HB5602 98TH GENERAL ASSEMBLY

LRB098 19098 OMW 54248 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5602

Introduced , by Rep. Charles E. Meier

SYNOPSIS AS INTRODUCED:

5 ILCS 430/99-15 new
305 ILCS 5/11-32 new

Amends the State Officials and Employees Ethics Act. Requires random substance abuse testing for every employee, appointee, and officer in the State. Requires the Department of Central Management Services to develop and implement this testing by rule, including disciplinary measures and compliance. Provides that if an elected official tests positive for substance abuse, he or she shall have his or her compensation withheld until such time as he or she is re-tested and tests negative for substance abuse. Requires the Department of Central Management Services to submit an annual report on the testing program that includes: (1) the number of individuals tested, the substances tested for, and the results of testing;(2) the costs of the testing; and (3) discipline, if any, that had been imposed. Adds corresponding provisions in the Illinois Public Aid Code that apply to recipients of financial aid under the Code. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Officials and Employees Ethics Act is amended by adding Section 99-15 as follows:

(5 ILCS 430/99-15 new)

Sec. 99-15. Random substance abuse testing.

(a) Notwithstanding any other provision of law, every employee, appointee, and officer governed under this Act is subject to random substance abuse testing. The Department of Central Management Services shall by rule develop and implement the testing required under this Section.

(b) An employee, appointee, or officer who tests positive shall be disciplined in a manner determined by the Department of Central Management Services by rule. If an elected official tests positive under this Section, he or she shall have his or her compensation withheld until such time as he or she is re-tested and tests negative for substance abuse.

(c) An individual shall not be considered to have tested positive for substance abuse until the sample has been re-tested to rule out a false positive using the same sample obtained in the original test. The Department of Central Management Services may by rule exempt an individual from substance abuse testing required under this Section if the individual has been ordered to participate, and is participating, in a substance abuse rehabilitation program.

(d) Failure to comply with substance abuse testing under this Section shall be disciplined in a manner determined by the Department of Central Management Services by rule.

(e) The Department of Central Management Services shall submit an annual report on the testing program under this Section to the General Assembly. The report shall include, but not be limited to, the following:

(1) the number of individuals tested, the substances tested for, and the results of testing;

(2) the costs of the testing; and

(3) discipline, if any, that had been imposed on employees, appointees, and officers under this Section.

Section 10. The Illinois Public Aid Code is amended by adding Section 11-32 as follows:

(305 ILCS 5/11-32 new)

Sec. 11-32. Random substance abuse testing.

(a) Notwithstanding any other provision of law, every recipient of financial aid under this Code is subject to random substance abuse testing as a condition for assistance under a program under this Code. The Department of Human Services shall by rule develop and implement the testing required under this Act.

(b) A recipient of financial aid who tests positive shall agree to and participate in substance abuse assessment and shall comply with a required substance abuse treatment plan developed by the Department of Human Services by rule.

(c) An individual shall not be considered to have tested positive for substance abuse until the sample has been re-tested to rule out a false positive using the same sample obtained in the original test. The Department of Human Services may by rule exempt an individual from substance abuse testing required under this Section if the individual has been ordered to participate, and is participating, in a substance abuse rehabilitation program.

(d) Failure to comply with substance abuse testing under this Section shall be penalized in a manner determined by the Department of Human Services by rule.

(e) The Department of Human Services shall submit an annual report on the testing program under this Section to the General Assembly. The report shall include, but not be limited to, the following:

(1) the number of individuals tested, the substances tested for, the results of testing, and the number of referrals for treatment;

(2) the costs of the testing and the resulting treatment;

(3) penalties, if any, that had been imposed on recipients of financial assistance under this Section; and

(4) the percentage and number of households receiving financial assistance under this Code who has tested positive for substance abuse under this Section.

Section 99. Effective date. This Act takes effect upon becoming law.