Legislature(1993 - 1994)
03/22/1993 01:50 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE LABOR AND COMMERCE COMMITTEE
March 4, 1993
1:47 p.m.
MEMBERS PRESENT
Senator Tim Kelly, Chairman
Senator Steve Rieger, Vice-Chairman
Senator Drue Pearce
Senator Georgianna Lincoln
OTHERS PRESENT
Senator Bert Sharp
MEMBERS ABSENT
Senator Judy Salo
COMMITTEE CALENDAR
SENATE BILL NO. 76
"An Act preventing persons with felony convictions from
being involved in charitable gaming activities as a
permittee, licensee, or employee in a managerial or
supervisory capacity; and relating to `political uses' and
`political organizations' as those terms are used in the
charitable gaming statutes."
SENATE BILL NO. 122
"An Act relating to the disclosure of information by an
employer about the job performance of an employee or former
employee."
SENATE BILL NO. 112
"An Act relating to the Uniform Commercial Code; amending
Alaska Rules of Civil Procedure 8 and 82, and Alaska Rule of
Evidence 402; and providing for an effective date."
PREVIOUS SENATE COMMITTEE ACTION
SB 76 - See Labor & Commerce minutes dated 2/11/93, and
2/25/93.
SB 122 - NONE.
SB 112 - See Labor and Commerce minutes dated 3/2/93.
WITNESS REGISTER
Ken Erickson, Aide
Senator Drue Pearce
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on SB 76.
Chip Thoma
Juneau, Alaska 99801
POSITION STATEMENT: Opposed SB 76.
Jamie Parsons, President
Alaska State Chamber of Commerce
217 Second Street #201
Juneau, Alaska 99801
POSITION STATEMENT: Supported SB 122.
Resa Jerrel, President
National Federation of Independent Business
9159 Skywood Lane
Juneau, Alaska 99801
POSITION STATEMENT: Supported SB 122.
Jerry Kurtz, Attorney
testified off-net
from Anchorage, Alaska
POSITION STATEMENT: Supported SB 112.
ACTION NARRATIVE
TAPE 93-17, SIDE
Number 001
CHAIRMAN TIM KELLY called the Labor and Commerce Committee
meeting to order at 1:47 p.m.
SENATOR KELLY returned SS FOR SENATE BILL NO. 76 (CHARITABLE
GAMING RESTRICTIONS) sponsored by SENATOR DRUE PEARCE to
committee.
SENATOR PEARCE asked KEN ERICKSON from her staff and JERRY
LUCKHAUPT from Legislative Legal Counsel, to address the
comparisons in the original bill and the sponsor substitute.
MR. ERICKSON explained SB 76 contained two basic concepts,
beginning with the first half of the bill which denies
felons from activity in charitable gaming. The second half
of the bill would prohibit direct contributions of net
proceeds from charitable gaming to political candidates.
MR. ERICKSON explained the sponsor substitute aimed to
achieve the same ends, with the first half of the SS
combining all of the felony exclusions into a single
section, AS 05.15.105. He described these exclusions as
being scattered throughout Title 5. The SS would delete the
scattered sections and combine their intent into one section
for the sake of clarity.
MR. ERICKSON explained the second part of the SSSB 76 limits
direct political contributions from net proceeds to
activities other than bingo and pull-tabs.
SENATOR PEARCE said there was presently a ban on classified
and class A felons for life, and she explained the pertinent
points. She said there had always been a ban on those
convicted of "theft and dishonesty," but those convicted of
a felony might be considered for resumption of gaming after
10 years.
Number 054
SENATOR KELLY offered CHIP THOMA time for some quick
testimony.
MR. THOMA expressed his pleasure at the inclusion of white
collar crime as a preclusion for being involved in gambling
activities, since white collar crimes are those of
dishonesty and theft. He protested, to his knowledge, any
instance of a political party being involved with an
operator who stole the proceeds from that political party,
as has happen to many of the other charities. He continued
to argue for allowing political parties full participation
in gaming.
