02/17/1993 01:40 PM Senate JUD

  SENATOR  TAYLOR introduced  his  bill, SB  69 (RIGHT  TO USE                 
  LAWFUL   PRODUCTS)  and  invited  MIKE  MCMULLEN,  from  the                 
  Department of Administration, to testify.                                    
                                                                               
  MR.  MCMULLEN explained some  history on related legislation                 
  from  the previous  session, and he  said the  Department of                 
  Personnel had a problem  with the legislation, having to  do                 
  with off-duty conduct by law  enforcement officers.  He said                 
  off-duty conduct was recognized in other places, and he gave                 
  an example.  He thought the employer should be  able to take                 
  action.                                                                      
                                                                               
  MR. MCMULLEN explained some amendments were offered in Labor                 
  and Commerce Committee and refused,  but the amendments have                 
  since been rewritten by the Department  of Law.  He reviewed                 
  the provisions  in the new amendments, with one dealing with                 
  job  performance  standards in  on-the-job conduct,  and the                 
  other dealing with health  insurance issues.  He  proposed a                 
  third amendment parallel  to number  one, which would  allow                 
  employers to take  disciplinary action  for conduct in  off-                 
  duty  hours  under  certain  circumstances.    MR.  MCMULLEN                 
  defended the amendments.                                                     
                                                                               
  Number 150                                                                   
                                                                               
  SENATOR  TAYLOR  and  MR.  MCMULLEN  discussed  examples  of                 
  discipline,  probationary  periods,   poor  judgement,   and                 
  standards  of  conduct on  the  part  of the  people  in the                 
  examples.                                                                    
                                                                               
                                                                               
  SENATOR TAYLOR said he was not able to move the bill because                 
  of a lack of quorum.                                                         
                                                                               
  MR. TOMA  quoted a  caller on  a call-in  program as  asking                 
  whether it was proper  for foster parents to smoke,  and MR.                 
  TOMA said he  didn't think foster  parents, as employees  of                 
  the state on  a 24 hour  basis, should be allowed  to smoke.                 
  He suggested the bill  was a smoker's and drinker's  bill of                 
  rights, but  he thought  the conduct  should be  considered.                 
  MR.  TOMA  didn't think  a child  should  be subjected  to a                 
  person who smokes  or drinks  - especially if  the state  is                 
  paying for the conduct.                                                      
                                                                               
  Number 214                                                                   
                                                                               
  SENATOR TAYLOR  asked MR. MCMULLEN  to respond, and  he said                 
  the  Division  of Personnel  didn't  view foster  parents as                 
  employees.  MR. MCMULLEN explained  the distinction was off-                 
  duty  conduct.   They  continued  to discuss  MR. MCMULLEN'S                 
  objections to the legislation.