Legislature(1993 - 1994)
03/08/1993 02:30 PM Senate JUD
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.