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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
S1144|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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
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