02/02/1993 01:35 PM Senate L&C

  SENATOR  KELLY  introduced  SB  69   (RIGHT  TO  USE  LAWFUL                 
  PRODUCTS) and asked  the prime  sponsor, SENATOR TAYLOR,  to                 
  testify on the bill.                                                         
                                                                               
  Number 229                                                                   
                                                                               
  SENATOR TAYLOR discussed the provisions of SB 69 which would                 
  prohibit "employers from discriminating  against individuals                 
  who use legal products  in a legal manner outside  of work."                 
  He claimed  it would strengthen the constitutional guarantee                 
  against discrimination  by  employers, and  he reviewed  the                 
  results of  a survey  showing that  Alaskans have  a growing                 
  concern about employer intrusion into their private lives.                   
                                                                               
  SENATOR TAYLOR said it  was wrong for employers to  prohibit                 
  the use  of or  deny employment  to individuals  using legal                 
  products  in their  off work  time.   He reported a  poll in                 
  Alaska  showing  91%   of  those   polled  thought  it   was                 
  inappropriate for employers  to deny  jobs for conduct  away                 
  from the work place.   SENATOR TAYLOR indicated SB  69 would                 
  not  prohibit employers  from  passing  increased costs  for                 
  health benefits  due  to smoking  or  drinking on  to  their                 
  employees.  He concluded by  reading an editorial supporting                 
  the provisions of SB 69.                                                     
                                                                               
  SENATOR  KELLY  asked  for  a  progress  report  on  similar                 
  legislation  in the  last  session.   Several voices  in the                 
  audience offered information and said it had been stopped in                 
                                                                               
                                                                               
  House Rules.  SENATOR KELLY opened the bill to questions.                    
                                                                               
  Number 276                                                                   
                                                                               
  SENATOR SALO referred  to page  2, section (c)  of SB 69  to                 
  question the  inclusion of "educational  institution," which                 
  could allow a school district in the State  of Alaska to ask                 
  teachers whether they smoke or drink off the job.                            
                                                                               
  SENATOR  TAYLOR explained  the provision  was primarily  for                 
  parochial schools.                                                           
                                                                               
  SENATOR SALO asked how the legislation could be narrowed  to                 
  match the intent of private entities.                                        
                                                                               
  SENATOR RIEGER, in reference to page 1, lines 8 and 9, asked                 
  for clarification of the language.                                           
                                                                               
  SENATOR  KELLY  asked  the committee  about  SENATOR  SALO'S                 
  concerns, and SENATOR  TAYLOR said the language  had already                 
  been modified.    He suggested  the  drafter could  give  an                 
  opinion, but  as written  the bill  only included  religious                 
  schools.                                                                     
                                                                               
  SENATOR KELLY and SENATOR TAYLOR agreed the wording could be                 
  resolved, if  necessary, in  the Judiciary  Committee -  the                 
  next referral.                                                               
                                                                               
  Number 333                                                                   
                                                                               
  Next  to   testify  was  MIKE  MCMULLEN,   representing  the                 
  Department of Administration, who expressed concern in cases                 
  where there  was a genuine  connection between the  off duty                 
  conduct  and  the ability  to  perform successfully  for the                 
  employer.   He gave examples  of off  duty activities  which                 
  have a connection to job performance,  and he said the state                 
  was  most interested in  alcohol consumption among personnel                 
  who deal with alcohol related crimes.  MR. MCMULLEN said the                 
  Administration was looking for a nexus provision to be added                 
  to the bill.                                                                 
                                                                               
  SENATOR KELLY asked for suggested language, and MR. MCMULLEN                 
  direct  attention  to page  2, line  2 after  standards, and                 
  before  the  ;  to  add  the  language, "where  there  is  a                 
  demonstrable  nexus  with   the  individual's   employment."                 
  SENATOR KELLY asked why the word connection wasn't used, but                 
  MR. MCMULLEN defended the use of nexus.                                      
                                                                               
  SENATOR KELLY  asked for  the  opinion of  the sponsor,  and                 
  SENATOR  TAYLOR agreed  there might  be some cases  where it                 
  might be needed in law enforcement.                                          
                                                                               
  SENATOR   KELLY    discussed   with    MR.   MCMULLEN    the                 
  Administration's problem with the legislation.                               
                                                                               
                                                                               
  Number 388                                                                   
                                                                               
  SENATOR RIEGER thought off duty use of alcohol might  better                 
  be written into specific job  descriptions, but he expressed                 
  no problem with MR. MCMULLEN'S proposed amendment.                           
                                                                               
  SENATOR SALO expressed a problem with the proposed language,                 
  which she  explained  would substantially  weaken the  bill.                 
  She discussed the subjective nature of "demonstrable nexus."                 
                                                                               
                                                                               
  SENATOR  RIEGER suggested  the burden should  be put  on the                 
  employer  making  it  "demonstrated  nexus."   There  was  a                 
  discussion  among  the  committee members  and  MR. MCMULLEN                 
  about the difference between demonstrable and demonstrated.                  
                                                                               
  SENATOR KELLY asked for ideas, and SENATOR TAYLOR thought it                 
  might be  a large  loophole and  agreed with SENATOR  SALO'S                 
  point.                                                                       
                                                                               
  Number 422                                                                   
                                                                               
  SENATOR SALO said  the bill's greatest application  would be                 
  in the protection  against discriminatory hiring  practices,                 
  and  she gave  some  examples of  a  preferable approach  to                 
  limiting  off duty behavior.  She didn't think the suggested                 
  language   would   address   the   narrow  intent   of   the                 
  Administration.                                                              
                                                                               
  MR. MCMULLEN defended the  use of nexus as having  a history                 
  in arbitration and gave examples of its use.                                 
                                                                               
  SENATOR RIEGER thought both points of view should be debated                 
  in the Judiciary Committee and suggested a change that would                 
  satisfy him.                                                                 
                                                                               
  SENATOR SALO moved to pass SENATE BILL NO. 69 from committee                 
  with  individual recommendations.    Without objections,  so                 
  ordered.