenateArrive in Senate
  3/4/2022SenatePlaced on Calendar Order of First Reading
  3/4/2022SenateChief Senate Sponsor Sen. Robert Peters
  3/4/2022SenateFirst Reading
  3/4/2022SenateReferred to Assignments
  3/22/2022SenateAssigned to Executive
  3/23/2022SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Robert Peters
  3/23/2022SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/25/2022SenateRule 2-10 Committee Deadline Established As April 4, 2022
  3/28/2022SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  3/30/2022SenateSenate Committee Amendment No. 1 Adopted
  3/30/2022SenatePostponed - Executive
  3/31/2022SenateAdded as Alternate Co-Sponsor Sen. Mike Simmons
  4/1/2022SenateRule 2-10 Third Reading Deadline Established As April 8, 2022
  4/5/2022SenateWaive Posting Notice
  4/5/2022SenateDo Pass as Amended Executive; 010-004-002
  4/5/2022SenatePlaced on Calendar Order of 2nd Reading
  4/6/2022SenateSecond Reading
  4/6/2022SenatePlaced on Calendar Order of 3rd Reading
  4/18/2022SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  5/10/2022SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/10/2023HouseSession Sine Die

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