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Rep. Lisa M. Dugan
Filed: 3/22/2007
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09500HB3583ham001 |
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LRB095 07008 DRH 32799 a |
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| AMENDMENT TO HOUSE BILL 3583
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| AMENDMENT NO. ______. Amend House Bill 3583 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by adding |
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| Section 6-106c as follows:
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| (625 ILCS 5/6-106c new) |
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| Sec. 6-106c. Reasonable suspicion alcohol testing. |
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| (a) If an employer has reasonable suspicion to believe that |
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| a school bus driver is under the influence of alcohol, |
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| cannabis, any controlled substances listed in the Illinois |
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| Controlled Substances Act, methamphetamine as listed in the |
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| Methamphetamine Control and Community Protection Act, or any |
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| intoxicating compound listed in the Use of Intoxicating |
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| Compounds Act, the employer may require that the school bus |
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| driver submit to an alcohol or drug test or both at a licensed |
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| testing facility before the driver is allowed to drive a school |
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09500HB3583ham001 |
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LRB095 07008 DRH 32799 a |
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| bus. The employer's determination that reasonable suspicion |
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| exists to require the driver to submit to an alcohol or drug |
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| test must be based on specific, contemporaneous, articulable |
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| observations concerning the appearance, behavior, speech, or |
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| body odors of the driver. |
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| (b) Alcohol or drug testing is authorized by this Section |
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| only if the observations required in subsection (a) of this |
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| Section are made during, just preceding, or just after the time |
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| the school bus driver was on duty. |
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| (c) If the school bus driver refuses to submit to testing |
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| or submits to a test that discloses an alcohol concentration of |
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| more than 0.00, or any amount of cannabis, any controlled |
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| substance listed in the Illinois Controlled Substances Act, |
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| methamphetamine as listed in the Methamphetamine Control and |
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| Community Protection Act, or any intoxicating compound listed |
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| in the Use of Intoxicating Compounds Act, the employer shall |
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| immediately notify the Secretary of State in a form and manner |
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| designated by the Secretary of State. |
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| (d) The Secretary of State shall cancel a school bus driver |
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| permit upon receiving notice that the holder has refused to |
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| submit to an alcohol or drug test or has submitted to a test |
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| that discloses an alcohol concentration of more than 0.00, or |
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| any amount of cannabis, any controlled substance listed in the |
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| Illinois Controlled Substances Act, methamphetamine as listed |
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| in the Methamphetamine Control and Community Protection Act, or |
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| any intoxicating compound listed in the Use of Intoxicating |
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09500HB3583ham001 |
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LRB095 07008 DRH 32799 a |
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| Compounds Act. |
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| (e) A person whose privilege to possess a school bus permit |
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| has been cancelled under subsection (d) of this Section shall |
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| not be eligible for restoration of the privilege until the |
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| expiration of 3 years from the effective date of the |
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| cancellation. |
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| (f) Within 24 hours of the observed behavior, a written |
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| record in a form and manner designated by the Secretary shall |
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| be made of the observations leading to an alcohol or other |
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| drugs reasonable suspicion test and signed by the supervisor or |
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| company official who made the observations. This written record |
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| shall also be submitted to the Secretary of State within 48 |
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| hours of the observed behavior.".
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