SENATOR KELLY noted he had a list of occupations and
licenses affected by felony convictions, and he thought the
list prevented a person from getting a real job.
SENATOR PEARCE moved to adopt CS FOR SENATE BILL NO. 76(L&C)
(CHARITABLE GAMING RESTRICTIONS). Without objections, so
ordered.
SENATOR PEARCE moved to pass CS FOR SENATE BILL NO. 76(L&C)
(CHARITABLE GAMING RESTRICTIONS) from committee with
individual recommendations and the appropriate fiscal note.
Without objections, so ordered.
SENATOR KELLY introduced SB 122 (EMPLOYER'S LIABILITY FOR
REFERENCE INFORMATION) and invited the sponsor, SENATOR BERT
SHARP, to testify.
SENATOR SHARP said SB 122 was similar to a bill passed by
the Senate last session, and is "An act relating to the
disclosure of information by an employer about the job
performance of an employee or former employee." He
explained it would protect employers from liability in the
disclosure of job performance information regarding a former
employee to a prospective employer. He gave some
statistical background on the increase of such suits in the
last few years, and out of fear from these lawsuits, many
employers are refusing to give honest or meaningful job
performance information to prospective employers.
Number 150
SENATOR SHARP explained SB 122 would free up the exchange of
information in the work place, assure reasonable protection
to employers, and protect only employers who give honest,
well-intentioned references. He urged support for SB 122.
SENATOR LINCOLN asked SENATOR SHARP if the words, employer
and employee, could be defined in the legislation, and she
gave examples from her district. SENATOR SHARP explained an
employer is a person who engages the services of any number
of persons, documented in a personnel file, and paid a
remuneration.
Number 214
SENATOR LINCOLN said she didn't have a problem with the
intent of the legislation, but she described a number of
problems faced by employees who do not know what rights they
have in relation to their personnel file. She claimed there
was false information in some employee files that shouldn't
be there, and she asked how the employees could be
protected.
SENATOR SHARP suggested the business people could speak to
the problem she outlined. He also suggested some available
documents on the subject.
SENATOR LINCOLN asked for assurances that individuals in the
villages were protected, too, because the turn-over is quite
rapid. She asked for a correction within the legislation to
protect the employees in her district.
SENATOR KELLY invited JAMIE PARSONS, President of the Alaska
State Chamber of Commerce, to testify.
MR. PARSONS read the position paper from the ASCC, which
supports SB 122 because of the protection it provides
employers. He read "While ASCC fully recognizes the value
of good employees, it is important that employers be able to
share all pertinent information without fear of
repercussion, providing they are acting in good faith."
MR. PARSONS had no statistics on defamation cases that have
been tried, won, or settled out of court. He concluded by
explaining SB 122 was the #1 legislative priority for the
State Chamber of Commerce, and he described how the decision
was reached.
Number 284
SENATOR RIEGER asked MR. PARSONS whether there was
information in a personnel file any of the data was
confidential. MR. PARSONS thought there were standards and
rules, and he suggested to SENATOR LINCOLN, that in a small
business, the employee should discuss the personnel file
with the owner or manager. MR. PARSONS explained the
legislation would involve the state, the private sector, and
non-profit organizations.
SENATOR RIEGER said he liked the bill and referred to line
10 and suggested the Judiciary Committee resolve the type of
disclosures.
SENATOR KELLY gave a personal experience of being an
employer where negative employment might have been
furnished, by wasn't because of the skidish nature of the
disclosure.
SENATOR LINCOLN suggested the bill might be amendment to
include "that any written documentation given to an
employer, should also be given to the former employee," and
she expanded on her request in relation to companies in her
district.
SENATOR LINCOLN, in reference to line 5, thought this was
and area where "information" is defined as to telephone or
written. She also referred to line 8 to question the
meaning of the sentence.
