Bill Text: IL HB5602 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5602 Detail]

Download: Illinois-2013-HB5602-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5602 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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by adding Section 99-15 as follows:
(5 ILCS 430/99-15 new)
Sec. 99-15. Random substance abuse testing.
(a) Notwithstanding any other provision of law, every
employee, appointee, and officer governed under this Act is
subject to random substance abuse testing. The Department of
Central Management Services shall by rule develop and implement
the testing required under this Section.
(b) An employee, appointee, or officer who tests positive
shall be disciplined in a manner determined by the Department
of Central Management Services by rule. If an elected official
tests positive under this Section, 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.
(c) An individual shall not be considered to have tested
positive for substance abuse until the sample has been
re-tested to rule out a false positive using the same sample
obtained in the original test. The Department of Central
Management Services may by rule exempt an individual from

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substance abuse testing required under this Section if the
individual has been ordered to participate, and is
participating, in a substance abuse rehabilitation program.
(d) Failure to comply with substance abuse testing under
this Section shall be disciplined in a manner determined by the
Department of Central Management Services by rule.
(e) The Department of Central Management Services shall
submit an annual report on the testing program under this
Section to the General Assembly. The report shall include, but
not be limited to, the following:
(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 on
employees, appointees, and officers under this Section.
Section 10. The Illinois Public Aid Code is amended by
adding Section 11-32 as follows:
(305 ILCS 5/11-32 new)
Sec. 11-32. Random substance abuse testing.
(a) Notwithstanding any other provision of law, every
recipient of financial aid under this Code is subject to random
substance abuse testing as a condition for assistance under a
program under this Code. The Department of Human Services shall
by rule develop and implement the testing required under this

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Act.
(b) A recipient of financial aid who tests positive shall
agree to and participate in substance abuse assessment and
shall comply with a required substance abuse treatment plan
developed by the Department of Human Services by rule.
(c) An individual shall not be considered to have tested
positive for substance abuse until the sample has been
re-tested to rule out a false positive using the same sample
obtained in the original test. The Department of Human Services
may by rule exempt an individual from substance abuse testing
required under this Section if the individual has been ordered
to participate, and is participating, in a substance abuse
rehabilitation program.
(d) Failure to comply with substance abuse testing under
this Section shall be penalized in a manner determined by the
Department of Human Services by rule.
(e) The Department of Human Services shall submit an annual
report on the testing program under this Section to the General
Assembly. The report shall include, but not be limited to, the
following:
(1) the number of individuals tested, the substances
tested for, the results of testing, and the number of
referrals for treatment;
(2) the costs of the testing and the resulting
treatment;
(3) penalties, if any, that had been imposed on

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