Illinois 102nd Regular Session Status: Died 14 D cosponsors

HB 4116 — RIGHT TO PRIVACY-DRUG TEST

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. Died in session

This bill died with 102nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Right to Privacy in the Workplace Act. Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. Effective immediately. House Committee Amendment No. 2 Adds reference to: 410 ILCS 705/10-50 rep. Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Amends the Cannabis Regulation and Tax Act. Repeals provisions concerning employment and employer liability. Amends the Right to Privacy in the Workplace Act. Defines terms. Provides that discharge for the presence of tetrahydrocannabinol is permissible if the employee works in a safety sensitive position, if the employee demonstrates impairment, or if the test results for tetrahydrocannabinol exceeds the limits under specified provisions of the Illinois Vehicle Code. Replaces references to "cannabis" with "tetrahydrocannabinol" and "premises" with "workplace". Provides that nothing in the Act prohibits an employer from enforcing a pre-employment drug testing policy, random drug testing policy, or a drug-free workplace policy or from disciplining an employee or withdrawing a job offer to an applicant for violating such policy if the policy is applied to employees working in safety sensitive positions. Removes the effective date. Makes other changes. House Floor Amendment No. 3 Deletes reference to: 410 ILCS 705/10-50 rep. Adds reference to: 410 ILCS 705/10-50 Further amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act shall be construed to create or imply a cause of action under the Act for any person against an employer for actions taken pursuant to an employer's workplace drug policy that complies with the Right to Privacy in the Workplace Act. Removes specified provisions concerning employment and employer liability. Removes the repeal provision. Amends the Right to Privacy in the Workplace Act. Provides that nothing in the Act prohibits an employer from disciplining or discharging an employee whose use of a lawful product adversely affects or impairs the employee's job performance, conduct, or ability to safely perform the assigned job duties in the employer's workplace during working hours or hours the individual is on call or implementing and enforcing workplace policies regarding the possession, use, or impairment of lawful products in the employer's workplace during working hours or hours the individual is on call. Provides that specified provisions do not apply to any employer (rather than any employer that is a non-profit organization) that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. Provides that the definition of "safety sensitive position" includes a position working for a law enforcement agency in a capacity that impacts the safety of others. Provides that the definition of "critical services and infrastructure" means physical and cyber systems and assets that are so vital to the public (rather than State) that their incapacity, compromise, or destruction (rather than incapacity or destruction) would have a debilitating impact on physical or economic security, public health, or safety. Senate Committee Amendment No. 1 Provides that the term "safety sensitive position" includes a position that requires working around heavy machinery in a manufacturing facility.

Bill Text

Amendments

4 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Session Sine Die

  2. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  3. Added as Alternate Co-Sponsor Sen. Jacqueline Y. Collins

