00CS FOR SENATE BILL NO. 69(JUD)                                                                                          
01 "An Act prohibiting employers from discriminating against individuals who use                                           
02 legal products in a legal manner outside of work."                                                                      
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.10 is amended by adding a new section to article 7 to read:                                      
05  Sec. 23.10.445.  NONDISCRIMINATION FOR LAWFUL USE OF                                                                  
06 PRODUCTS.  (a)  An employer may not refuse to hire, discharge, or otherwise                                             
07 discriminate against an individual with respect to compensation, privileges, terms, or                                  
08 conditions of employment because the individual uses a lawful product in a lawful                                       
09 manner during nonworking hours and for the individual's personal consumption when                                       
10 not wearing or carrying clothing or other items that identify the individual as an                                      
11 employee of the employer and when in places other than the premises or vehicles of                                      
12 the employer.                                                                                                           
13  (b)  It is not a violation of this section for an employer to                                                         
14   (1)  discharge an individual or otherwise disadvantage an individual with                                            

01 respect to compensation, terms, conditions, or privileges of employment if that decision                                
02 is based on the individual's failure to meet job performance standards;                                                 
03   (2)  offer, impose, or have in effect a health, disability, or life insurance                                        
04 policy that makes distinctions between employees for the type of coverage or the                                        
05 coverage based upon the employees' use of legal products; if differential premium                                       
06 rates apply,                                                                                                            
07   (A)  the differential premium rates charged employees must                                                          
08 reflect a differential cost to the employer; and                                                                        
09   (B)  the employer shall provide employees with a written                                                            
10 statement setting out the differential rates used by the insurance carriers;                                            
11   (3)  discharge an individual or otherwise disadvantage an individual with                                            
12 respect to compensation, terms, conditions, or privileges of employment if the                                          
13 individual fails to comply with an employer's reasonable standards of conduct, even                                     
14 during nonworking hours, where the employer can demonstrate a close relationship                                        
15 between the standards and the employer's business.                                                                      
16  (c)  This section does not apply to a religious corporation, association,                                             
17 educational institution, or society with respect to the employment of individuals who                                   
18 perform work connected with the carrying on, by the religious entity, of its activities.                                
19  (d)  In this section,                                                                                                 
20   (1)  "employee" means a person employed by an employer;                                                              
21   (2)  "employer" means a person, including the state and political                                                    
22 subdivisions of the state, that employs 10 or more persons in the state;                                                
23   (3)  "premises of the employer" includes camps or other living                                                       
24 accommodations provided or maintained by the employer.