Legislature(1993 - 1994)
02/08/1993 03:00 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 2: DRUG TESTING FOR SCHOOL BUS DRIVERS CHAIR TOOHEY brought HB 2 to the table and introduced Rep. Gail Phillips. TAPE 93-11A, SIDE B Number 000 REP. GAIL PHILLIPS testified as SPONSOR OF HB 2. She said she introduced the bill to help insure the safe transportation of students to and from school, and that an identical bill died at the end of last year's legislative session. The bill would require school districts or Rural Education Attendance Areas providing student transportation to establish a drug and alcohol testing program, including random testing at least once a year. She said current state law provides for similar testing requirements in the case of an accident or when reasonable cause exists. Though a Legislative Affairs Legal Services memo raised the possibility of challenges to the bill on probable cause grounds, some courts have allowed random tests when public interest is sufficiently great, Rep. Phillips said. She said childrens' safety is of utmost public interest, and state law already provides for testing of truck drivers, pilots and train engineers. Other states have passed similar laws. She referred to a 1991 North Slope Borough drug testing policy and to a Legislative Research Agency report for more information. Number 068 REP. IRENE NICHOLIA asked how HB 2 would affect rural areas, and how rural districts would effect drug and alcohol tests. REP. PHILLIPS invited Department of Education officials to answer those questions. Number 082 GARY BADER, DIRECTOR OF ADMINISTRATIVE SERVICES FOR THE DEPARTMENT OF EDUCATION (DOE), said rural areas would take urine samples and mail them to testing labs. The state would have to put out the testing services to bid to find a lab. REP. NICHOLIA said her district includes many remote villages where mail service can take a week. MR. BADER said the DOE would find a way to get the tests done properly. Number 100 REP. BUNDE asked how the districts would test for alcohol, which is also required under the bill. CHAIR TOOHEY said urinalysis samples used in drug tests normally are good for 72 hours. She also asked if all bus drivers in small villages are (unintelligible), and received an affirmative answer. REP. HARLEY OLBERG said some mail order urinalysis tests have additives that extend their viability for testing purposes to several days. Number 130 REP. VEZEY asked the impetus for the law. He said Title 48, part 40, of the Code of Federal Regulations requires him, as an employer, to provide a drug-free workplace. He asked why all employers are not subject to such laws. REP. PHILLIPS said commercial bus drivers and other commercial drivers now must pass drug and alcohol testing, though school bus drivers do not in Alaska, even under new commercial driver's license requirements taking effect in April. Number 156 REP. BUNDE asked why the testing did not require all school employees, including crossing guards. REP. PHILLIPS said she would consider that a rhetorical question. REP. OLBERG suggested it was because school bus drivers are not represented by the National Education Association (NEA). REP. PETE asked why the bill did not cover school crossing guards. CHAIR TOOHEY said she believed the bill includes those who are in command of moving vehicles, including airplane pilots, train engineers, tractor drivers, and school bus drivers. Number 172 REP. PHILLIPS said school crossing guards are often volunteers. REP. KOTT raised the issue of randomness. He said administering truly random tests, instead of a test at least once a year, would save money while still creating the fear of imminent unannounced testing that would encourage abstinence from drugs. REP. PHILLIPS said bus drivers should receive a test at the time of hiring. MR. BADER stated the random testing schedule laid out in the bill would serve as a deterrent nearly as good as true randomness. REP. OLBERG noted that the fiscal note said each district would have to have its bus drivers tested at least once a year. REP. NICHOLIA asked if HB 2 would affect boat or airplane drivers. REP. PHILLIPS answered no. She also referred to the North Slope Borough's testing law as an example of how rural districts have implemented such a program. Number 225 REP. NICHOLIA asked about the likelihood of "probable cause" legal challenges. REP. PHILLIPS said she did not care about the privacy of a bus driver who is drunk or using drugs when weighed against the safety of children. She said the fact that courts have upheld such laws in Alaska, and that other states have similar laws, far outweighs the possibility of violating a driver's privacy. Number 235 REP. NICHOLIA asked why no fiscal note reflected the cost of defending legal challenges. REP. PHILLIPS said she saw no need to budget for legal challenges she did not expect to receive. Number 244 REP. VEZEY expressed concern that HB 2 implies that the 62 school districts were not now in compliance with federal law to maintain drug-free workplaces. MR. BADER said he felt the intent of the bill was to serve as a deterrent in addition to the laws already on the books. Number 270 REP. KOTT repeated his concerns about the randomness of testing as outlined in HB 2. Number 285 REP. B. DAVIS said the committee could attach a letter of intent regarding the randomness of the tests so that state regulations could address such questions. Number 294 MR. BADER stated that the random nature of the tests needs only to be sufficient to be meaningful. CHAIR TOOHEY closed public hearing on HB 2 and asked the will of the committee. REP. BUNDE moved passage with individual recommendations. Hearing no objections, CHAIR TOOHEY announced HB 2 PASSED WITH INDIVIDUAL RECOMMENDATIONS. She then called a five minute at-ease at 4:10 p.m.
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