SENATOR KELLY introduced SB 69 (RIGHT TO USE LAWFUL PRODUCTS) and asked the prime sponsor, SENATOR TAYLOR, to testify on the bill. Number 229 SENATOR TAYLOR discussed the provisions of SB 69 which would prohibit "employers from discriminating against individuals who use legal products in a legal manner outside of work." He claimed it would strengthen the constitutional guarantee against discrimination by employers, and he reviewed the results of a survey showing that Alaskans have a growing concern about employer intrusion into their private lives. SENATOR TAYLOR said it was wrong for employers to prohibit the use of or deny employment to individuals using legal products in their off work time. He reported a poll in Alaska showing 91% of those polled thought it was inappropriate for employers to deny jobs for conduct away from the work place. SENATOR TAYLOR indicated SB 69 would not prohibit employers from passing increased costs for health benefits due to smoking or drinking on to their employees. He concluded by reading an editorial supporting the provisions of SB 69. SENATOR KELLY asked for a progress report on similar legislation in the last session. Several voices in the audience offered information and said it had been stopped in House Rules. SENATOR KELLY opened the bill to questions. Number 276 SENATOR SALO referred to page 2, section (c) of SB 69 to question the inclusion of "educational institution," which could allow a school district in the State of Alaska to ask teachers whether they smoke or drink off the job. SENATOR TAYLOR explained the provision was primarily for parochial schools. SENATOR SALO asked how the legislation could be narrowed to match the intent of private entities. SENATOR RIEGER, in reference to page 1, lines 8 and 9, asked for clarification of the language. SENATOR KELLY asked the committee about SENATOR SALO'S concerns, and SENATOR TAYLOR said the language had already been modified. He suggested the drafter could give an opinion, but as written the bill only included religious schools. SENATOR KELLY and SENATOR TAYLOR agreed the wording could be resolved, if necessary, in the Judiciary Committee - the next referral. Number 333 Next to testify was MIKE MCMULLEN, representing the Department of Administration, who expressed concern in cases where there was a genuine connection between the off duty conduct and the ability to perform successfully for the employer. He gave examples of off duty activities which have a connection to job performance, and he said the state was most interested in alcohol consumption among personnel who deal with alcohol related crimes. MR. MCMULLEN said the Administration was looking for a nexus provision to be added to the bill. SENATOR KELLY asked for suggested language, and MR. MCMULLEN direct attention to page 2, line 2 after standards, and before the ; to add the language, "where there is a demonstrable nexus with the individual's employment." SENATOR KELLY asked why the word connection wasn't used, but MR. MCMULLEN defended the use of nexus. SENATOR KELLY asked for the opinion of the sponsor, and SENATOR TAYLOR agreed there might be some cases where it might be needed in law enforcement. SENATOR KELLY discussed with MR. MCMULLEN the Administration's problem with the legislation. Number 388 SENATOR RIEGER thought off duty use of alcohol might better be written into specific job descriptions, but he expressed no problem with MR. MCMULLEN'S proposed amendment. SENATOR SALO expressed a problem with the proposed language, which she explained would substantially weaken the bill. She discussed the subjective nature of "demonstrable nexus." SENATOR RIEGER suggested the burden should be put on the employer making it "demonstrated nexus." There was a discussion among the committee members and MR. MCMULLEN about the difference between demonstrable and demonstrated. SENATOR KELLY asked for ideas, and SENATOR TAYLOR thought it might be a large loophole and agreed with SENATOR SALO'S point. Number 422 SENATOR SALO said the bill's greatest application would be in the protection against discriminatory hiring practices, and she gave some examples of a preferable approach to limiting off duty behavior. She didn't think the suggested language would address the narrow intent of the Administration. MR. MCMULLEN defended the use of nexus as having a history in arbitration and gave examples of its use. SENATOR RIEGER thought both points of view should be debated in the Judiciary Committee and suggested a change that would satisfy him. SENATOR SALO moved to pass SENATE BILL NO. 69 from committee with individual recommendations. Without objections, so ordered.