S0003B0889A06041 VDL:NLH 03/14/16 #90 A06041
AMENDMENTS TO SENATE BILL NO. 3 (As amended by A05835)
Sponsor: REPRESENTATIVE BAKER
Printer's No. 889
Amend Bill, page 42, by inserting between lines 25 and 26
(A05835)
(a) No required coverage.--
Amend Bill, page 42, by inserting between lines 28 and 29
(A05835)
(b) Definition.--As used in this section, the term "insurer"
includes all of the following:
(1) A workers' compensation payer or insurer.
(2) A self-insured workers' compensation employer.
(3) The State Workers Insurance Fund.
(4) The Uninsured Employers Guaranty Fund.
(5) A private liability insurer or self insurer of any
type, including a motor vehicle, property or general
liability carrier.
Amend Bill, page 43, lines 2 through 7 (A05835), by striking
out "an employer's ability to discipline an" in line 2; all of
lines 3 through 6 and "(3) in line 7 and inserting
the ability of an employer to do any of the following if the
employer has reason to believe that being under the influence
of medical marijuana could cause an employee's conduct to
fall below the standard of care normally accepted for the
employee's position:
(i) Prohibit an employee from being under the
influence of medical marijuana in the workplace.
(ii) Prohibit an employee from working while under
the influence of medical marijuana.
(iii) Require employees or job applicants to
disclose a prescription for or use of medical marijuana.
(3) This act shall in no way limit an employer's ability
to discipline an employee for violating a workplace policy
under paragraph (2).
(4) This act shall in no way limit an employer's ability
to drug test employees or job applicants.
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(5) Nothing in this act shall require an employer to
commit any act that would put the employer or any person
acting on an employer's behalf at risk of losing a Federal
contract or Federal funding.
(6) No workers' compensation benefits shall be paid for
an accident or injury caused by or contributed to by medical
marijuana use in violation of the prescribed dosage,
treatment regimen or workplace policy under paragraph (2)(i).
(7) The following shall apply to unemployment
compensation:
(i) An employer shall be granted relief from charges
if a former employee is granted unemployment compensation
benefits because the employer could not accommodate the
employee's lawful use of medical marijuana.
(ii) An employee whose separation from employment
was caused by any of the following shall be deemed to
have committed willful misconduct and, therefore, to be
ineligible for unemployment compensation benefits:
(A) Medical marijuana use which violates the
prescribed dosage, treatment regimen or workplace
policy under paragraph (2)(i).
(B) Refusal to submit to a test requested by an
employer to determine whether the employee is under
the influence of marijuana and, therefore, in
violation of paragraph (2)(i).
(8)
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