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.)