03/27/2008 01:30 PM Senate LABOR & COMMERCE

              SB 113-NURSING MOTHERS IN WORKPLACE                                                                           
                                                                                                                              
1:41:29 PM                                                                                                                    
CHAIR ELLIS announced SB 113 to be up for consideration. He                                                                     
noted a proposed CS.                                                                                                            
                                                                                                                                
PATRICK CUNNINGHAM, staff to Senator Ellis, sponsor of SB 113,                                                                  
explained CSSB 113(L&C) 25-LS0435\E, and that changes were made                                                                 
to better clarify the intent of  the bill in response to question                                                               
raised in  the first  hearing. One  was on page  1, line  10, (b)                                                               
that says an  employer shall provide a private  and sanitary room                                                               
or other location  in close proximity to the work  area. The word                                                               
"secure" was deleted to provide  more flexibility to the employer                                                               
to provide the  room without enduring any additional  cost. A new                                                               
section was  added on  line 13  (c) that  states nothing  in this                                                               
section requires an  employer to allow a child in  the work place                                                               
at  times   other  than  break  times.   This  addresses  Senator                                                               
Stevens's  concern that  employers might  be required  to provide                                                               
day care services.                                                                                                              
                                                                                                                                
MR.  CUNNINGHAM went  on  to  say that  section  (e) was  deleted                                                               
because the  language "undue hardship"  was no  longer necessary.                                                               
The overriding  emphasis is  to provide  reasonable accommodation                                                               
to the nursing mother.                                                                                                          
                                                                                                                                
SENATOR  BUNDE  asked  how  "reasonable"   would  be  defined  in                                                               
relation to "undue hardship".                                                                                                   
                                                                                                                                
MR. CUNNINGHAM answered that could be addressed in regulation.                                                                  
                                                                                                                                
CHAIR ELLIS set SB 113 aside for further work.