HB3583eng 95TH GENERAL ASSEMBLY

HB3583 Engrossed LRB095 07008 DRH 27127 b

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Section 6-106c as follows:

(625 ILCS 5/6-106c new)

Sec. 6-106c. Reasonable suspicion alcohol testing.

(a) If an employer has reasonable suspicion to believe that a school bus driver is under the influence of alcohol, cannabis, any controlled substances listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or any intoxicating compound listed in the Use of Intoxicating Compounds Act, the employer may require that the school bus driver submit to an alcohol or drug test or both at a licensed testing facility before the driver is allowed to drive a school bus. The employer's determination that reasonable suspicion exists to require the driver to submit to an alcohol or drug test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.

(b) Alcohol or drug testing is authorized by this Section only if the observations required in subsection (a) of this Section are made during, just preceding, or just after the time the school bus driver was on duty.

(c) If the school bus driver refuses to submit to testing or submits to a test that discloses an alcohol concentration of more than 0.00, or any amount of cannabis, any controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or any intoxicating compound listed in the Use of Intoxicating Compounds Act, the employer shall immediately notify the Secretary of State in a form and manner designated by the Secretary of State.

(d) The Secretary of State shall cancel a school bus driver permit upon receiving notice that the holder has refused to submit to an alcohol or drug test or has submitted to a test that discloses an alcohol concentration of more than 0.00, or any amount of cannabis, any controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or any intoxicating compound listed in the Use of Intoxicating Compounds Act.

(e) A person whose privilege to possess a school bus permit has been cancelled under subsection (d) of this Section shall not be eligible for restoration of the privilege until the expiration of 3 years from the effective date of the cancellation.

(f) Within 24 hours of the observed behavior, a written record in a form and manner designated by the Secretary shall be made of the observations leading to an alcohol or other drugs reasonable suspicion test and signed by the supervisor or company official who made the observations. This written record shall also be submitted to the Secretary of State within 48 hours of the observed behavior.