Full Text of HB4116 102nd General Assembly
HB4116ham002 102ND GENERAL ASSEMBLY | Rep. Bob Morgan Filed: 2/14/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4116
| 2 | | AMENDMENT NO. ______. Amend House Bill 4116 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "(410 ILCS 705/10-50 rep.) | 5 | | Section 5. The Cannabis Regulation and Tax Act is amended | 6 | | by repealing Section 10-50. | 7 | | Section 10. The Right to Privacy in the Workplace Act is | 8 | | amended by changing Section 5 as follows:
| 9 | | (820 ILCS 55/5) (from Ch. 48, par. 2855)
| 10 | | Sec. 5. Discrimination for use of lawful products | 11 | | prohibited.
| 12 | | (a) Except as otherwise specifically provided by law , | 13 | | including Section 10-50 of the Cannabis Regulation and Tax | 14 | | Act, and except as
provided in subsections (a-5), (b) , and | 15 | | (c) , (d), (e), (f), (g), (h), and (i) of this Section, it shall |
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| 1 | | be unlawful
for an employer to refuse to hire or to discharge | 2 | | any individual, or
otherwise disadvantage any individual, with | 3 | | respect to compensation, terms,
conditions or privileges of | 4 | | employment because : | 5 | | (1) the individual uses lawful
products off the | 6 | | premises of the employer's workplace employer during | 7 | | nonworking hours and hours the individual is not on-call | 8 | | non-call hours ; or . | 9 | | (2) the results of an individual's drug test indicate | 10 | | the presence of tetrahydrocannabinol, unless: | 11 | | (A) the employee works in a safety sensitive | 12 | | position; | 13 | | (B) the applicant or employee demonstrates | 14 | | impairment as provided in subsection (f); or | 15 | | (C) the test results for tetrahydrocannabinol | 16 | | meets or exceeds the legal limits set forth in Section | 17 | | 11-501.2 of the Illinois Vehicle Code. | 18 | | Nothing in this Act prohibits an employer from enforcing a | 19 | | pre-employment drug testing policy, random drug testing | 20 | | policy, or zero-tolerance or drug-free workplace policy or | 21 | | from disciplining an employee or withdrawing a job offer from | 22 | | an applicant for violating such a policy with respect to an | 23 | | employee in a safety sensitive position as defined in | 24 | | subsection (a-5). | 25 | | (a-5) As used in this Section : , | 26 | | (1) " Lawful lawful products" means products that are |
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| 1 | | legal for the employee to use under state law. | 2 | | (2) "Workplace" means the employer's premises, | 3 | | including any building, real property, and parking area | 4 | | under the control of the employer or area used by an | 5 | | employee while in the performance of the employee's job | 6 | | duties. | 7 | | (3) "On-call" means For purposes of this Section, an | 8 | | employee is deemed on-call when the employee is scheduled | 9 | | with at least 24 hours' notice by his or her employer to be | 10 | | on standby or otherwise responsible for performing tasks | 11 | | related to his or her employment either at the employer's | 12 | | workplace premises or other previously designated location | 13 | | by his or her employer or supervisor to perform a | 14 | | work-related task.
| 15 | | (4) "Safety sensitive position" means a position that | 16 | | meets all of the following requirements: | 17 | | (A) is designated as a safety sensitive position | 18 | | in writing by the employer; | 19 | | (B) requires tasks and duties that could | 20 | | reasonably result in injury, illness, death, or damage | 21 | | to property if the person performing them is under the | 22 | | influence of tetrahydrocannabinol; and | 23 | | (C) requires one or more of the following | 24 | | responsibilities: | 25 | | (i) carrying a firearm; | 26 | | (ii) performing medical procedures or |
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| 1 | | emergency services; | 2 | | (iii) working with hazardous or flammable | 3 | | materials, controlled substances, or
| 4 | | pharmaceuticals; | 5 | | (iv) working around heavy machinery in a | 6 | | retail distribution center; or | 7 | | (v) operating, repairing, maintaining, | 8 | | monitoring, or designing one or more of the | 9 | | following: (I) heavy machinery; (II) aircraft; | 10 | | (III) motorized watercrafts; (IV) motor vehicles; | 11 | | or (V) critical services and infrastructure. As | 12 | | used in this subparagraph, "critical services and | 13 | | infrastructure" means physical and cyber systems | 14 | | and assets that are so vital to the State that | 15 | | their incapacity or destruction would have a | 16 | | debilitating impact on physical or economic | 17 | | security, public health, or safety. | 18 | | (5) "Retail distribution center" means a distribution | 19 | | center where products are received and temporarily stored | 20 | | and where orders for products are packaged or repackaged | 21 | | for distribution to resellers, wholesalers, or consumers. | 22 | | "Retail distribution center" does not mean a warehouse | 23 | | used only for purposes of storing products. | 24 | | (b) This Section does not apply to any employer that is a | 25 | | non-profit
organization that, as one of its primary purposes | 26 | | or objectives,
discourages the use of one or more lawful |
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| 1 | | products by the general public.
