104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1738
 
Introduced 1/28/2025, by Rep. Jennifer Gong-Gershowitz
 
SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/6-40 new
    Amends the Liquor Control Act of 1934. Requires a bar to offer for sale or provide to the bar's customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of the devices or free of charge. Provides that the owner or owners of a bar shall not be held liable, either criminally or civilly, for a defective test or inaccurate test result, including a false positive or false negative test result. Requires the owner or owners of a bar to ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, according to the product label or product packaging or as otherwise recommended by the manufacturer. Requires the Illinois Liquor Control Commission to post on its website information about the requirements, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available. Authorizes rulemaking.


LRB104 06644 BDA 16680 b

 
 
A BILL FOR
 
HB1738LRB104 06644 BDA 16680 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by 
5adding Section 6-40 as follows:
 
6    (235 ILCS 5/6-40 new)
7    Sec. 6-40. Drug testing devices.
8    (a) In this Section:
9    "Bar" means a retail licensed establishment that is 
10devoted to the serving of alcoholic beverages for consumption 
11by guests on the premises and that derives no more than 10% of 
12its gross revenue from the sale of food consumed on the 
13premises. "Bar" includes, but is not limited to, taverns, 
14nightclubs, cocktail lounges, adult entertainment facilities, 
15and cabarets.
16    "Controlled substances" includes, but is not limited to, 
17flunitrazepam, ketamine, and gamma hydroxybutyric acid, also 
18known by other names, including GHB, gamma hydroxybutyrate, 
194-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and 
20sodium oxybutyrate.
21    "Drug testing devices" means test strips, stickers, 
22straws, and other devices designed to detect the presence of 
23controlled substances in a drink.
 
 
HB1738- 2 -LRB104 06644 BDA 16680 b

1    (b) A bar shall offer for sale to the bar's customers drug 
2testing devices at a cost not to exceed a reasonable amount 
3based on the wholesale cost of the devices. This subsection 
4does not prevent a bar from offering drug testing devices to 
5customers free of charge.
6    A bar shall post the following notice in a conspicuous 
7location: "Don't get roofied! Drink spiking drug test kits 
8available here. Ask a staff member for details.".
9    (c) The owner or owners of a bar shall not be held liable, 
10either criminally or civilly, for a defective test or 
11inaccurate test result, including a false positive or false 
12negative test result.
13    (d) The owner or owners of a bar shall ensure that all drug 
14testing devices offered to customers have not exceeded their 
15expiration date or recommended period of use, according to the 
16product label or product packaging or as otherwise recommended 
17by the manufacturer.
18    (e) The State Commission shall post on its website 
19information about the requirements of this Section, including, 
20but not limited to, the signage that is required to be posted 
21and the types of drug testing devices that are required to be 
22available. The State Commission shall adopt rules to implement 
23the requirements of this Section.