03/16/1994 01:40 PM Senate HES

 CHAIRMAN RIEGER introduced  HB 2  (DRUG TESTING FOR SCHOOL BUS                
 DRIVERS) as the next order of business before the committee.                  
                                                                               
 SENATOR SALO asked if HB 2 applies to temporary drivers and how               
 does HB 2 apply to volunteer drivers.                                         
                                                                               
 MIKE HEIMBUCH, staff to Representative Gail Phillips, stated that             
 the intent of HB 2 was to speak to those employed by the school               
 district.  The language seemed to be flexible enough to allow the             
 Department of Education (DOE) to adopt the scope of the bill                  
 through regulations.                                                          
                                                                               
 SENATOR SALO noted that contracted drivers also fall within the               
 scope of the bill.  She informed the committee that currently, some           
 districts are drug testing upon initial employment, randomly                  
 testing, or testing for cause.  She expressed her belief that                 
 testing for cause was of primary importance.  HB 2 would mandate              
 drug testing.  She asked who would pay for the testing.                       
                                                                               
 MIKE HEIMBUCH stated that at present there is an $84,000 fiscal               
 note for DOE.                                                                 
 SENATOR DUNCAN believed that the fiscal note does not specify who             
 would pay for the testing.  He assumed that the $79,000 contractual           
 portion of the fiscal note would pay for the testing.  He inquired            
 of the possibility that individual drivers would be required to pay           
 for the drug test if the fiscal note was zeroed out.  MIKE HEIMBUCH           
 could not answer.  SENATOR DUNCAN did not believe that school bus             
 drivers should have to pay for the testing.                                   
                                                                               
 MIKE HEIMBUCH said that he read HB 2 as saying that the school                
 districts or areas that provide for transportation would provide              
 for the random drug testing.  SENATOR DUNCAN noted that the                   
 language was "shall require."  MIKE HEIMBUCH stated that HB 2                 
 requires that the driver would submit to the testing, but not                 
 requiring that the driver pay for the testing.                                
                                                                               
 SENATOR DUNCAN explained that without funding for the state to pay            
 for the testing, then the bill would not prohibit a school district           
 requiring the drivers to submit and pay for the testing.  He                  
 expressed the need to make the language explicit.                             
                                                                               
 MIKE HEIMBUCH pointed out that the language referring to developing           
 regulations was thought to speak to the possibility that DOE and              
 different districts could not adequately administer the testing,              
 this language would allow them to address it quicker than through             
 the statutes.                                                                 
                                                                               
 SENATOR DUNCAN requested a DOE representative.                                
                                                                               
 SENATOR SALO inquired of the percentage of Alaska school bus                  
 drivers currently under a drug testing program.                               
                                                                               
 Number 345                                                                    
                                                                               
 ROMAYNE KAREEN, Program Coordinator for People Transportation in              
 the School Bus Safety section, the Department of Education, did not           
 know the percentage of the large districts with the contracted                
 operations.  She noted some internal requirements of drug testing             
 in the contracted operations.  On the peninsula, random testing is            
 prohibited by the union contract with the drivers, the company and            
 the school district.  SENATOR SALO suggested that perhaps 80 or 90            
 percent of the drivers are under drug testing.  ROMAYNE KAREEN                
 thought the percentage was probably not that high.                            
                                                                               
 SENATOR DUNCAN asked who would be charged under HB 2.  ROMAYNE                
 KAREEN explained that the fiscal note was present with the                    
 understanding that DOE would coordinate and oversee the program on            
 a statewide basis.  If the fiscal note was zeroed out, Ms. Kareen             
 assumed that DOE would have to address that situation.                        
                                                                               
 SENATOR DUNCAN expressed concern that the bus drivers may be                  
 required to pay for the drug testing.  He suggested that the                  
 language be made more explicit.  ROMAYNE KAREEN stated that                   
 regarding the contractual amount, the fiscal note would include the           
 cost of the testing.  She pointed out various ways to handle this             
 issue:  a written contract between the school district and the                
 school bus contractor, and an agreement between the department and            
 school districts who run their own transportation system.                     
                                                                               
 SENATOR DUNCAN did not understand why the language could not be               
 more explicit and say that the school bus driver would not be                 
 charged for the drug testing.  ROMAYNE KAREEN explained that school           
 bus drivers have a high turnover rate and there are incentives for            
 the employer to pick up some costs.  For instance, the commercial             
 drivers license and the mandatory training program are some of the            
 up front costs a bus driver may face.                                         
                                                                               
 SENATOR SALO stated that there are reasons that contacts between              
 companies and bus drivers have opposed random testing.  Many                  
 believe that random drug testing is demeaning not to mention the              
 possibilities of a false positive.  She felt that drug testing for            
 cause is appropriate.   She explained that in this time of fiscal             
 constraints with educational funding, money could be better spent             
 elsewhere.  She indicated that HB 2 could open up to drug testing             
 in other areas, such as food service workers.  She believed that              
 the drug testing of HB 2 does not in general protect the                      
 individual.  Perhaps, it would act as a deterrent to some extent.             
 She said that the fiscal note must only be coordination of the                
 program, how could that include the testing.                                  
                                                                               
 ROMAYNE KAREEN informed the committee that the $84,000 fiscal note            
 included the testing.  She detailed the fiscal note for the                   
 committee:  $5,000 for a hearing officer, $3,000 for travel, $2,000           
 for supplies, $2,000 for printing and postage, and the remaining              
 $72,000 for testing.  She stated that there should have been an               
 attachment to the fiscal note explaining the details.                         
                                                                               
 Number 427                                                                    
                                                                               
 SENATOR DUNCAN asked if HB 2 would override those contracts such as           
 the Kenai Peninsula that prohibit random drug testing.  ROMAYNE               
 KAREEN said that HB 2 would override those contracts that currently           
 prohibit random drug testing.  She indicated that the school bus              
 industry believes random drug testing would be a deterrent.                   
                                                                               
 SENATOR SALO asked if the school bus industry believes there is a             
 problem.  ROMAYNE KAREEN said yes, the industry does feel there is            
 a problem in some areas that they are notable to address currently.           
                                                                               
 SENATOR SALO inquired of the industries' ability to test for cause.           
 ROMAYNE KAREEN stated that it would depend upon the internal                  
 structure between the school and the bus contractor within the                
 company.                                                                      
                                                                               
 SENATOR SHARP moved HB 2 out of committee with individual                     
 recommendations and the accompanying fiscal note.  Senator Salo               
 objected.  A hand vote was taken and the bill moved.