HB3583ham001 95TH GENERAL ASSEMBLY

Rep. Lisa M. Dugan

Filed: 3/22/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3583

2     AMENDMENT NO. ______. Amend House Bill 3583 by replacing
3 everything after the enacting clause with the following:
 
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.".