Sen. Randall M. Hultgren
Filed: 3/25/2009
 
 

 




 

 		












09600SB1594sam001

LRB096 10497 RLC 24442 a






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AMENDMENT TO SENATE BILL 1594 




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    AMENDMENT NO. ______. Amend Senate Bill 1594 by replacing 
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lines 19 through 26 on page 2 and lines 1 through 7 on page 3 
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with the following:
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    "Accidental injuries incurred while an employee is under 
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the influence of alcohol or any illegal  drugs, including, but 
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not limited to those listed in the Cannabis Control Act, a 
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controlled substance listed in the Illinois Controlled 
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Substances Act, or an intoxicating compound listed in the Use 
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of Intoxicating Compounds Act,  or by the combined influence of 
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alcohol and any drug or drugs, in violation of an applicable  
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work rule, collective bargaining agreement,  or employee policy 
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shall be rebuttably presumed to not arise out of nor in the 
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course of the employee's employment and the employee shall not 
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be entitled to benefits pursuant to this Act.  Evidence of the 
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concentration of alcohol or any concentration of a drug or 
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combination thereof in the employee's blood, urine, or breath 
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at the time alleged, as determined by analysis of the 
 


 






09600SB1594sam001
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LRB096 10497 RLC 24442 a




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employee's blood, urine, breath, or other bodily substance, 
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shall be admissible in any hearing to determine compensability 
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and shall serve as prima facie evidence to establish the 
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rebuttable presumption.  Testing procedures and threshold 
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levels concerning the presence of alcohol or drugs in an 
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employee's blood, urine, or breath  at the time alleged shall be 
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controlled by applicable work rules, collective bargaining 
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agreements, or employee policies.".