Illinois General Assembly - Bill Status for HB0147

Amends the Illinois Vehicle Code. Provides that, if an employer has reasonable suspicion to believe that a school bus driver permit holder is under the influence of alcohol, drugs, or intoxicating compounds, the employer may require the driver to undergo testing at a licensed testing facility before driving any vehicle for which a school bus driver permit is required. Requires that the employer's reasonable suspicion be based on specific, contemporaneous observations of the appearance, behavior, speech, or body odors of the driver. Provides that the employer shall report the driver to the Secretary of State if the driver refuses testing or submits to testing that reveals the presence of alcohol, drugs, or intoxicating compounds. Sets reporting requirements for the employer. Provides that the Secretary shall suspend for a period of 3 years the school bus driver permit of a driver who refuses testing or tests positive for the presence of alcohol drugs or intoxicating compounds.

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that an employer of a school bus driver permit holder who holds a commercial driver's license and who works for the employer as a school bus driver and is therefore subject to 49 CFR 382.307 shall, within 48 hours, notify the Secretary of State, in a manner and form prescribed by the Secretary, of the result of a reasonable suspicion test when: (i) the test indicates an alcohol concentration greater than 0.00; (ii) the test discloses any amount of drugs; or (iii) when a driver refuses testing. Provides that a non-CDL holder who holds a school bus driver permit and his or her employer shall be subject to reasonable suspicion drug and alcohol testing. Provides that testing of non-CDL holders shall be in conformance with federal regulations, except that the results of the tests shall be reported in a manner and form approved by the Secretary of State instead of on federal forms. Provides that an applicant for a school bus driver permit must consent to the release of the results of reasonable suspicion drug and alcohol tests. Provides that the Secretary shall suspend for a period of 3 years the school bus driver permit of a driver who refuses testing or tests positive for the presence of alcohol drugs or intoxicating compounds. Sets reporting requirements for the employer. Effective January 1, 2012.

Provides that provisions regarding notification requirements go into effect when a test discloses "any amount of cannabis as covered by the Cannabis Control Act, a 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" (instead of "any amount of drugs"). Provides that the cost of a reasonable suspicion test shall be the responsibility of the employer, unless otherwise provided by contract or a collective bargaining agreement.

Provides that employers of school bus drivers with or without commercial driver's licenses shall notify the Secretary of State of the result of a reasonable suspicion test when the test indicates a positive result on a National Institute on Drug Abuse five-drug panel utilizing federal standards. Provides that the Secretary of State shall suspend a school bus driver permit for a period of 3 years upon receiving notice indicating that the permit holder yielded a positive result on a National Institute on Drug Abuse five-drug panel utilizing federal standards.

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