HB3455ham001 99TH GENERAL ASSEMBLY

Rep. Charles E. Meier

Filed: 3/19/2015

09900HB3455ham001 LRB099 07569 JLK 32930 a

AMENDMENT TO HOUSE BILL 3455

AMENDMENT NO. ______. Amend House Bill 3455 by replacing everything after the enacting clause with the following:

"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 executive branch constitutional officer and member of the General Assembly 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 executive branch constitutional officer or member of the General Assembly who tests positive shall be disciplined in a manner determined by the Department of Central Management Services by rule, and 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 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 executive branch constitutional officers and members of the General Assembly under this Section.

Section 99. Effective date. This Act takes effect upon becoming law.".