1999 Legislation
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SENATE BILL NO. 1144 – Alcohol/drug-free work/workers comp

SENATE BILL NO. 1144

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Daily Data Tracking History



S1144.......................................by COMMERCE AND HUMAN RESOURCES
ALCOHOL/DRUG-FREE WORKPLACE - Amends and adds to existing law to provide
further legislative intent; and to provide a reduction in the premium for a
worker's compensation insurance policy if the insured certifies that it has
established and maintains an alcohol and drug-free workplace program.

02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Com/HuRes
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 30-0-5
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Danielson,
      Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
      Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Branch, Cameron, Davis, Parry, Twiggs
    Floor Sponsor - Sorensen
    Title apvd - to House
02/24    House intro - 1st rdg - to Comm/Hu Res
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 67-2-1
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
      Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
      Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Robison,
      Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
      Zimmermann
      NAYS -- Bieter, Ringo
      Absent and excused -- Mr Speaker
    Floor Sponsor - Field(13)
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed
03/15    Sp signed
03/16    To Governor
03/22    Governor signed
         Session Law Chapter 142
         Effective: 07/01/99

Bill Text


S1144


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1144

                        BY COMMERCE AND HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO ALCOHOL AND DRUG-FREE WORKPLACES; AMENDING SECTION 72-1701,  IDAHO
 3        CODE,  TO  PROVIDE  FURTHER  LEGISLATIVE  INTENT; AND AMENDING CHAPTER 17,
 4        TITLE 72, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  72-1716,  IDAHO
 5        CODE,  TO PROVIDE FOR IMPLEMENTATION OF AN ALCOHOL AND DRUG-FREE WORKPLACE
 6        PROGRAM AND QUALIFICATION OF AN EMPLOYER  PREMIUM  REDUCTION  ON  WORKER'S
 7        COMPENSATION INSURANCE.

 8    Be It Enacted by the Legislature of the State of Idaho:

 9        SECTION  1.  That  Section 72-1701, Idaho Code, be, and the same is hereby
10    amended to read as follows:

11        72-1701.  PURPOSE AND INTENT OF ACT.  (1)  The purpose of  this
12    act  is to promote alcohol and drug-free workplaces and otherwise support pri-
13    vate employers in their efforts to eliminate substance abuse in the workplace,
14    and thereby enhance workplace  safety  and  increase  productivity.  This  act
15    establishes  voluntary drug and alcohol testing guidelines for private employ-
16    ers that, when complied with, will find an employee  who  tests  positive  for
17    drugs or alcohol at fault, and will constitute misconduct under the employment
18    security law as provided in section 72-1366, Idaho Code, thus resulting in the
19    denial of unemployment benefits.
20          (2)  It  is  the further purpose of this act to promote alcohol and
21    drug-free workplaces in order that employers in this  state  be  afforded  the
22    opportunity  to  maximize their levels of productivity, enhance their competi-
23    tive positions in the marketplace and reach their desired  levels  of  success
24    without  experiencing  the  cost  delays  and  tragedies associated with work-
25    related accidents resulting from substance abuse by employees. 

26        SECTION 2.  That Chapter 17, Title 72, Idaho Code, be,  and  the  same  is
27    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
28    known and designated as Section 72-1716, Idaho Code, and to read as follows:

29        72-1716. IMPLEMENTATION OF ALCOHOL  AND  DRUG-FREE  WORKPLACE  PROGRAM  --
30    QUALIFICATION  OF EMPLOYER PREMIUM REDUCTION. For each policy of worker's com-
31    pensation insurance issued or renewed in the state on or after July 1, 1999, a
32    reduction in the premium for the policy may be granted if the  insurer  deter-
33    mines  the  insured   has  established  and maintains an alcohol and drug-free
34    workplace program that complies with  the  requirements  of  sections  72-1701
35    through 72-1715, Idaho Code.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 08542C1

Idaho is not exempt from the plague of illegal drug use that
has engulfed our country. Nationwide, nearly 70% of current
users of illegal drugs are employed -- most of them at small
and medium sized businesses -- making substance abuse one of
the most serious problems affecting employers today. Costs
are staggering in terms of accidents, lost productivity,
absenteeism, and employee turnover. The U.S. Department of
Labor and the Small Business Administration estimate that 38%
to 50% of all Workers' Compensation Claims are related to
substance abuse in the workplace and that substance abusers
file three to five times as many Workers' Compensation
claims. For smaller businesses in particular, one serious
accident or one troubled employee can create major problems.

It is the intent of this legislation to promote drug-free
workplaces by giving insurance companies the option of
offering lower Workers' Compensation premiums as an incentive
to employers that adopt drug-free workplace policies.

Presently, insurance companies that use schedule rating for
calculating premiums may offer premium reductions to policy
holders who have a drug-free workplace program. However, they
cannot offer such premium reductions when deviation rating is
used. This legislation allows insurance companies to
voluntarily offer a Drug-free premium reduction, whether they
use schedule or deviation rating.

                           FISCAL NOTE

CONTACT: Senator Sheila Sorensen - 332-1319
         Senator Hal Bunderson
         Representative Debbie Fields
         
STATEMENT OF PURPOSE/ FISCAL NOTE     S1144