00SENATE BILL NO. 122 am                                                                                                  
01 "An Act relating to the disclosure of information by an employer about the job                                          
02 performance of an employee or former employee."                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                   
05  Sec. 09.65.160.  JOB REFERENCES.  An employer who discloses information                                               
06 about the job performance of an employee or former employee to a prospective                                            
07 employer of the employee or former employee at the request of the prospective                                           
08 employer or the employee or former employee is presumed to be acting in good faith                                      
09 and, unless lack of good faith is shown by a preponderance of the evidence, may not                                     
10 be held liable for the disclosure or its consequences.  For purposes of this section, the                               
11 presumption of good faith is rebutted upon a showing that the information disclosed                                     
12 by the employer or former employer was knowingly false or deliberately misleading,                                      
13 was given with a malicious purpose, or violated a civil right of the employee or former                                 
14 employee that is protected under AS 18.80 or under comparable federal law.