STATE CAN'T ENFORCE NEW LAW COVERING TRUCKER DRUG TESTS

SALEM - A new state law that takes aim at truckers who drive under the
influence of drugs might be derailed by a dispute over whether highway funds
can be used for the program.

Passed by the 1999 Legislature, the law requires reports of truck drivers
who flunk drug tests to be posted on their commercial driving records.

However, the Oregon Department of Transportation plans to tell the
Legislative Emergency Board next week that it cannot legally use gas tax and
other highway revenue for the program, which is supposed to begin March 1.

In a letter to legislative leaders, ODOT Director Grace Crunican said her
agency won't be able to implement the new system unless lawmakers provide
money from another source.

Department spokesman Pat Cooney said a preliminary cost estimate is about
$375,000 a year.

One of the sponsors, Sen. Marylin Shannon, takes issue with the agency's
interpretation of the law and said she has asked for separate legal advice
on the matter.

Shannon, who was chairwoman of the Senate Transportation Committee, said she
couldn't recall the issue being raised during last year's hearings on the
bill.

The department administers federally mandated drug and alcohol regulations
with highway funds, the Brooks Republican said, ``and the bill seems like a
logical extension of that program.''

The aim of the law is to give trucking companies a single place to check to
determine if a prospective employee has failed drug tests in the past.

Trucking operators currently are required by law to conduct background
checks when hiring drivers. But drivers who have had positive tests for
drugs don't always supply names of previous employers when they are applying
for a new job.

The new law requires that results of drivers who fail tests be posted on
commercial driving records. The results can be disclosed only with the
driver's written consent.

Truckers driving under the influence of drugs represent a serious problem,
and the new law could help, an Oregon State Police official told the
Legislature last year.

Capt. Gregory Willeford said 11 crashes involving intoxicated truck drivers
were recorded during 1998. He predicted that an employer notification law
would decrease that number.

There were 70 accidents involving commercial vehicles in 1998, Cooney said.
Police said a breakdown of 1999 accidents was not yet available.

The dispute over paying for the program arises because use of highway funds
basically is limited by the state constitution to road construction and
repair.

But Shannon said that, depending on what advice she receives from the
Legislative Counsel office, she likely will press ODOT next week to begin
enforcing the drug-test law.

The Legislative Emergency Board, which handles budget matters between
sessions, is to meet next Thursday and Friday.