  4. Placed on Calendar Order of 3rd Reading

  5. Second Reading

  6. Placed on Calendar Order of 2nd Reading

  7. Do Pass as Amended Executive; 010-004-002

  8. Waive Posting Notice

  9. Rule 2-10 Third Reading Deadline Established As April 8, 2022

  10. Added as Alternate Co-Sponsor Sen. Mike Simmons

  11. Postponed - Executive

  12. Senate Committee Amendment No. 1 Adopted

  13. Senate Committee Amendment No. 1 Assignments Refers to Executive

  14. Rule 2-10 Committee Deadline Established As April 4, 2022

  15. Senate Committee Amendment No. 1 Referred to Assignments

  16. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Robert Peters

  17. Assigned to Executive

  18. Referred to Assignments

  19. First Reading

  20. Chief Senate Sponsor Sen. Robert Peters

  21. Placed on Calendar Order of First Reading

  22. Arrive in Senate

  23. Added Co-Sponsor Rep. Sonya M. Harper

  24. Third Reading - Short Debate - Passed 061-041-001

  25. Placed on Calendar Order of 3rd Reading - Short Debate

  26. House Floor Amendment No. 3 Adopted

  27. Held on Calendar Order of Second Reading - Short Debate

  28. Second Reading - Short Debate

  29. House Floor Amendment No. 3 Recommends Be Adopted Labor & Commerce Committee; 015-011-000

  30. Added Co-Sponsor Rep. Nicholas K. Smith

  31. Added Co-Sponsor Rep. Eva-Dina Delgado

  32. Added Co-Sponsor Rep. Barbara Hernandez

  33. Added Co-Sponsor Rep. Elizabeth Hernandez

  34. House Floor Amendment No. 3 Rules Refers to Labor & Commerce Committee

  35. Added Co-Sponsor Rep. Jonathan Carroll

  36. Added Co-Sponsor Rep. Mark L. Walker

  37. Added Co-Sponsor Rep. Will Guzzardi

  38. House Floor Amendment No. 3 Referred to Rules Committee

  39. House Floor Amendment No. 3 Filed with Clerk by Rep. Bob Morgan

  40. Added Co-Sponsor Rep. Carol Ammons

  41. Placed on Calendar 2nd Reading - Short Debate

  42. Do Pass as Amended / Short Debate Labor & Commerce Committee; 015-012-000

  43. House Committee Amendment No. 1 Tabled Pursuant to Rule 40

  44. House Committee Amendment No. 2 Adopted in Labor & Commerce Committee; by Voice Vote

  45. House Committee Amendment No. 2 Rules Refers to Labor & Commerce Committee

  46. House Committee Amendment No. 2 Referred to Rules Committee

  47. House Committee Amendment No. 2 Filed with Clerk by Rep. Bob Morgan

  48. Added Chief Co-Sponsor Rep. Aaron M. Ortiz

  49. House Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee

  50. House Committee Amendment No. 1 Referred to Rules Committee

  51. House Committee Amendment No. 1 Filed with Clerk by Rep. Bob Morgan

  52. Added Chief Co-Sponsor Rep. Marcus C. Evans, Jr.

  53. Assigned to Labor & Commerce Committee

  54. Referred to Rules Committee

  55. First Reading

  56. Added Chief Co-Sponsor Rep. Kelly M. Cassidy

  57. Added Chief Co-Sponsor Rep. Kambium Buckner

  58. Filed with the Clerk by Rep. Bob Morgan

Sponsors

Sponsorship breakdown

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2 sponsors · 15 co-sponsors · 166 not signed on · 27 voted No

Sponsors (2)

Co-sponsors (15)

Not signed on (166)

166 members have not signed on to this bill.

Show all 166 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 61 Yea · 41 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 161408
Republican 02204
Democrat 45504
Total 6141016
% of votes cast 52%35%0%14%
How each member voted (118)
Member Party Vote
Durkin — Nay
Mazzochi — Nay
Wheeler — Nay
Frese — Nay
Yednock — Nay
Hurley — Not Voting
Ozinga — Not Voting
Hamilton — Not Voting
Brady — Not Voting
Sommer — Not Voting
Welter — Not Voting
Yingling — Not Voting
Robinson — Not Voting
Nichols — Yea
Ramirez — Yea
Harris — Yea
Burke — Yea
Carroll — Yea
Jones — Yea
Conroy — Yea
Stoneback — Yea
Davis — Yea
Flowers — Yea
Willis — Yea
Zalewski — Yea
Greenwood — Yea
Batinick — Nay
Bennett — Nay
Bos — Nay
Bourne — Nay
Butler — Nay
Caulkins — Nay
Luft — Nay
Marron — Nay
Demmer — Nay
Costa Howard — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Aarón M. Ortíz Democrat Yea
Angelica Guerrero-Cuellar Democrat Not Voting
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Nay
Barbara Hernandez Democrat Not Voting
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Nay
Debbie Meyers-Martin Democrat Yea
Edgar González, Jr. Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Kam Buckner Democrat Not Voting
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Nay
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael J. Kelly Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Nay
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Not Voting
Robyn Gabel Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Adam M. Niemerg Republican Nay
Amy Elik Republican Nay
Amy L. Grant Republican Nay
Andrew S. Chesney Republican Nay
Blaine Wilhour Republican Nay
Brad Halbrook Republican Not Voting
Brad Stephens Republican Nay
Charles Meier Republican Not Voting
Chris Miller Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Dan Swanson Republican Nay
Daniel J. Ugaste Republican Nay
Dave Severin Republican Nay
David Friess Republican Nay
Jackie Haas Republican Nay
Jeff Keicher Republican Nay
Joe C. Sosnowski Republican Nay
Martin McLaughlin Republican Not Voting
Norine K. Hammond Republican Nay
Patrick Windhorst Republican Nay
Paul Jacobs Republican Nay
Ryan Spain Republican Not Voting
Seth Lewis Republican Nay
Steven Reick Republican Nay
Tom Weber Republican Nay
Tony M. McCombie Republican Nay

