SB 113-NURSING MOTHERS IN WORKPLACE                                                                           
                                                                                                                              
1:42:37 PM                                                                                                                    
CHAIR ELLIS announced SB 113 to be up for consideration.                                                                        
                                                                                                                                
PATRICK CUNNINGHAM,  staff to Senator  Ellis, sponsor of  SB 113,                                                               
explained  the proposed  CS  [referred to  as  CSSB 113(L&C)  25-                                                               
LS0435\E] made two  changes. He said the intent of  the CS was to                                                               
provide   more  flexibility   to   the  employer   in  terms   of                                                               
implementing the  bill. One change was  on page 1, line  10, that                                                               
deleted "secure"  and inserted "private and  sanitary". The other                                                               
change added a new section on  page 1, line 13, that says nothing                                                               
in this  section requires  an employer  to allow  a child  in the                                                               
workplace  at times  other  than  break times  -  in response  to                                                               
Senator Stevens' concern  that an employer would  have to provide                                                               
day care and the child would be allowed to stay all day.                                                                        
                                                                                                                                
SENATOR  STEVENS   moved  to  adopt  version   E  for  discussion                                                               
purposes. There were no objections and it was so ordered.                                                                       
                                                                                                                                
SENATOR STEVENS said he hadn't  heard from business organizations                                                               
like  the Chamber  of Commerce  about the  impact of  providing a                                                               
clean and  private room and he  would like to hear  some feedback                                                               
on that issue.                                                                                                                  
                                                                                                                                
1:46:41 PM                                                                                                                    
DENNY DEWITT,  National Federal of Independent  Business, opposed                                                               
SB 113. The issue for them  is not the efficacy of breastfeeding,                                                               
because they  have been able to  work these issues out.  He said,                                                               
however, that some small employers who  have a business in a mall                                                               
may  not even  have  a  restroom of  their  own;  so providing  a                                                               
private and  sanitary room becomes  a real problem.  Putting this                                                               
in the labor  code would allow some inspector to  make a judgment                                                               
on what  is an undue hardship  for the employer. This  person has                                                               
no fiduciary responsibility for their decision.                                                                                 
                                                                                                                                
SENATOR  STEVENS asked  Mr. Cunningham  what  this measure  would                                                               
mean for public schools.                                                                                                        
                                                                                                                                
MR.  CUNNINGHAM replied  he thought  rooms  for nursing  teachers                                                               
could be provided, but that would  be up to the state agency that                                                               
was charged  with implementing the  program to clarify.  He hoped                                                               
in the long  run that the requirements would be  minimal and that                                                               
most  facilities  would be  able  to  work  something out  for  a                                                               
nursing  mother and  child  recognizing how  important  it is  to                                                               
promote the wellbeing of both.                                                                                                  
                                                                                                                                
CHAIR  ELLIS  asked  if  he found  information  about  how  other                                                               
countries handle this situation.                                                                                                
                                                                                                                                
MR. CUNNINGHAM  answered he  looked at the  issue from  the state                                                               
perspective, not  the international. All the  Pacific states with                                                               
the exception of  Alaska have this friendly  legislation in place                                                               
already. Some  studies of  corporations have  found accommodating                                                               
nursing  mothers  benefits  the   employer  because  since  their                                                               
children are healthier, they don't have  to miss work to care for                                                               
sick ones.                                                                                                                      
                                                                                                                                
CHAIR  ELLIS said  this bill  is  a conversation  starter and  he                                                               
would like  to send  it on;  he knew that  more debate  needed to                                                               
happen.                                                                                                                         
                                                                                                                                
SENATOR  DAVIS commented  that lots  of  employers already  allow                                                               
employees  to  have  a  place  to  nurse  and  express  milk.  It                                                               
shouldn't be much  of a problem in schools,  because they already                                                               
have  at least  a  nurse's office  that could  be  used for  this                                                               
purpose.  Even small  businesses could  use just  a cubicle.  She                                                               
thought most employees would probably  go along with a good faith                                                               
effort to provide a room.                                                                                                       
                                                                                                                                
SENATOR  DAVIS moved  to report  CSSB  113 (L&C)  version E  from                                                               
committee   with  individual   recommendations.  There   were  no                                                               
objections and it was so ordered.