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, 
3with reference to page and line numbers of House Amendment No. 
42, as follows:


5on page 1, line 4, by replacing "(410 ILCS 705/10-50 rep.)" 
6with the following:

7 "Section 5. The Cannabis Regulation and Tax Act is amended 
8by 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 
12adopting reasonable zero tolerance or drug free workplace 
13policies, or employment policies concerning drug testing, 
14smoking, consumption, storage, or use of cannabis in the 
15workplace or while on call provided that the policy is applied 
 
 
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1in a nondiscriminatory manner.
2 (b) Nothing in this Act shall require an employer to 
3permit an employee to be under the influence of or use cannabis 
4in the employer's workplace or while performing the employee's 
5job duties or while on call.
6 (c) Nothing in this Act shall limit or prevent an employer 
7from disciplining an employee or terminating employment of an 
8employee for violating an employer's employment policies or 
9workplace drug policy.
10 (d) An employer may consider an employee to be impaired or 
11under the influence of cannabis if the employer has a good 
12faith belief that an employee manifests specific, articulable 
13symptoms while working that decrease or lessen the employee's 
14performance of the duties or tasks of the employee's job 
15position, including symptoms of the employee's speech, 
16physical dexterity, agility, coordination, demeanor, 
17irrational or unusual behavior, or negligence or carelessness 
18in operating equipment or machinery; disregard for the safety 
19of the employee or others, or involvement in any accident that 
20results in serious damage to equipment or property; disruption 
21of a production or manufacturing process; or carelessness that 
22results in any injury to the employee or others. If an employer 
23elects to discipline an employee on the basis that the 
24employee is under the influence or impaired by cannabis, the 
25employer must afford the employee a reasonable opportunity to 
26contest the basis of the determination. 
 
 
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1 (e) Nothing in this Act shall be construed to create or 
2imply a cause of action under this Act for any person against 
3an 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 
2diminish protections afforded by any other law, including but 
3not limited to the Compassionate Use of Medical Cannabis 
4Program Act or the Opioid Alternative Pilot Program.
5 (g) Nothing in this Act shall be construed to interfere 
6with any federal, State, or local restrictions on employment 
7including, but not limited to, the United States Department of 
8Transportation regulation 49 CFR 40.151(e) or impact an 
9employer's ability to comply with federal or State law or 
10cause it to lose a federal or State contract or funding.
11 (h) As used in this Section, "workplace" means the 
12employer's premises, including any building, real property, 
13and parking area under the control of the employer or area used 
14by an employee while in the performance of the employee's job 
15duties, and vehicles, whether leased, rented, or owned. 
16"Workplace" may be further defined by the employer's written 
17employment policy, provided that the policy is consistent with 
18this Section.
19 (i) For purposes of this Section, an employee is deemed 
20"on call" when such employee is scheduled with at least 24 
21hours' notice by his or her employer to be on standby or 
22otherwise responsible for performing tasks related to his or 
23her employment either at the employer's premises or other 
24previously designated location by his or her employer or 
25supervisor 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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1and

2on page 1, by deleting lines 5 and 6; and

3on page 2, by replacing lines 18 through 24 with the following:
4 "Except as provided in paragraphs (1) and (2), nothing in 
5this Act prohibits an employer from (i) enforcing a 
6pre-employment drug testing policy, random drug testing 
7policy, or zero-tolerance or drug-free workplace policy or 
8from disciplining an employee or withdrawing a job offer from 
9an applicant for violating such a policy; (ii) disciplining or 
10discharging an employee whose use of a lawful product 
11adversely affects or impairs the employee's job performance, 
12conduct, or ability to safely perform the assigned job duties 
13in the employer's workplace during working hours or hours the 
14individual is on call; or (iii) implementing and enforcing 
15workplace policies regarding the possession, use, or 
16impairment of lawful products in the employer's workplace 
17during working hours or hours the individual is on call."; and

18on page 3, line 25, after "firearm", by inserting "or working 
19for a law enforcement agency in a capacity that impacts the 
20safety of others"; and

21on page 4, line 14, by replacing "State" with "public"; and

 
 
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1on page 4, line 15, after "incapacity", by inserting ", 
2compromise,"; and

3on page 4, lines 24 and 25, by replacing "is a non-profit 
4organization that" with "is a non-profit organization that".