This Section does not apply to | 2 | | the use of those lawful products which
impairs an employee's | 3 | | ability to perform the employee's assigned duties.
| 4 | | (c) It is not a violation of this Section for an employer | 5 | | to offer,
impose or have in effect a health, disability or life | 6 | | insurance policy that
makes distinctions between employees for | 7 | | the type of coverage or the price
of coverage based upon the | 8 | | employees' use of lawful products provided that:
| 9 | | (1) differential premium rates charged employees | 10 | | reflect a
differential cost to the employer; and
| 11 | | (2) employers provide employees with a statement | 12 | | delineating the
differential rates used by insurance | 13 | | carriers.
| 14 | | (d) Nothing in this Act limits an employer's ability to | 15 | | withdraw a job offer from an applicant or discipline an | 16 | | employee for failing a drug test if failing to do so would put | 17 | | the employer in violation of federal or State law or cause it | 18 | | to lose a federal or State contract or funding. | 19 | | (e) Nothing in this Act shall be construed to create a | 20 | | defense for a third party who fails a drug test. | 21 | | (f) An employer may consider an applicant or employee to | 22 | | be impaired when: | 23 | | (1) he or she tests positive for tetrahydrocannabinol | 24 | | at a level that meets or exceeds the legal limits set forth | 25 | | in Section 11-501.2 of the Illinois Vehicle Code; or | 26 | | (2) manifests specific, articulable symptoms or |
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| 1 | | behavior while working that decrease or lessen his or her | 2 | | performance of the duties or tasks of the employee's job | 3 | | position, including manifestations of the employee's | 4 | | speech, physical dexterity, agility, coordination, | 5 | | demeanor, irrational or unusual behavior, negligence or | 6 | | carelessness in operating equipment or machinery, | 7 | | disregard for the safety of the employee or others, | 8 | | involvement in an accident that results in serious damage | 9 | | to equipment or property, disruption of a production or | 10 | | manufacturing process, or carelessness that results in any | 11 | | injury to the employee or others. | 12 | | If an employer elects to withdraw a job offer from an | 13 | | applicant or discipline an employee because the employer | 14 | | considers the applicant or employee to be impaired, it must | 15 | | afford the applicant or employee a reasonable opportunity to | 16 | | contest the basis of the determination. | 17 | | (g) Nothing in this Act shall be construed to create or | 18 | | imply a cause of action for any person against an employer for: | 19 | | (1) actions based on the employer's good faith belief | 20 | | that an employee used or possessed tetrahydrocannabinol | 21 | | while at the employer's workplace or during the hours of | 22 | | employment; | 23 | | (2) actions based on the employer's good faith belief | 24 | | that an employee was impaired while working, while working | 25 | | at the employer's workplace during the hours of | 26 | | employment; |
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| 1 | | (3) discipline or termination of the employment of an | 2 | | employee or withdrawal of a job offer from an applicant | 3 | | when enforcing a drug policy that complies with this | 4 | | Section; or | 5 | | (4) injury or loss to a third party if the employer | 6 | | neither knew nor had reason to know that the employee was | 7 | | impaired. | 8 | | (h) Nothing in this Act shall be construed to interfere | 9 | | with any federal restrictions on employment, including, but | 10 | | not limited to, the United States Department of Transportation | 11 | | regulation 49 CFR 40.151(e). | 12 | | (i) Nothing in this Act shall be construed to interfere | 13 | | with the application of the Illinois Workers' Compensation | 14 | | Act, specifically, but without limitation, Section 11 of the | 15 | | Workers' Compensation Act, the Workers' Occupational Diseases | 16 | | Act, or the rules of practice before the Illinois Workers' | 17 | | Compensation Commission. | 18 | | (Source: P.A. 101-27, eff. 6-25-19.)".
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