03/10/1993 01:00 PM House JUD

  HB 62 EMPLOYEE'S RIGHT TO USE LAWFUL PRODUCTS                                
                                                                               
  Number 284                                                                   
                                                                               
  GAYLE HORETSKI, COMMITTEE COUNSEL to the HOUSE JUDICIARY                     
  COMMITTEE, stated that the committee had requested that a                    
  committee substitute for HB 62 be drafted.  She distributed                  
  a memorandum from Teresa Cramer of the Legal Services                        
  Division to committee members.                                               
                                                                               
  MS. HORETSKI called the members' attention to page 2, lines                  
  21 and 22, of the draft committee substitute dated March 9,                  
  1993.  She commented that Rep. Phillips had suggested                        
  amending the definitions of "worksite" and "premises of the                  
  employer."  The bill drafter had opted not to define                         
  "worksite," but rather to say that "premises of the                          
  employer" included camps or other living accommodations                      
  provided or maintained by the employer at or near the                        
  worksite.                                                                    
                                                                               
  MS. HORETSKI noted that there was a companion bill in the                    
  Senate, SB 69, for which a committee substitute had been                     
  passed out of the Senate Judiciary Committee.  She commented                 
  that the Senate Judiciary Committee had also defined                         
  "premises of the employer," although in a manner somewhat                    
  different from the language in the proposed House Judiciary                  
  committee substitute for HB 62.                                              
                                                                               
  Number 361                                                                   
                                                                               
  REP. PHILLIPS stated that she had spoken with Rep.                           
  Grussendorf, sponsor of HB 62, earlier in the day.  They had                 
  agreed that language in HB 62 could be amended to read,                      
  "premises of the employer includes camps."  She said that                    
  they had also agreed that the bill could refer to "camps or                  
  other living accommodations provided or maintained by the                    
  employer adjacent to the worksite."  She noted that her                      
  preference was the former alternative.                                       
                                                                               
  CHAIRMAN PORTER commented that the language might need to                    
  specify "on or adjacent to."                                                 
                                                                               
  REP. PHILLIPS agreed with the Chairman.  She noted that Rep.                 
  Grussendorf's aide had informed her that the sponsor was                     
  amenable to including the phrase "on or adjacent to."  She                   
  said that the language was amended in an attempt to exclude                  
  situations in which an employer was paying to house                          
  employees in a motel or other housing where there were no                    
  restrictions on use of lawful products.                                      
                                                                               
  Number 400                                                                   
                                                                               
  REP. DAVIDSON asked if an amendment had been offered.                        
                                                                               
  CHAIRMAN PORTER asked Rep. Grussendorf's aide to address the                 
  proposed language change.                                                    
                                                                               
  Number 403                                                                   
                                                                               
  DOUG RICKEY, STAFF to REP. BEN GRUSSENDORF, commented that                   
  Rep. Grussendorf supported the language which he and Rep.                    
  Phillips had discussed earlier in the day.  Mr. Rickey added                 
  that Rep. Grussendorf would also be comfortable with the                     
  "adjacent to" language.                                                      
                                                                               
  Number 414                                                                   
                                                                               
  REP. DAVIDSON asked if, under the amended definition,                        
  "premises of the employer" would include a house in Juneau                   
  provided by the employer to an employee of the Greens Creek                  
  Mine.                                                                        
  REP. PHILLIPS replied that Rep. Davidson's question was the                  
  reason why she was advocating the language "premises of the                  
  employer includes camps."                                                    
                                                                               
  CHAIRMAN PORTER asked whether the committee would need to                    
  define "camps."                                                              
                                                                               
  REP. PHILLIPS expressed her opinion that a definition of                     
  "camps" probably already existed in statute.                                 
                                                                               
  CHAIRMAN PORTER noted his concern over referring to camps,                   
  as he said there were work camps and Boy Scout camps.                        
                                                                               
  REP. PHILLIPS commented that the Boy Scout Association was                   
  not an employer.                                                             
                                                                               
  CHAIRMAN PORTER said that the Boy Scout Association did                      
  employ people to supervise children.                                         
                                                                               
  REP. PHILLIPS suggested including the rest of the wording,                   
  which had been previously discussed by the committee.                        
                                                                               
  CHAIRMAN PORTER supported adding the language, "includes                     
  camps or other living accommodations provided or maintained                  
  by the employer on or adjacent to the worksite."                             
                                                                               
  Number 471                                                                   
                                                                               
  REP. DAVIDSON made a motion to adopt the draft committee                     
  substitute.  There being no objection, it was so ordered.                    
                                                                               
  REP. DAVIDSON then made a motion to amend the draft                          
  committee substitute on page 2, line 22, to delete "near"                    
  and add "adjacent to."                                                       
                                                                               
  CHAIRMAN PORTER noted that as proposed to be amended, the                    
  bill would read, "employer at or adjacent to the worksite."                  
  Hearing no objection to the amendment, it was adopted.                       
                                                                               
  REP. DAVIDSON made a motion to pass CSHB 62(JUD) out of                      
  committee with individual recommendations and a zero fiscal                  
  note.  There being no objection, it was so ordered.                          
                                                                               
  Number 609                                                                   
                                                                               
  REP. GREEN commented that the companion bill in the Senate                   
  was in the Senate Rules Committee.                                           
                                                                               
  CHAIRMAN PORTER responded by saying that SB 69 would likely                  
  be referred directly to the House Judiciary Committee when                   
  it was transmitted to the House.                                             
                                                                               
  CHAIRMAN PORTER announced that the committee would now take                  
  up HB 147, Employer's Liability for Reference Info.                          
                                                                               
  (Rep. Davidson left.)