Rep. Bob Morgan

Filed: 2/24/2022





10200HB4116ham003LRB102 19297 SPS 36903 a


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



10200HB4116ham003- 2 -LRB102 19297 SPS 36903 a

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.



10200HB4116ham003- 3 -LRB102 19297 SPS 36903 a

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.



10200HB4116ham003- 4 -LRB102 19297 SPS 36903 a

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.)";



10200HB4116ham003- 5 -LRB102 19297 SPS 36903 a

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



10200HB4116ham003- 6 -LRB102 19297 SPS 36903 a

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".