Subjects

public-safety labor
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Frequently asked questions

What does HB 4116 do?
Amends the Right to Privacy in the Workplace Act. Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. Effective immediately. House Committee Amendment No. 2 Adds reference to: 410 ILCS 705/10-50 rep. Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Amends the Cannabis Regulation and Tax Act. Repeals provisions concerning employment and employer liability. Amends the Right to Privacy in the Workplace Act. Defines terms. Provides that discharge for the presence of tetrahydrocannabinol is permissible if the employee works in a safety sensitive position, if the employee demonstrates impairment, or if the test results for tetrahydrocannabinol exceeds the limits under specified provisions of the Illinois Vehicle Code. Replaces references to "cannabis" with "tetrahydrocannabinol" and "premises" with "workplace". Provides that nothing in the Act prohibits an employer from enforcing a pre-employment drug testing policy, random drug testing policy, or a drug-free workplace policy or from disciplining an employee or withdrawing a job offer to an applicant for violating such policy if the policy is applied to employees working in safety sensitive positions. Removes the effective date. Makes other changes. House Floor Amendment No. 3 Deletes reference to: 410 ILCS 705/10-50 rep. Adds reference to: 410 ILCS 705/10-50 Further amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act shall be construed to create or imply a cause of action under the Act for any person against an employer for actions taken pursuant to an employer's workplace drug policy that complies with the Right to Privacy in the Workplace Act. Removes specified provisions concerning employment and employer liability. Removes the repeal provision. Amends the Right to Privacy in the Workplace Act. Provides that nothing in the Act prohibits an employer from disciplining or discharging an employee whose use of a lawful product adversely affects or impairs the employee's job performance, conduct, or ability to safely perform the assigned job duties in the employer's workplace during working hours or hours the individual is on call or implementing and enforcing workplace policies regarding the possession, use, or impairment of lawful products in the employer's workplace during working hours or hours the individual is on call. Provides that specified provisions do not apply to any employer (rather than any employer that is a non-profit organization) that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. Provides that the definition of "safety sensitive position" includes a position working for a law enforcement agency in a capacity that impacts the safety of others. Provides that the definition of "critical services and infrastructure" means physical and cyber systems and assets that are so vital to the public (rather than State) that their incapacity, compromise, or destruction (rather than incapacity or destruction) would have a debilitating impact on physical or economic security, public health, or safety. Senate Committee Amendment No. 1 Provides that the term "safety sensitive position" includes a position that requires working around heavy machinery in a manufacturing facility.
Who sponsors HB 4116?
HB 4116 is sponsored by Bob Morgan (Democrat), Kam Buckner (Democrat), Kelly M. Cassidy (Democrat), Marcus C. Evans, Jr. (Democrat), Aarón M. Ortíz (Democrat), Carol Ammons (Democrat), Will Guzzardi (Democrat), Mark L. Walker (Democrat), Jonathan Carroll, Simmons, Mike, Barbara Hernandez (Democrat), Eva-Dina Delgado (Democrat), Nicholas K. Smith (Democrat), Sonya M. Harper (Democrat), Robert Peters (Democrat), Jacqueline Y. Collins, and Elizabeth "Lisa" Hernandez (Democrat).
What is the current status of HB 4116?
This bill died with 102nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4116?
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