Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 388-H.F.No. 42 
           An act relating to employment; regulating drug and 
          alcohol testing of employees and job applicants; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 181. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                DRUG AND ALCOHOL TESTING IN THE WORKPLACE 
    Section 1.  [181.950] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] For the purposes of 
sections 1 to 8, the terms and phrases defined in this section 
have the meanings given them. 
    Subd. 2.  [CONFIRMATORY TEST; CONFIRMATORY RETEST.] 
"Confirmatory test" and "confirmatory retest" mean a drug or 
alcohol test that uses a method of analysis approved by the 
commissioner under section 4, subdivision 1, as being reliable 
for providing specific data as to the drugs, alcohol, or their 
metabolites detected in an initial screening test. 
    Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
commissioner of the department of health. 
    Subd. 4.  [DRUG.] "Drug" means a controlled substance as 
defined in section 152.01, subdivision 4. 
    Subd. 5.  [DRUG AND ALCOHOL TESTING.] "Drug and alcohol 
testing," "drug or alcohol testing," and "drug or alcohol test" 
mean analysis of a body component sample approved by the 
commissioner under section 4, subdivision 1, for the purpose of 
measuring the presence or absence of drugs, alcohol, or their 
metabolites in the sample tested. 
    Subd. 6.  [EMPLOYEE.] "Employee" means a person, 
independent contractor, or person working for an independent 
contractor who performs services for compensation, in whatever 
form, for an employer. 
    Subd. 7.  [EMPLOYER.] "Employer" means a person or entity 
located or doing business in this state and having one or more 
employees, and includes the state and all political or other 
governmental subdivisions of the state. 
    Subd. 8.  [INITIAL SCREENING TEST.] "Initial screening test"
means a drug or alcohol test which uses a method of analysis 
approved by the commissioner under section 4, subdivision 1, as 
being capable of providing data as to general classes of drugs, 
alcohol, or their metabolites. 
    Subd. 9.  [JOB APPLICANT.] "Job applicant" means a person, 
independent contractor, or person working for an independent 
contractor who applies to become an employee of an employer, and 
includes a person who has received a job offer made contingent 
on the person passing drug or alcohol testing. 
    Subd. 10.  [POSITIVE TEST RESULT.] "Positive test result" 
means a finding of the presence of drugs, alcohol, or their 
metabolites in the sample tested in levels at or above the 
threshold detection levels set by the commissioner under section 
4, subdivision 1. 
    Subd. 11.  [RANDOM SELECTION BASIS.] "Random selection 
basis" means a mechanism for selection of employees that (1) 
results in an equal probability that any employee from a group 
of employees subject to the selection mechanism will be selected 
and (2) does not give an employer discretion to waive the 
selection of any employee selected under the mechanism. 
    Subd. 12.  [REASONABLE SUSPICION.] "Reasonable suspicion" 
means a basis for forming a belief based on specific facts and 
rational inferences drawn from those facts. 
    Subd. 13.  [SAFETY-SENSITIVE POSITION.] "Safety-sensitive 
position" means a job, including any supervisory or management 
position, in which an impairment caused by drug or alcohol usage 
would threaten the health or safety of any person.  
    Sec. 2.  [181.951] [AUTHORIZED DRUG AND ALCOHOL TESTING.] 
    Subdivision 1.  [LIMITATIONS ON TESTING.] (a) An employer 
may not request or require an employee or job applicant to 
undergo drug and alcohol testing except as authorized in this 
section.  
    (b) An employer may not request or require an employee or 
job applicant to undergo drug or alcohol testing unless the 
testing is done pursuant to a written drug and alcohol testing 
policy that contains the minimum information required in section 
3; and, is conducted by a testing laboratory licensed under 
section 4, subdivision 1, or by a nonlicensed laboratory as 
transitionally allowed under section 4, subdivision 2. 
    (c) An employer may not request or require an employee or 
job applicant to undergo drug and alcohol testing on an 
arbitrary and capricious basis. 
    Subd. 2.  [JOB APPLICANT TESTING.] An employer may request 
or require a job applicant to undergo drug and alcohol testing 
provided a job offer has been made to the applicant and the same 
test is requested or required of all job applicants 
conditionally offered employment for that position.  If the job 
offer is withdrawn, as provided in section 4, subdivision 11, 
the employer shall inform the job applicant of the reason for 
its action. 
