Full Text of SB2891 99th General Assembly
SB2891 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2891 Introduced 2/18/2016, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that nothing in the Act: prohibits employers from adopting workplace policies concerning the consumption, storage, or timekeeping requirements for qualifying patients related to the use of medical cannabis; prohibits employers from enforcing policies concerning the use or possession of drugs by employees; or limits an employer's ability to discipline an employee for failing a drug test, including, but not limited to, if failing to discipline such an employee would cause the employer to violate federal law or lose a federal contract or funding.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Compassionate Use of Medical Cannabis Pilot | 5 | | Program Act is amended by changing Section 50 as follows: | 6 | | (410 ILCS 130/50) | 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 50. Employment; employer liability.
| 9 | | (a) Nothing in this Act shall prohibit an employer from | 10 | | adopting reasonable regulations or workplace policies | 11 | | concerning the consumption, storage, or timekeeping | 12 | | requirements for qualifying patients related to the use of | 13 | | medical cannabis.
| 14 | | (b) Nothing in this Act shall prohibit an employer from | 15 | | enforcing a policy concerning the use or possession of drugs, | 16 | | drug testing, zero-tolerance, or a drug free workplace provided | 17 | | the policy is applied in a nondiscriminatory manner.
| 18 | | (c) Nothing in this Act shall limit an employer from | 19 | | disciplining a registered qualifying patient for violating a | 20 | | workplace drug policy.
| 21 | | (d) Nothing in this Act shall limit an employer's ability | 22 | | to discipline an employee for failing a drug test , including, | 23 | | but not limited to, if failing to do so would put the employer |
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| 1 | | in violation of federal law or cause it to lose a federal | 2 | | contract or funding.
| 3 | | (e) Nothing in this Act shall be construed to create a | 4 | | defense for a third party who fails a drug test.
| 5 | | (f) An employer may consider a registered qualifying | 6 | | patient to be impaired when he or she manifests specific, | 7 | | articulable symptoms while working that decrease or lessen his | 8 | | or her performance of the duties or tasks of the employee's job | 9 | | position, including symptoms of the employee's speech, | 10 | | physical dexterity, agility, coordination, demeanor, | 11 | | irrational or unusual behavior, negligence or carelessness in | 12 | | operating equipment or machinery, disregard for the safety of | 13 | | the employee or others, or involvement in an accident that | 14 | | results in serious damage to equipment or property, disruption | 15 | | of a production or manufacturing process, or carelessness that | 16 | | results in any injury to the employee or others. If an employer | 17 | | elects to discipline a qualifying patient under this | 18 | | subsection, it must afford the employee a reasonable | 19 | | opportunity to contest the basis of the determination.
| 20 | | (g) Nothing in this Act shall be construed to create or | 21 | | imply a cause of action for any person against an employer for: | 22 | | (1) actions based on the employer's good faith belief that a | 23 | | registered qualifying patient used or possessed cannabis while | 24 | | on the employer's premises or during the hours of employment; | 25 | | (2) actions based on the employer's good faith belief that a | 26 | | registered qualifying patient was impaired while working on the |
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| 1 | | employer's premises during the hours of employment; (3) injury | 2 | | or loss to a third party if the employer neither knew nor had | 3 | | reason to know that the employee was impaired.
| 4 | | (h) Nothing in this Act shall be construed to interfere | 5 | | with any federal restrictions on employment including but not | 6 | | limited to the United States Department of Transportation | 7 | | regulation 49 CFR 40.151(e).
| 8 | | (Source: P.A. 98-122, eff. 1-1-14.)
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