| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 29-A MRSA §2529 is enacted to read: |
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| §2529.__Commercial vehicle accidents |
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| | 1.__Implied consent.__A person who holds a commercial driver's | license has consented to the testing required by this section.__ | Consent is implied by operating a commercial motor vehicle. |
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| | 2.__Requirement.__In addition to any other chemical test | required by this subchapter, if there is probable cause to | believe that death has occurred or will occur as a result of a | motor vehicle accident, the operator of a commercial motor | vehicle involved in the accident shall provide a urine sample to | be tested for the use of drugs as soon as possible after the | accident. |
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| | 3.__Operator seriously injured.__A commercial motor vehicle | operator who is seriously injured and can not provide a specimen | at the time of the accident shall provide the necessary | authorization for obtaining hospital reports and other documents | that would indicate whether there were drugs in the operator's | system. |
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| | 4.__Drug testing.__The urine sample may be tested for drugs, | including, but not limited to, marijuana, opiates, cocaine, | amphetamines and phencyclidine by the Health and Environmental | Testing Laboratory.__The cost of testing must be paid by the | Highway Fund. |
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| | 5.__Sample collection and testing procedure.__The rules | adopted pursuant to section 2527 apply to samples collected | pursuant to this section. |
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| | 6.__Refusal to submit to test.__A commercial vehicle operator | refuses to submit to a drug test as required by this section if | the operator fails to provide adequate urine for drug testing | without a valid medical explanation after the operator has | received notice of the urine testing requirement from a law | enforcement officer, engages in conduct that clearly obstructs | the testing process or fails or refuses to provide the | authorization required by subsection 3. |
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| | 7.__Suspension for refusal to submit to test.__The Secretary | of State shall suspend for a period of one year the license of a | person who fails to submit to a test under this section. |
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| | 8.__Scope of hearing.__The scope of any hearing the Secretary | of State holds pursuant to section 2483 must include |
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