Legislature(1993 - 1994)
03/27/1993 10:00 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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 3 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. 4
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