    Subd. 3.  [ROUTINE PHYSICAL EXAMINATION TESTING.] An 
employer may request or require an employee to undergo drug and 
alcohol testing as part of a routine physical examination 
provided the drug or alcohol test is requested or required no 
more than once annually and the employee has been given at least 
two weeks' written notice that a drug or alcohol test may be 
requested or required as part of the physical examination. 
    Subd. 4.  [RANDOM TESTING.] An employer may request or 
require only employees in safety-sensitive positions to undergo 
drug and alcohol testing on a random selection basis.  
    Subd. 5.  [REASONABLE SUSPICION TESTING.] An employer may 
request or require an employee to undergo drug and alcohol 
testing if the employer has a reasonable suspicion that the 
employee: 
    (1) is under the influence of drugs or alcohol; 
    (2) has violated the employer's written work rules 
prohibiting the use, possession, sale, or transfer of drugs or 
alcohol while the employee is working or while the employee is 
on the employer's premises or operating the employer's vehicle, 
machinery, or equipment, provided the work rules are in writing 
and contained in the employer's written drug and alcohol testing 
policy; 
    (3) has sustained a personal injury, as that term is 
defined in section 176.011, subdivision 16, or has caused 
another employee to sustain a personal injury; or 
    (4) has caused a work-related accident or was operating or 
helping to operate machinery, equipment, or vehicles involved in 
a work-related accident. 
    Subd. 6.  [TREATMENT PROGRAM TESTING.] An employer may 
request or require an employee to undergo drug and alcohol 
testing if the employee has been referred by the employer for 
chemical dependency treatment or evaluation or is participating 
in a chemical dependency treatment program under an employee 
benefit plan, in which case the employee may be requested or 
required to undergo drug or alcohol testing without prior notice 
during the evaluation or treatment period and for a period of up 
to two years following completion of any prescribed chemical 
dependency treatment program. 
    Subd. 7.  [NO LEGAL DUTY TO TEST.] Employers do not have a 
legal duty to request or require an employee or job applicant to 
undergo drug or alcohol testing as authorized in this section.  
    Sec. 3.  [181.952] [POLICY CONTENTS; PRIOR WRITTEN NOTICE.] 
    Subdivision 1.  [CONTENTS OF THE POLICY.] An employer's 
drug and alcohol testing policy must, at a minimum, set forth 
the following information: 
    (1) the employees or job applicants subject to testing 
under the policy; 
    (2) the circumstances under which drug or alcohol testing 
may be requested or required; 
    (3) the right of an employee or job applicant to refuse to 
undergo drug and alcohol testing and the consequences of refusal;
    (4) any disciplinary or other adverse personnel action that 
may be taken based on a confirmatory test verifying a positive 
test result on an initial screening test;  
    (5) the right of an employee or job applicant to explain a 
positive test result on a confirmatory test or request and pay 
for a confirmatory retest; and 
    (6) any other appeal procedures available. 
    Subd. 2.  [NOTICE.] An employer shall provide written 
notice of its drug and alcohol testing policy to all affected 
employees upon adoption of the policy, to a previously 
nonaffected employee upon transfer to an affected position under 
the policy, and to a job applicant upon hire and before any 
testing of the applicant if the job offer is made contingent on 
the applicant passing drug and alcohol testing.  An employer 
shall also post notice in an appropriate and conspicuous 
location on the employer's premises that the employer has 
adopted a drug and alcohol testing policy and that copies of the 
policy are available for inspection during regular business 
hours by its employees or job applicants in the employer's 
personnel office or other suitable locations. 
    Sec. 4.  [181.953] [RELIABILITY AND FAIRNESS SAFEGUARDS.] 
    Subdivision 1.  [USE OF LICENSED LABORATORY REQUIRED.] (a) 
An employer who requests or requires an employee or job 
applicant to undergo drug or alcohol testing shall use the 
services of a testing laboratory licensed by the commissioner 
under this subdivision.  
