99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3455
 
Introduced , by Rep. Charles E. Meier
 
SYNOPSIS AS INTRODUCED:
 

 
5 ILCS 430/99-15 new
305 ILCS 5/11-32 new

     Amends the State Officials and Employees Ethics Act. Requires random substance abuse testing for every employee, appointee, and officer in the State. Requires the Department of Central Management Services to develop and implement this testing by rule, including disciplinary measures and compliance. Provides that if an elected official tests positive for substance abuse, he or she shall have his or her compensation withheld until such time as he or she is re-tested and tests negative for substance abuse. Requires the Department of Central Management Services to submit an annual report on the testing program that includes: (1) the number of individuals tested, the substances tested for, and the results of testing;(2) the costs of the testing; and (3) discipline, if any, that had been imposed. Adds corresponding provisions in the Illinois Public Aid Code that apply to recipients of financial aid under the Code. Effective immediately.
  


LRB099 07569 JLK 27696 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB3455LRB099 07569 JLK 27696 b


  
1    AN ACT concerning government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The State Officials and Employees Ethics Act is 
5amended by adding Section 99-15 as follows:
 
6    (5 ILCS 430/99-15 new)
7    Sec. 99-15. Random substance abuse testing.
8    (a) Notwithstanding any other provision of law, every 
9employee, appointee, and officer governed under this Act is 
10subject to random substance abuse testing. The Department of 
11Central Management Services shall by rule develop and implement 
12the testing required under this Section.
13    (b) An employee, appointee, or officer who tests positive 
14shall be disciplined in a manner determined by the Department 
15of Central Management Services by rule. If an elected official 
16tests positive under this Section, he or she shall have his or 
17her compensation withheld until such time as he or she is 
18re-tested and tests negative for substance abuse.
19    (c) An individual shall not be considered to have tested 
20positive for substance abuse until the sample has been 
21re-tested to rule out a false positive using the same sample 
22obtained in the original test. The Department of Central 
23Management Services may by rule exempt an individual from 
 
 
HB3455- 2 -LRB099 07569 JLK 27696 b

1substance abuse testing required under this Section if the 
2individual has been ordered to participate, and is 
3participating, in a substance abuse rehabilitation program.
4    (d) Failure to comply with substance abuse testing under 
5this Section shall be disciplined in a manner determined by the 
6Department of Central Management Services by rule.
7    (e) The Department of Central Management Services shall 
8submit an annual report on the testing program under this 
9Section to the General Assembly. The report shall include, but 
10not be limited to, the following:
11        (1) the number of individuals tested, the substances 
12    tested for, and the results of testing;
13        (2) the costs of the testing; and
14        (3) discipline, if any, that had been imposed on 
15    employees, appointees, and officers under this Section.
 
16    Section 10. The Illinois Public Aid Code is amended  by 
17adding Section 11-32 as follows:
 
18    (305 ILCS 5/11-32 new)
19    Sec. 11-32. Random substance abuse testing.
20    (a) Notwithstanding any other provision of law, every 
21recipient of financial aid under this Code is subject to random 
22substance abuse testing as a condition for assistance under a 
23program under this Code. The Department of Human Services shall 
24by rule develop and implement the testing required under this 
 
 
HB3455- 3 -LRB099 07569 JLK 27696 b

1Act.
2    (b) A recipient of financial aid who tests positive shall 
3agree to and participate in substance abuse assessment and 
4shall comply with a required substance abuse treatment plan 
5developed by the Department of Human Services by rule.
6    (c) An individual shall not be considered to have tested 
7positive for substance abuse until the sample has been 
8re-tested to rule out a false positive using the same sample 
9obtained in the original test. The Department of Human Services 
10may by rule exempt an individual from substance abuse testing 
11required under this Section if the individual has been ordered 
12to participate, and is participating, in a substance abuse 
13rehabilitation program.
14    (d) Failure to comply with substance abuse testing under 
15this Section shall be penalized in a manner determined by the 
16Department of Human Services by rule.
17    (e) The Department of Human Services shall submit an annual 
18report on the testing program under this Section to the General 
19Assembly. The report shall include, but not be limited to, the 
20following:
21        (1) the number of individuals tested, the substances 
22    tested for, the results of testing, and the number of 
23    referrals for treatment;
24        (2) the costs of the testing and the resulting 
25    treatment;
26        (3) penalties, if any, that had been imposed on 
 
 
HB3455- 4 -LRB099 07569 JLK 27696 b

1    recipients of financial assistance under this Section; and
2        (4) the percentage and number of households receiving 
3    financial assistance under this Code who has tested 
4    positive for substance abuse under this Section.
 
 
5    Section 99. Effective date. This Act takes effect upon 
6becoming law.