02/16/1993 03:00 PM House L&C

  HB 62:  EMPLOYEES RIGHT TO USE LAWFUL PRODUCTS                               
                                                                               
  REP. BEN GRUSSENDORF, PRIME SPONSOR OF HB 62, stated that                    
  the legislation basically dealt with employees' rights                       
  outside the workplace.  Rep. Grussendorf believed that under                 
  the present scenario individuals have had restrictions                       
  placed on them that extend beyond the workplace.                             
                                                                               
  REP. GRUSSENDORF further explained that individuals should                   
  be able to use lawful products, such as tobacco or alcohol,                  
  on their own time while not associated with the company they                 
  work for without being threatened.                                           
                                                                               
  REP. GRUSSENDORF noted that there was a provision in the                     
  bill that allowed a company to recoup the extra health                       
  insurance costs associated with hiring an individual because                 
  of the use of a lawful product was placed in a higher                        
  insurance category.                                                          
                                                                               
  REP. GRUSSENDORF pointed out that the bill would also exempt                 
  religious organizations.                                                     
                                                                               
  Number 103                                                                   
                                                                               
  RREP. JOE GREEN asked if HB 62 would cover the situation of a                
  person taking prescribed drugs which affects their job                       
  performance.                                                                 
                                                                               
  REP. GRUSSENDORF responded that the bill would not cover                     
  this situation as the drugs affect the job performance of                    
  the individual.                                                              
                                                                               
  Number 141                                                                   
                                                                               
  REP. BRIAN PORTER clarified the portion of the bill dealing                  
  with the employer's rights to pass on the increased health                   
  costs associated with a person using lawful products.                        
                                                                               
  REP. HUDSON pointed out page 1, line 13, to the committee in                 
  answer to the issue of increased health care costs for                       
  persons using legal substances that are determined to be                     
  harmful.                                                                     
                                                                               
  Number 222                                                                   
                                                                               
  MIKE McMULLEN, MANAGER, SYSTEM SERVICES, DEPARTMENT OF                       
  ADMINISTRATION, testified in opposition to HB 62.  Mr.                       
  McMullen noted that there are some jobs where a person is so                 
  identified with their job that they really don't have a                      
  private life.  Mr. McMullen observed, for example, that                      
  there are some jobs that place a person's off-duty behavior                  
  in direct odds with their stated job goals.  For example,                    
  the lone police officer in a small village who gets publicly                 
  drunk.                                                                       
                                                                               
  MR. McMULLEN offered the following amendment:                                
  Add a new paragraph after line 11 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 can                         
  demonstrate a close relationship between the standards and                   
  the employer's business.                                                     
                                                                               
  Number 294                                                                   
                                                                               
  REP. GRUSSENDORF replied that the amendment offered by the                   
  Department of Administration was exactly the type of thing                   
  the bill hoped to eliminate.                                                 
                                                                               
  CHAIRMAN HUDSON expressed concern that the amendment offered                 
  was too nebulous.                                                            
                                                                               
  Number 356                                                                   
                                                                               
  Discussion ensued regarding the standards of conduct an                      
  employer can reasonable expect from an employee during                       
  nonworking hours.                                                            
                                                                               
  Number 452                                                                   
                                                                               
  CHAIRMAN HUDSON summarized HB 65 by saying that what a                       
  employee does on the job was completely separate from his                    
  nonworking behavior.  Chairman Hudson noted that the bill                    
  seemed to be protecting the employee as well as the                          
  employer's rights.                                                           
                                                                               
  Number 452                                                                   
                                                                               
  REP. ELDON MULDER moved HB 62 with individual                                
  recommendations and two fiscal notes.  There were no                         
  objections and it was so moved.