    (b) The commissioner shall adopt rules by January 1, 1988, 
governing: 
    (1) standards for licensing, suspension, and revocation of 
a license; 
    (2) body component samples that are appropriate for drug 
and alcohol testing; 
    (3) procedures for taking a sample that ensure privacy to 
employees and job applicants to the extent practicable, 
consistent with preventing tampering with the sample; 
    (4) methods of analysis and procedures to ensure reliable 
drug and alcohol testing results, including standards for 
initial screening tests and confirmatory tests;  
    (5) threshold detection levels for drugs, alcohol, or their 
metabolites for purposes of determining a positive test result;  
    (6) chain-of-custody procedures to ensure proper 
identification, labeling, and handling of the samples being 
tested; and 
    (7) retention and storage procedures to ensure reliable 
results on confirmatory tests or confirmatory retests of 
original samples. 
    (c) The commissioner shall also grant licenses to 
laboratories conducting drug and alcohol testing that are 
located in another state, provided that either:  (1) the 
laboratory is licensed by the other state or by a federal agency 
to conduct drug and alcohol testing and the other state's or 
federal agency's rules governing standards, methods, and 
procedures meet or exceed those adopted under this subdivision; 
or (2) the laboratory has agreed in writing with the 
commissioner to comply with the rules adopted under this 
subdivision.  A laboratory licensed under this paragraph must 
also, as a condition of obtaining and retaining a license, agree 
in writing with the commissioner to comply with the other 
requirements for laboratories set forth in sections 1 to 5 and 
to be subject to the remedies set forth in section 7. 
    (d) The commissioner shall charge laboratories an annual 
license fee.  The fee may vary depending on the number of 
Minnesota employee samples tested annually at a laboratory.  Fee 
receipts must be deposited in the state treasury and credited to 
a special account and are appropriated to the commissioner to 
administer this subdivision, and to purchase or lease laboratory 
equipment as accumulated fee receipts make equipment purchases 
or leases possible.  Notwithstanding section 144.122, the 
commissioner shall set the license fee at an amount so that the 
total fees collected will recover the costs of administering 
this subdivision and allow an additional amount to be credited 
to the special account each year sufficient to allow the 
commissioner to obtain appropriate laboratory equipment for use 
in administering this subdivision by July 1, 1994. 
    Subd. 2.  [TRANSITIONAL LABORATORY REQUIREMENTS.] Before 
rules are adopted and licenses issued under subdivision 1, an 
employer may use the services of a nonlicensed testing 
laboratory that agrees in writing with the commissioner to 
comply with the following requirements: 
    (1) The director of the laboratory must be a full-time 
employee of the laboratory and must possess a doctoral or 
master's degree in biological or medical science and have at 
least three years experience in an analytical toxicology 
laboratory.  
    (2) The laboratory must be participating in and continuing 
to demonstrate satisfactory performance in the drug proficiency 
testing program of the college of American pathology or American 
association for clinical chemists. 
    (3) The drug and alcohol testing must be limited to 
analysis of a sample of blood or urine from the employee or job 
applicant subject to testing. 
    (4) The methods of analysis for drug and alcohol testing 
are limited to any enzyme multiplied immunoassay method for 
initial screening tests and any chromotography mass spectrometry 
method for confirmatory tests and confirmatory retests. 
    (5) The laboratory must have in writing and use laboratory 
chain-of-custody procedures that ensure reliable and properly 
handled and identified testing results. 
    (6) All initial screening test, confirmatory test, and 
confirmatory retest results must be reviewed and certified as 
accurate by a qualified scientist. 
    (7) A test report must indicate the drugs, alcohol, or 
their metabolites tested for and whether the test produced 
negative or positive test results. 
    (8) The laboratory must provide the commissioner with 
information requested by the commissioner regarding the 
laboratory's current operations and activities relating to drug 
and alcohol testing. 
    (9) The laboratory must agree to comply with the 
requirements for laboratories set forth in sections 1 to 5 and 
to be subject to the remedies set forth in section 7. 
    Subd. 3.  [LABORATORY TESTING, REPORTING, AND SAMPLE 
RETENTION REQUIREMENTS.] A testing laboratory shall conduct a 
confirmatory test on all samples that produced a positive test 
result on an initial screening test.  A laboratory shall 
disclose to the employer a written test result report for each 
sample tested within three working days after a negative test 
result on an initial screening test or, when the initial 
screening test produced a positive test result, within three 
working days after a confirmatory test.  A laboratory shall 
retain and properly store for at least six months all samples 
that produced a positive test result. 
