00CS FOR HOUSE BILL NO. 2(RLS) am S                                                                                       
01 "An Act requiring drug and alcohol tests for school bus drivers."                                                       
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  FINDINGS AND PURPOSE.  (a)  The legislature finds that                                                 
04   (1)  over 40,000 Alaska children ride school buses every school day;                                                  
05   (2)  road, weather, and driving conditions can be extremely hazardous;                                                
06   (3)  the state expects school bus drivers to operate their vehicles without drug                                      
07 or alcohol-induced impairment of physical or mental condition;                                                          
08   (4)  the federal Department of Transportation has adopted drug testing                                                
09 regulations for operators of commercial vehicles, including interstate buses, in 53 FR 47002;                           
10   (5)  Alaska has a compelling interest in the safety of its children riding school                                     
11 buses.                                                                                                                  
12  (b)  The purpose of this Act is to enact a drug and alcohol testing program for all                                    
13 school bus drivers.                                                                                                     
14    * Sec. 2.  AS 14.09 is amended by adding a new section to read:                                                      

01  Sec. 14.09.025.  DRUG TESTING FOR SCHOOL BUS DRIVERS.  (a)  A                                                         
02 school district or regional educational attendance area that provides for the                                           
03 transportation of pupils shall require that the drivers of motor vehicles used to transport                             
04 pupils submit to testing for the use of drugs and alcohol.  The testing program must                                    
05 include random testing.  A driver who tests positive for the improper use of drugs or                                   
06 alcohol may be disciplined, including termination from employment.                                                      
07  (b)  For a driver who is not required to have a commercial drivers' license, an                                       
08 employer                                                                                                                
09   (1)  shall keep and maintain records of the testing for improper use of                                              
10 drugs or alcohol on a confidential basis and may only release the results with the                                      
11 written consent of the employee;  and                                                                                   
12   (2)  may not retain false positive test results in the employee's                                                    
13 employment records and may not release information about a false positive test without                                  
14 the written consent of the employee.                                                                                    
15  (c)  The department shall adopt regulations to implement this section.  The                                           
16 regulations must include a provision for a hearing before discipline is imposed.                                        
17  (d)  In this section, "improper use of drugs or alcohol" means use that                                               
18 constitutes a criminal offense and use that violates regulations adopted by the                                         
19 department under this section.