Bill Text: IL SB3136 | 2017-2018 | 100th General Assembly | Veto Message
Bill Title: Amends the State Police Act and the Unified Code of Corrections. Provides that any person employed by the Department of State Police or the Department of Corrections who tests positive in accordance with established Departmental drug testing procedures for any substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act may (rather than shall) be discharged from employment. Provides that refusal to submit to a drug test, ordered in accordance with Departmental procedures, by any person employed by the respective Department may (rather than shall) be construed as a positive test, and the person shall be discharged from employment. Provides the changes made to these provisions shall apply to all pending and future incidents. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2018-11-29 - Public Act . . . . . . . . . 100-1130 [SB3136 Detail]
Download: Illinois-2017-SB3136-Veto_Message.html
August 24, 2018
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
Today, I return Senate Bill 3136 with specific recommendations for change.
This legislation would give the State Police Merit Board more discretion in determining what circumstances merit termination when a state police or corrections officer tests positive for cannabis use. Current law mandates that an officer found to have ingested cannabis must be discharged from employment if their drug test is positive for marijuana use. However, in the changing legal landscape surrounding marijuana use, certain circumstances may justify an officer keeping their job despite a positive drug test, such as medical use pursuant to a prescription. Further there may be an increased potential for the unknowing or unintentional ingestion of cannabis as marijuana-containing food products become more prevalent.
These new circumstances form a compelling reason to give more discretion to the Merit Board in determining when the termination of an officer for marijuana use is warranted. However, the recreational use of marijuana is still illegal in the State of Illinois and our law enforcement officers should be held to the highest standards of behavior outside of the narrow situations where consumption was legal or inadvertent.
Therefore, pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 3136, entitled “AN ACT concerning State government,” with the following specific recommendations for change:
On page 1, replace lines 10-17 with the following:
“procedures for any substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall be discharged from employment unless the person presents credible evidence that the positive test result was due to use or consumption of a substance prohibited by the Cannabis Control Act that was (1) authorized or otherwise legal under applicable Illinois law, or (2) unknowing or unintentional, in which case the person may be discharged from employment if such use or consumption was in violation of established Department policy. Refusal to submit to a drug test,”; and
On page 2, by replacing lines 8 through 15 with the following:
“drug testing procedures for any substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall be discharged from employment unless the person presents credible evidence that the positive test result was due to use or consumption of a substance prohibited by the Cannabis Control Act that was (1) authorized or otherwise legal under applicable Illinois law, or (2) unknowing or unintentional, in which case the person may be discharged from employment if such use or consumption was in violation of established Department policy. Refusal to submit to a drug test,”.
With these changes, Senate Bill 3136 will have my approval. I respectfully request your concurrence.
Sincerely,
Bruce Rauner
GOVERNOR