    Subd. 4.  [PROHIBITIONS ON EMPLOYERS.] An employer may not 
conduct drug or alcohol testing of its own employees and job 
applicants using a testing laboratory owned and operated by the 
employer; except that, one agency of the state may test the 
employees of another agency of the state.  Except as provided in 
subdivision 9, an employer may not request or require an 
employee or job applicant to contribute to, or pay the cost of, 
drug or alcohol testing under sections 1 to 5. 
    Subd. 5.  [EMPLOYER CHAIN-OF-CUSTODY PROCEDURES.] An 
employer shall comply with the rules adopted by the commissioner 
under subdivision 1 pertaining to chain-of-custody procedures.  
Before those rules are adopted, an employer shall establish its 
own reliable chain-of-custody procedures to ensure proper record 
keeping, handling, labeling, and identification of the samples 
to be tested. 
    Subd. 6.  [RIGHTS OF EMPLOYEES AND JOB APPLICANTS.] (a) 
Before requesting an employee or job applicant to undergo drug 
or alcohol testing, an employer shall provide the employee or 
job applicant with a form, developed by the employer, on which 
to (1) acknowledge that the employee or job applicant has seen 
the employer's drug and alcohol testing policy, and (2) indicate 
any over-the-counter or prescription medications that the 
individual is currently taking or has recently taken and any 
other information relevant to the reliability of, or explanation 
for, a positive test result.  
    (b) Within three working days after notice of a positive 
test result on a confirmatory test, the employee or job 
applicant may submit information to the employer, in addition to 
any information already submitted under paragraph (a), to 
explain that result, or may request a confirmatory retest of the 
original sample at the employee's or job applicant's own expense 
as provided under subdivision 9. 
    Subd. 7.  [NOTICE OF TEST RESULTS.] Within three working 
days after receipt of a test result report from the testing 
laboratory, an employer shall inform in writing an employee or 
job applicant who has undergone drug or alcohol testing of (1) a 
negative test result on an initial screening test or of a 
negative or positive test result on a confirmatory test and (2) 
the right provided in subdivision 8.  In the case of a positive 
test result on a confirmatory test, the employer shall also, at 
the time of this notice, inform the employee or job applicant in 
writing of the rights provided in subdivision 6, paragraph (b), 
subdivision 9, and either subdivision 10 or 11, whichever 
applies. 
    Subd. 8.  [RIGHT TO TEST RESULT REPORT.] An employee or job 
applicant has the right to request and receive from the employer 
a copy of the test result report on any drug or alcohol test.  
    Subd. 9.  [CONFIRMATORY RETESTS.] An employee or job 
applicant may request a confirmatory retest of the original 
sample at the employee's or job applicant's own expense after 
notice of a positive test result on a confirmatory test.  Within 
five working days after notice of the confirmatory test result, 
the employee or job applicant shall notify the employer in 
writing of the employee's or job applicant's intention to obtain 
a confirmatory retest.  Within three working days after receipt 
of the notice, the employer shall notify the original testing 
laboratory that the employee or job applicant has requested the 
laboratory to conduct the confirmatory retest or transfer the 
sample to another laboratory licensed under subdivision 1 to 
conduct the confirmatory retest.  The original testing 
laboratory shall ensure that the chain-of-custody procedures 
adopted by the commissioner under subdivision 1 are followed 
during transfer of the sample to the other laboratory.  The 
confirmatory retest must use the same drug or alcohol threshold 
detection levels as used in the original confirmatory test.  If 
the confirmatory retest does not confirm the original positive 
test result, no adverse personnel action based on the original 
confirmatory test may be taken against the employee or job 
applicant. 
    Subd. 10.  [LIMITATIONS ON EMPLOYEE DISCHARGE, DISCIPLINE, 
OR DISCRIMINATION.] (a) An employer may not discharge, 
discipline, discriminate against, or request or require 
rehabilitation of an employee on the basis of a positive test 
result from an initial screening test that has not been verified 
by a confirmatory test. 