Number 359
SENATOR LINCOLN asked MR. PARSONS if he had any objections
to language added to share the written document with the
former employee. MR. PARSONS didn't think this would pose a
problem, except if it impacted the paper work of the
employer. He explained, in his case, most of the references
were verbal.
SENATOR KELLY wondered aloud the solution to SENATOR
LINCOLN'S request and suggested the reference be made
available if the employee wish to look at it after it is
made available to the former employee.
SENATOR SHARP explained, from his past experience, most
reference requests were by phone on a past employee, but he
thought a hard copy could be sent to the last known address.
SENATOR LINCOLN described a procedure for getting the most
current address. SENATOR KELLY thought the easiest method
would be to have the reference information be available upon
request by the former employee.
SENATOR SHARP gave what he considered the most often
scenario.
Number 411
SENATOR KELLY invited RESA JERREL, President of the National
Federation of Independent Businesses, to testify.
SENATOR LINCOLN asked for a response from her question on
line 8 to explain the phrase relating to current or departed
employees. She discussed the response with SENATOR SHARP.
MS. JERREL explained the support of SB 122 came from her
organization in the form of a ballot question where 86% of
the NFIB/Alaska members voted to support the legislation.
She reviewed the problems of small business people in Alaska
who spend a great deal of time hiring and firing employees
because of drugs, alcohol, and thievery. She discussed her
research on giving a written reference to employers which
she offered to share with SENATOR SHARP.
SENATOR LINCOLN asked SENATOR SHARP if he recalled the
Colorado regulations, and SENATOR SHARP had just received
them. He said they would be made available to the next
committee, and he disclosed the regulations dealt with
giving a copy of the reference to the employee. SENATOR
KELLY asked that the regulation information be given to the
Judiciary Committee.
SENATOR PEARCE move to pass SENATE BILL NO. 122 (EMPLOYER'S
LIABILITY FOR REFERENCE INFORMATION) from committee with
individual recommendations and no fiscal note. Without
objections, so ordered.
SENATOR KELLY returned SB 112 (UNIFORM COMMERCIAL CODE
REVISIONS) to committee and noted JERRY KURTZ was off-net in
Anchorage to testify.
Number 458
SENATOR KELLY affirmed from MR. KURTZ he had a copy of the
MUNICIPALITY OF ANCHORAGE 1993 LEGISLATIVE PROGRAM dealing
with the Uniform Commercial Code, but thought the proposed
amendment should be made more specific. He gave some
background information on problems to the municipality .
SENATOR KELLY asked for the wording on the proposed
amendment, and MR. KURTZ said the "s" should be removed from
the word, liens, in the phrase "municipal tax liens" and he
said there was only one tax lien described in AS 29.45.300.
He explained it was the tax lien for municipalities against
all personal property as assessed, and he explained the
value of the proposed amendment to the municipality.
SENATOR KELLY moved the adoption of the following amendment
to SB 112: Nothing in these sections shall be construed to
defeat the prior and paramount position of the municipal tax
lien established in AS 29.45.300. Without objections, so
ordered.
Number 494
There was some general discussion about the legislation,
which will go to Judiciary and Finance committees.
SENATOR LINCOLN had a question about the bill in relation to
the impact on state funded loan and investment programs.
MR. KURTZ explained the first place it would impact the
state loans and investments is in Article 9 on security
interests, and he referred members to page 5 of SB 112,
where the Article 9 amendments begin. He gave some specific
examples as his explanation on clarity.
SENATOR PEARCE moved to adopt the new committee substitute
for SB 112 (UNIFORM COMMERCIAL CODE REVISIONS) incorporating
the new amendment. Without objections, so ordered.
SENATOR PEARCE moved to pass CS FOR SENATE BILL NO. 112(L&C)
(UNIFORM COMMERCIAL CODE REVISIONS) from committee with
individual recommendations and a proper fiscal note.
Without objections, so ordered.
There being no further business to come before the
committee, the meeting was adjourned at 2:30 p.m.
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