Full Text of HB4116 102nd General Assembly
HB4116ham003 102ND GENERAL ASSEMBLY | Rep. Bob Morgan Filed: 2/24/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4116
| 2 | | AMENDMENT NO. ______. Amend House Bill 4116, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 2, as follows:
| 5 | | on page 1, line 4, by replacing "(410 ILCS 705/10-50 rep.)" | 6 | | with the following: | 7 | | "Section 5. The Cannabis Regulation and Tax Act is amended | 8 | | by changing Section 10-50 as follows: | 9 | | (410 ILCS 705/10-50)
| 10 | | Sec. 10-50. Employment; employer liability. | 11 | | (a) Nothing in this Act shall prohibit an employer from | 12 | | adopting reasonable zero tolerance or drug free workplace | 13 | | policies, or employment policies concerning drug testing, | 14 | | smoking, consumption, storage, or use of cannabis in the | 15 | | workplace or while on call provided that the policy is applied |
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| 1 | | in a nondiscriminatory manner. | 2 | | (b) Nothing in this Act shall require an employer to | 3 | | permit an employee to be under the influence of or use cannabis | 4 | | in the employer's workplace or while performing the employee's | 5 | | job duties or while on call. | 6 | | (c) Nothing in this Act shall limit or prevent an employer | 7 | | from disciplining an employee or terminating employment of an | 8 | | employee for violating an employer's employment policies or | 9 | | workplace drug policy. | 10 | | (d) An employer may consider an employee to be impaired or | 11 | | under the influence of cannabis if the employer has a good | 12 | | faith belief that an employee manifests specific, articulable | 13 | | symptoms while working that decrease or lessen the employee's | 14 | | performance of the duties or tasks of the employee's job | 15 | | position, including symptoms of the employee's speech, | 16 | | physical dexterity, agility, coordination, demeanor, | 17 | | irrational or unusual behavior, or negligence or carelessness | 18 | | in operating equipment or machinery; disregard for the safety | 19 | | of the employee or others, or involvement in any accident that | 20 | | results in serious damage to equipment or property; disruption | 21 | | of a production or manufacturing process; or carelessness that | 22 | | results in any injury to the employee or others. If an employer | 23 | | elects to discipline an employee on the basis that the | 24 | | employee is under the influence or impaired by cannabis, the | 25 | | employer must afford the employee a reasonable opportunity to | 26 | | contest the basis of the determination. |
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| 1 | | (e) Nothing in this Act shall be construed to create or | 2 | | imply a cause of action under this Act for any person against | 3 | | an employer for: | 4 | | (1) actions taken pursuant to an employer's reasonable | 5 | | workplace drug policy that complies with the Right to | 6 | | Privacy in the Workplace Act , including but not limited | 7 | | to subjecting an employee or applicant to reasonable drug | 8 | | and alcohol testing, reasonable and nondiscriminatory | 9 | | random drug testing, and discipline, termination of | 10 | | employment, or withdrawal of a job offer due to a failure | 11 | | of a drug test ; | 12 | | (2) actions based on the employer's good faith belief | 13 | | that an employee used or possessed cannabis in the | 14 | | employer's workplace or while performing the employee's | 15 | | job duties or while on call in violation of the employer's | 16 | | employment policies; | 17 | | (3) actions, including discipline or termination of | 18 | | employment, based on the employer's good faith belief that | 19 | | an employee was impaired as a result of the use of | 20 | | cannabis, or under the influence of cannabis, while at the | 21 | | employer's workplace or while performing the employee's | 22 | | job duties or while on call in violation of the employer's | 23 | | workplace drug policy; or | 24 | | (4) injury, loss, or liability to a third party if the | 25 | | employer neither knew nor had reason to know that the | 26 | | employee was impaired. |
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| 1 | | (f) Nothing in this Act shall be construed to enhance or | 2 | | diminish protections afforded by any other law, including but | 3 | | not limited to the Compassionate Use of Medical Cannabis | 4 | | Program Act or the Opioid Alternative Pilot Program. | 5 | | (g) Nothing in this Act shall be construed to interfere | 6 | | with any federal, State, or local restrictions on employment | 7 | | including, but not limited to, the United States Department of | 8 | | Transportation regulation 49 CFR 40.151(e) or impact an | 9 | | employer's ability to comply with federal or State law or | 10 | | cause it to lose a federal or State contract or funding. | 11 | | (h) As used in this Section, "workplace" means the | 12 | | employer's premises, including any building, real property, | 13 | | and parking area under the control of the employer or area used | 14 | | by an employee while in the performance of the employee's job | 15 | | duties, and vehicles, whether leased, rented, or owned. | 16 | | "Workplace" may be further defined by the employer's written | 17 | | employment policy, provided that the policy is consistent with | 18 | | this Section. | 19 | | (i) For purposes of this Section, an employee is deemed | 20 | | "on call" when such employee is scheduled with at least 24 | 21 | | hours' notice by his or her employer to be on standby or | 22 | | otherwise responsible for performing tasks related to his or | 23 | | her employment either at the employer's premises or other | 24 | | previously designated location by his or her employer or | 25 | | supervisor to perform a work-related task.
| 26 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)"; |
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| 1 | | and | 2 | | on page 1, by deleting lines 5 and 6; and | 3 | | on page 2, by replacing lines 18 through 24 with the following: | 4 | | " Except as provided in paragraphs (1) and (2), nothing in | 5 | | this Act prohibits an employer from (i) enforcing a | 6 | | pre-employment drug testing policy, random drug testing | 7 | | policy, or zero-tolerance or drug-free workplace policy or | 8 | | from disciplining an employee or withdrawing a job offer from | 9 | | an applicant for violating such a policy; (ii) disciplining or | 10 | | discharging an employee whose use of a lawful product | 11 | | adversely affects or impairs the employee's job performance, | 12 | | conduct, or ability to safely perform the assigned job duties | 13 | | in the employer's workplace during working hours or hours the | 14 | | individual is on call; or (iii) implementing and enforcing | 15 | | workplace policies regarding the possession, use, or | 16 | | impairment of lawful products in the employer's workplace | 17 | | during working hours or hours the individual is on call. "; and | 18 | | on page 3, line 25, after " firearm ", by inserting " or working | 19 | | for a law enforcement agency in a capacity that impacts the | 20 | | safety of others "; and | 21 | | on page 4, line 14, by replacing " State " with " public "; and |
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| 1 | | on page 4, line 15, after " incapacity ", by inserting " , | 2 | | compromise, "; and | 3 | | on page 4, lines 24 and 25, by replacing "is a non-profit | 4 | | organization that" with " is a non-profit organization that ".
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