    (b) In addition to the limitation under paragraph (a), an 
employer may not discharge an employee for whom a positive test 
result on a confirmatory test was the first such result for the 
employee on a drug or alcohol test requested by the employer 
unless the following conditions have been met: 
    (1) the employer has first given the employee an 
opportunity to participate in, at the employee's own expense or 
pursuant to coverage under an employee benefit plan, either a 
drug or alcohol counseling or rehabilitation program, whichever 
is more appropriate, as determined by the employer after 
consultation with a certified chemical use counselor or a 
physician trained in the diagnosis and treatment of chemical 
dependency; and 
    (2) the employee has either refused to participate in the 
counseling or rehabilitation program or has failed to 
successfully complete the program, as evidenced by withdrawal 
from the program before its completion or by a positive test 
result on a confirmatory test after completion of the program. 
    (c) Notwithstanding paragraph (a), an employer may 
temporarily suspend the tested employee or transfer that 
employee to another position at the same rate of pay pending the 
outcome of the confirmatory test and, if requested, the 
confirmatory retest, provided the employer believes that it is 
reasonably necessary to protect the health or safety of the 
employee, co-employees, or the public.  An employee who has been 
suspended without pay must be reinstated with back pay if the 
outcome of the confirmatory test or requested confirmatory 
retest is negative. 
    (d) An employer may not discharge, discipline, discriminate 
against, or request or require rehabilitation of an employee on 
the basis of medical history information revealed to the 
employer pursuant to subdivision 6 unless the employee was under 
an affirmative duty to provide the information before, upon, or 
after hire.  
    (e) An employee must be given access to information in the 
employee's personnel file relating to positive test result 
reports and other information acquired in the drug and alcohol 
testing process, and conclusions drawn from and actions taken 
based on the reports or other acquired information. 
    Subd. 11.  [LIMITATION ON WITHDRAWAL OF JOB OFFER.] If a 
job applicant has received a job offer made contingent on the 
applicant passing drug and alcohol testing, the employer may not 
withdraw the offer based on a positive test result from an 
initial screening test that has not been verified by a 
confirmatory test.  
    Sec. 5.  [181.954] [PRIVACY, CONFIDENTIALITY, AND PRIVILEGE 
SAFEGUARDS.] 
    Subdivision 1.  [PRIVACY LIMITATIONS.] A laboratory may 
only disclose to the employer test result data regarding the 
presence or absence of drugs, alcohol, or their metabolites in a 
sample tested. 
    Subd. 2.  [CONFIDENTIALITY LIMITATIONS.] Test result 
reports and other information acquired in the drug or alcohol 
testing process are, with respect to private sector employees 
and job applicants, private and confidential information, and, 
with respect to public sector employees and job applicants, 
private data on individuals as that phrase is defined in chapter 
13, and may not be disclosed by an employer or laboratory to 
another employer or to a third-party individual, governmental 
agency, or private organization without the written consent of 
the employee or job applicant tested.  
    Subd. 3.  [EXCEPTIONS TO PRIVACY AND CONFIDENTIALITY 
DISCLOSURE LIMITATIONS.] Notwithstanding subdivisions 1 and 2, 
evidence of a positive test result on a confirmatory test may 
be:  (1) used in an arbitration proceeding pursuant to a 
collective bargaining agreement, an administrative hearing under 
chapter 43A or other applicable state or local law, or a 
judicial proceeding, provided that information is relevant to 
the hearing or proceeding; (2) disclosed to any federal agency 
or other unit of the United States government as required under 
federal law, regulation, or order, or in accordance with 
compliance requirements of a federal government contract; and 
(3) disclosed to a substance abuse treatment facility for the 
purpose of evaluation or treatment of the employee.  
    Subd. 4.  [PRIVILEGE.] Positive test results from an 
employer drug or alcohol testing program may not be used as 
evidence in a criminal action against the employee or job 
applicant tested. 
    Sec. 6.  [181.955] [CONSTRUCTION.] 
    Subdivision 1.  [FREEDOM TO COLLECTIVELY BARGAIN.] Sections 
1 to 5 shall not be construed to limit the parties to a 
collective bargaining agreement from bargaining and agreeing 
with respect to a drug and alcohol testing policy that meets or 
exceeds, and does not otherwise conflict with, the minimum 
standards and requirements for employee protection provided in 
those sections. 
