Legislature(1993 - 1994)

1993-03-15 Senate Journal

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1993-03-15                     Senate Journal                      Page 0804
SB 69                                                                        
SENATE BILL NO. 69 "An Act prohibiting employers from                          
discriminating against individuals who use legal products in a legal           
manner outside of work" was read the second time.                              
                                                                               
Senator Taylor moved for the adoption of the Judiciary Committee               
Substitute offered on page 688.  Senator Adams objected, then                  
withdrew his objection.  Senator Duncan objected.                              
                                                                               
Senator Duncan called the Senate.  The call was satisfied.                     
                                                                               
The question being: "Shall the Judiciary Committee Substitute be               
adopted?"  The roll was taken with the following result:                       
                                                                               
SB 69                                                                          
Adopt Judiciary Committee Substitute?                                          
                                                                               
YEAS:  11   NAYS:  8   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Jacko, Leman, Miller, Pearce,                   
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Nays:  Adams, Duncan, Ellis, Kelly, Kerttula, Little, Salo, Zharoff            
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, the Judiciary Committee Substitute was adopted.                        

1993-03-15                     Senate Journal                      Page 0805
SB 69                                                                        
CS FOR SENATE BILL NO. 69(JUD) was read the second time.                       
                                                                               
Senator Little offered Amendment No. 1 :                                        
                                                                               
	Page 1, lines 1 - 2:                                                          
		Delete "who use legal products in a legal manner                            
		outside of work."                                                           
		Insert "based on the use of legal products."                               
                                                                               
	Page 1, line 5:                                                               
		Delete "FOR LAWFUL"                                                          
		Insert "BASED ON THE"                                                        
                                                                               
	Page 2, after line 15:                                                        
		Insert a new subsection to read:                                             
	"(c)  An employer may not refuse to hire,                                   
discharge, or otherwise discriminate against an                                
individual with respect to compensation, privileges,                           
terms, or conditions of employment because the                                 
individual does not use a lawful product."                                     
                                                                               
	Reletter the following subsections accordingly.                               
                                                                              
Senator Little moved for the adoption of Amendment No. 1.  Senator             
Kelly objected.                                                                
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 69 (JUD)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Frank, Halford, Jacko, Kerttula, Leman,           
Little, Miller, Pearce, Phillips, Rieger, Salo, Zharoff                        
                                                                               
Nays:  Duncan, Kelly, Sharp, Taylor                                            

1993-03-15                     Senate Journal                      Page 0806
SB 69                                                                        
Excused:  Lincoln                                                              
                                                                               
Duncan changed from "Yea" to "Nay".                                            
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
                                                                               
Senator Adams offered Amendment No. 2 :                                         
                                                                               
	Page 2, line 14:                                                              
		Delete "where"                                                               
	Insert "if the employer communicated the standards                           
of conduct to the employee before the employee engaged in                      
the activity giving rise to the disadvantage to the employee                   
and if"                                                                        
                                                                              
Senator Adams moved for the adoption of Amendment No. 2.                       
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 69 (JUD) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  10   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Little, Salo,            
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
                                                                               

1993-03-15                     Senate Journal                      Page 0807
SB 69                                                                        
Senator Salo offered Amendment No. 3 :                                          
                                                                               
Page 2, lines 11-15                                                           
		Delete Subsection 3                                                          
                                                                               
Senator Salo moved for the adoption of Amendment No. 3.                        
Objections were heard.                                                         
                                                                               
The question being: "Shall Amendment No. 3 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 69 (JUD) am                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  9   NAYS:  10   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Kelly, Kerttula, Little, Salo, Taylor,            
Zharoff                                                                        
                                                                               
Nays:  Donley, Frank, Halford, Jacko, Leman, Miller, Pearce,                   
Phillips, Rieger, Sharp                                                        
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
Senator Rieger offered Amendment No. 4 :                                        
                                                                               
	Page 2, line 5                                                                
		after "use" insert "or lack of use"                                          
                                                                               
Senator Rieger moved for the adoption of Amendment No. 4.                      
Senator Duncan objected, then withdrew his objection.  There being             
no further objection, Amendment No. 4 was adopted.                             
                                                                               
                                                                               

1993-03-15                     Senate Journal                      Page 0808
SB 69                                                                        
Senator Little offered Amendment No. 5 :                                        
                                                                               
	Page 1, line 5                                                                
		Insert "OR NON-USE" after LAWFUL USE                                         
                                                                               
Senator Little moved for the adoption of Amendment No. 5.  Senator             
Taylor objected, then withdrew his objection.  There being no further          
objection, Amendment No. 5 was adopted.                                        
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 69(JUD) am  be considered engrossed,                           
advanced to third reading and placed on final passage.  Without                
objection, it was so ordered.                                                  
                                                                               
                                                                               
CS FOR SENATE BILL NO. 69(JUD) am was read the third time.                     
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 69(JUD)                     
am "An Act prohibiting employers from discriminating against                   
individuals based on the use of legal products" pass the Senate?"              
The roll was taken with the following result:                                  
                                                                               
CSSB 69 (JUD) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  9   NAYS:  10   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Jacko, Kelly, Phillips, Rieger, Salo, Sharp,            
Taylor                                                                         
                                                                               
Nays:  Adams, Ellis, Frank, Halford, Kerttula, Leman, Little, Miller,          
Pearce, Zharoff                                                                
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, CS FOR SENATE BILL NO. 69(JUD) am failed.                              
                                                                               
Senator Pearce gave notice of reconsideration.