03/24/1993 08:30 AM House FIN

  HB 2      An Act requiring drug and alcohol tests for school                 
            bus drivers.                                                       
                                                                               
            CS HB 2 (FIN)  was reported out of  Committee with                 
            "no recommendation" with a Letter of Intent by the                 
            House Judiciary  Committee and  with a  new fiscal                 
            note by the Department of Education.                               
  HOUSE BILL 2                                                                 
                                                                               
       "An Act requiring drug and alcohol tests for school bus                 
       drivers."                                                               
                                                                               
  JOHN  PETERSON, AID TO  REPRESENTATIVE GAIL  PHILLIPS, noted                 
  that  current Alaska law makes  no provision for the routine                 
  testing  of school  bus drivers  for drug  and alcohol  use.                 
  This bill  would  provide for  such  testing.   The  federal                 
  government is in  the process of preparing  regulations that                 
  will mandate  testing for  those who  are  required to  have                 
  commercial  drivers  licenses  for the  operation  of school                 
  buses.  HB 2 is needed at this time as the effective date of                 
  the  federal   regulations  is   uncertain.     The  federal                 
  regulations will not  apply to school buses with  fewer that                 
  fifteen  passengers, which  does  not  require a  commercial                 
  license for operation.                                                       
                                                                               
  Representative  Grussendorf  requested  testimony  from  the                 
  Department   of  Law  regarding   the  legal  definition  of                 
  "improper" use of drugs and alcohol.  Representative Parnell                 
  questioned   the   constitutionality  of   mandating  random                 
  testing.    Mr.  Peterson   pointed  out  previous  concerns                 
  regarding privacy  was  addressed  in  the  House  Judiciary                 
  Committee Letter of Intent.                                                  
                                                                               
  Representative Foster asked how the legislation's cost would                 
  be handled for the small village areas.                                      
                                                                               
  GARY BADER,  DIRECTOR, DIVISION OF  ADMINISTRATIVE SERVICES,                 
  DEPARTMENT  OF  EDUCATION,   responded  that  the   cost  is                 
  determined by  a statewide average.   Most  of the  services                 
  would  be  contracted out.   He  added  that the  testing is                 
  legitimate for the safety of students.                                       
  ROMAINE  CAREEN,  PEOPLE  SAFETY TRANSFORATION  COORDINATOR,                 
  DEPARTMENT  OF  EDUCATION,  noted  there  is  a  company  in                 
  Anchorage which performs  most of  the state's testing,  and                 
  added  that  drug   testing  is  required  by   the  federal                 
  government.    Representative   Parnell  questioned  if  the                 
  federal regulations mandated the proposed testing.                           
                                                                               
  Representative  Hoffman  recommended  that  the  legislation                 
  clarify the coverage of costs for this testing.                              
                                                                               
  BRUCE  GARRETT,  KODIAK  SCHOOL  DISTRICT,  KODIAK,  ALASKA,                 
  stated that under federal law, the school district must be a                 
  "drug-free" work  place.   He voiced  his  concern with  who                 
  would have the burden of paying the costs  for testing.  Mr.                 
  Garrett noted that testing  would show any drugs  or alcohol                 
                                                                               
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  in the persons system taken within a 72-hour period.                         
                                                                               
  Representative  Hoffman  felt that  the  testing would  be a                 
  violation of the privacy act.  Discussion followed regarding                 
  an   employee   who   consumes   on   their   "off"   hours.                 
  Representative Parnell pointed out that the "drug free" zone                 
  was created by federal law.                                                  
                                                                               
  Co-Chair MacLean MOVED to report HB  2 out of Committee with                 
  individual  recommendations  and   the  new  Department   of                 
  Education fiscal  note.  Representative  Parnell OBJECTED in                 
  order to  make an  amendment.   He MOVED  deleting the  word                 
  "improper" from Page 1, Line 7 and Line 8.                                   
                                                                               
  (Tape Change, HFC 93-56, Side 2).                                            
                                                                               
  Representative Hanley  recommended adding "illegal"  on Page                 
  1,  Line 8 and deleting the word "improper".  Representative                 
  Parnell WITHDREW his  motion to delete "improper"  and MOVED                 
  to delete the word "improper" on Line 7 and on Line 8 delete                 
  "improper"  and  replace  with "illegal".    There  being NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Representative Hoffman  offered a technical  amendment which                 
  would  explain  that the  Department  of Education  would be                 
  responsible for payments of all testing.  Mr.  Bader pointed                 
  out that it was the intent of the Department to pay  for the                 
  testing.  Representative  Hoffman asked for approval  of the                 
  conceptual  amendment  which  would  legally  clarify   that                 
  information.   Representative Martin  noted that  the fiscal                 
  note states that the money is allocated to the Department of                 
  Education    for    specifically    paying   for    testing.                 
  Representative  Hoffman  objected  and asked  that  detailed                 
  clarification  be  contained in  the  bill.   Representative                 
  Foster OBJECTED to moving the bill from Committee.                           
                                                                               
  A roll call was taken on the MOTION.                                         
                                                                               
       IN FAVOR:      Hanley,  Martin,   Parnell,  Therriault,                 
                      MacLean, Larson.                                         
                                                                               
       OPPOSED:       Hoffman, Navarre, Foster.                                
                                                                               
  Representative Brown and Representative Grussendorf were not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED, (6 - 3).                                                  
                                                                               
  CS  HB  2  (FIN) was  reported  out  of  Committee with  "no                 
  recommendation" and  with a House Judiciary Committee Letter                 
  of Intent and a fiscal note  by the Department of Education.                 
                                                                               
                                                                               
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