    Subd. 2.  [EMPLOYEE PROTECTIONS UNDER EXISTING COLLECTIVE 
BARGAINING AGREEMENTS.] Sections 1 to 5 shall not be construed 
to interfere with or diminish any employee protections relating 
to drug and alcohol testing already provided under collective 
bargaining agreements in effect on the effective date of those 
sections that exceed the minimum standards and requirements for 
employee protection provided in those sections. 
    Sec. 7.  [181.956] [REMEDIES.] 
    Subdivision 1.  [EXHAUSTION.] An employee or collective 
bargaining agent may bring an action under this section only 
after first exhausting all applicable grievance procedures and 
arbitration proceeding requirements under a collective 
bargaining agreement; provided that, an employee's right to 
bring an action under this section is not affected by a decision 
of a collective bargaining agent not to pursue a grievance. 
    Subd. 2.  [DAMAGES.] In addition to any other remedies 
provided by law, an employer or laboratory that violates 
sections 1 to 5 is liable to an employee or job applicant 
injured by the violation in a civil action for any damages 
allowable at law.  If a violation is found and damages awarded, 
the court may also award reasonable attorney fees for a cause of 
action based on a violation of sections 1 to 5 if the court 
finds that the employer knowingly or recklessly violated 
sections 1 to 5. 
    Subd. 3.  [INJUNCTIVE RELIEF.] An employee or job 
applicant, a state, county, or city attorney, or a collective 
bargaining agent who fairly and adequately represents the 
interests of the protected class has standing to bring an action 
for injunctive relief requesting the district court to enjoin an 
employer or laboratory that commits or proposes to commit an act 
in violation of sections 1 to 5.  
    Subd. 4.  [OTHER EQUITABLE RELIEF.] Upon finding a 
violation of sections 1 to 5, or as part of injunctive relief 
granted under subdivision 3, a court may, in its discretion, 
grant any other equitable relief it considers appropriate, 
including ordering the injured employee or job applicant 
reinstated with back pay. 
    Subd. 5.  [RETALIATION PROHIBITED.] An employer may not 
retaliate against an employee for asserting rights and remedies 
provided in sections 1 to 5. 
    Sec. 8.  [181.957] [FEDERAL PREEMPTION.] 
    Subdivision 1.  [EXCLUDED EMPLOYEES AND JOB 
APPLICANTS.] Except as provided under subdivision 2, the 
employee and job applicant protections provided under sections 1 
to 7 do not apply to employees and job applicants where the 
specific work performed requires those employees and job 
applicants to be subject to drug and alcohol testing pursuant to:
    (1) federal regulations that specifically preempt state 
regulation of drug and alcohol testing with respect to those 
employees and job applicants; 
    (2) federal regulations or requirements necessary to 
operate federally regulated facilities; 
    (3) federal contracts where the drug and alcohol testing is 
conducted for security, safety, or protection of sensitive or 
proprietary data; or 
    (4) state agency rules that adopt federal regulations 
applicable to the interstate component of a federally regulated 
industry, and the adoption of those rules is for the purpose of 
conforming the nonfederally regulated intrastate component of 
the industry to identical regulation. 
    Subd. 2.  [EXCLUSION LIMITED.] Employers and testing 
laboratories must comply with the employee and job applicant 
protections provided under sections 1 to 7, with respect to 
employees or job applicants otherwise excluded under subdivision 
1 from those protections, to the extent that the provisions of 
sections 1 to 7 are not inconsistent with or specifically 
preempted by the federal regulations, contract, or requirements 
applicable to drug and alcohol testing. 
    Sec. 9.  [APPROPRIATION.] 
    (a) $47,000 is appropriated from the general fund to the 
commissioner of health for the purpose of administering sections 
1 to 8 to be available until June 30, 1988.  
    (b) Notwithstanding section 4, subdivision 1, paragraph 
(d), during the biennium ending June 30, 1989, the commissioner 
shall set the license fee at an amount so that the total fee 
receipts collected will recover only the costs of administering 
section 4, subdivision 1, plus the general fund appropriation 
under this section. 
    (c) $47,000 must be transferred from the special account 
established under section 4, subdivision 1, paragraph (d), to 
the general fund on June 30, 1989. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 1 to 9 are effective September 1, 1987. 
    Approved June 3, 1987