03/08/1993 02:30 PM Senate JUD

  SENATOR TAYLOR returned SB 69 (RIGHT TO USE LAWFUL PRODUCTS)                 
  to committee.  He noted there were some proposed amendments,                 
  and copies were distributed.                                                 
                                                                               
  Number 307                                                                   
                                                                               
  SENATOR TAYLOR moved to adopt  Amendment #1, which would add                 
  a new  entry in the definition section  (d) on page 2, after                 
  line 17  to say, "(3)  "premises of  the employer"  includes                 
  camps or other living  accommodations provided or maintained                 
                                                                               
                                                                               
  by an employer."                                                             
                                                                               
  SENATOR TAYLOR led a discussion on the  amendment, using the                 
  example   of   preventing  religiously   owned   camps  from                 
  prohibiting the use of  lawful products in their camps.   He                 
  said other camps have also decided they don't want alcoholic                 
  beverages in camp.                                                           
                                                                               
  SENATOR LITTLE  clarified  of the  sponsor, SENATOR  TAYLOR,                 
  that the bill  would prevent ARCO  from enforcing their  "no                 
  alcohol" requirement on the slope.  SENATOR TAYLOR said that                 
  would  only apply if  the amendment wasn't  passed.  SENATOR                 
  LITTLE then  clarified the bill would allow ARCO to maintain                 
  their "no alcohol" prohibition, and SENATOR TAYLOR agreed.                   
                                                                               
  SENATOR JACKO moved  Amendment #1.   Without objections,  so                 
  ordered.                                                                     
                                                                               
  SENATOR  TAYLOR produced  another  amendment,  #2, from  the                 
  Department of Administration, which was distributed.                         
                                                                               
  SENATOR LITTLE asked SENATOR TAYLOR for the basic intent  of                 
  the  legislation  and  under  what  circumstances, it  would                 
  apply.                                                                       
                                                                               
  SENATOR TAYLOR  explained the  basic intent  was to  provide                 
  protection  for  the  lawful and  appropriate  use  of legal                 
  substances on off-duty  hours.  SENATOR  LITTLE asked if  he                 
  meant alcohol and tobacco, and he said "primarily."                          
                                                                               
  SENATOR  HALFORD  thought there  should  be a  definition of                 
  "legal  product,"  and  there  ensued  a discussion  of  the                 
  definition.                                                                  
                                                                               
  Number 368                                                                   
                                                                               
  SENATOR  TAYLOR  did not  express  support for  the proposed                 
  amendment  from the  Administration.    While the  committee                 
  contemplated  the amendment,  SENATOR  TAYLOR called  on his                 
  aide,  JOE  AMBROSE,  to  share   some  information  on  the                 
  Disabilities Act.                                                            
                                                                               
  MR. AMBROSE explained, in the course  of doing some research                 
  on the legislation, there was a question from ARCO as to how                 
  the legislation would impact their program to aid people who                 
  were in recovery for alcohol or  drug abuse.  Basically, the                 
  bill wouldn't have  any impact as  far as their program  was                 
  concerned,  but  it  was  also  discovered  that  under  the                 
  Americans with Disabilities  Act, alcoholism is now  defined                 
  as a disability, and comes under the scope of the act.                       
                                                                               
  MR. AMBROSE suggested  that everyone needed to  define their                 
  obligations under the federal legislation.                                   
                                                                               
                                                                               
  SENATOR JACKO asked  for an  interpretation of Amendment  #2                 
  from the Administration.                                                     
                                                                               
  MR. AMBROSE said the amendment was vague which would nullify                 
  the purpose of the  legislation, and he raised the  question                 
  of "nexus" as explained by the Administration.                               
                                                                               
  Number 405                                                                   
                                                                               
  SENATOR TAYLOR was  concerned the amendment did  not address                 
  reasonable  standards of  conduct,  and he  described  these                 
  concerns to get around the provisions of  the act.  He again                 
  said he  did not officially offer the  amendment, but wanted                 
  the committee to have the opportunity to discuss it.                         
                                                                               
  SENATOR  LITTLE moved Amendment  #3 from  the Administration                 
  which would add a new paragraph  after line 10 on page 2  to                 
  read, "(3) discharge an individual or otherwise disadvantage                 
  an   individual   with  respect   to   compensation,  terms,                 
  conditions,  or privileges  of employment if  the individual                 
  fails to comply  with an employer's reasonable  standards of                 
  conduct, even  during nonworking  hours, where the  employer                 
  cam  demonstrate a close  relationship between the standards                 
  and the employer's business."  SENATOR TAYLOR objected.                      
                                                                               
  SENATOR JACKO asked SENATOR LITTLE for her interpretation of                 
  the amendment.  SENATOR LITTLE said she was not enthusiastic                 
  about  the  bill  in  its  entirety,  but  she  thought  the                 
  amendment  would make  it more  palatable, and  she gave  an                 
  example.                                                                     
                                                                               
  There ensued a discuss of the amendment in relation to SATCH                 
  CARLSON, the Raven decision on  marijuana, lawful product v.                 
  legal products, federal law, rural options, and required job                 
  performance standards.                                                       
                                                                               
  Number 468                                                                   
                                                                               
  SENATOR LITTLE re-introduced Amendment #2,  and it passed on                 
  a 4-1 vote.                                                                  
                                                                               
  SENATOR  LITTLE  asked if  there  was  a real  need  for the                 
  legislation, and SENATOR TAYLOR indicated  there was lots of                 
  support for the legislation - especially from smokers.                       
                                                                               
  SENATOR JACKO moved to pass CS FOR SENATE BILL NO. 69(JUD)                   
  (RIGHT  TO   USE  LAWFUL   PRODUCTS)  from   committee  with                 
  individual recommendations.  Without objections, so ordered.