Rep. Lisa M. Dugan
Filed: 3/22/2007
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1 | AMENDMENT TO HOUSE BILL 3583
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2 | AMENDMENT NO. ______. Amend House Bill 3583 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by adding | ||||||
5 | Section 6-106c as follows: | ||||||
6 | (625 ILCS 5/6-106c new) | ||||||
7 | Sec. 6-106c. Reasonable suspicion alcohol testing. | ||||||
8 | (a) If an employer has reasonable suspicion to believe that | ||||||
9 | a school bus driver is under the influence of alcohol, | ||||||
10 | cannabis, any controlled substances listed in the Illinois | ||||||
11 | Controlled Substances Act, methamphetamine as listed in the | ||||||
12 | Methamphetamine Control and Community Protection Act, or any | ||||||
13 | intoxicating compound listed in the Use of Intoxicating | ||||||
14 | Compounds Act, the employer may require that the school bus | ||||||
15 | driver submit to an alcohol or drug test or both at a licensed | ||||||
16 | testing facility before the driver is allowed to drive a school |
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1 | bus. The employer's determination that reasonable suspicion | ||||||
2 | exists to require the driver to submit to an alcohol or drug | ||||||
3 | test must be based on specific, contemporaneous, articulable | ||||||
4 | observations concerning the appearance, behavior, speech, or | ||||||
5 | body odors of the driver. | ||||||
6 | (b) Alcohol or drug testing is authorized by this Section | ||||||
7 | only if the observations required in subsection (a) of this | ||||||
8 | Section are made during, just preceding, or just after the time | ||||||
9 | the school bus driver was on duty. | ||||||
10 | (c) If the school bus driver refuses to submit to testing | ||||||
11 | or submits to a test that discloses an alcohol concentration of | ||||||
12 | more than 0.00, or any amount of cannabis, any controlled | ||||||
13 | substance listed in the Illinois Controlled Substances Act, | ||||||
14 | methamphetamine as listed in the Methamphetamine Control and | ||||||
15 | Community Protection Act, or any intoxicating compound listed | ||||||
16 | in the Use of Intoxicating Compounds Act, the employer shall | ||||||
17 | immediately notify the Secretary of State in a form and manner | ||||||
18 | designated by the Secretary of State. | ||||||
19 | (d) The Secretary of State shall cancel a school bus driver | ||||||
20 | permit upon receiving notice that the holder has refused to | ||||||
21 | submit to an alcohol or drug test or has submitted to a test | ||||||
22 | that discloses an alcohol concentration of more than 0.00, or | ||||||
23 | any amount of cannabis, any controlled substance listed in the | ||||||
24 | Illinois Controlled Substances Act, methamphetamine as listed | ||||||
25 | in the Methamphetamine Control and Community Protection Act, or | ||||||
26 | any intoxicating compound listed in the Use of Intoxicating |
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1 | Compounds Act. | ||||||
2 | (e) A person whose privilege to possess a school bus permit | ||||||
3 | has been cancelled under subsection (d) of this Section shall | ||||||
4 | not be eligible for restoration of the privilege until the | ||||||
5 | expiration of 3 years from the effective date of the | ||||||
6 | cancellation. | ||||||
7 | (f) Within 24 hours of the observed behavior, a written | ||||||
8 | record in a form and manner designated by the Secretary shall | ||||||
9 | be made of the observations leading to an alcohol or other | ||||||
10 | drugs reasonable suspicion test and signed by the supervisor or | ||||||
11 | company official who made the observations. This written record | ||||||
12 | shall also be submitted to the Secretary of State within 48 | ||||||
13 | hours of the observed behavior. ".
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