02/25/1993 03:00 PM House L&C

  HB 147:   "An Act relating to the disclosure of information                  
            by an employer about the job performance of an                     
            employee or former employee."                                      
                                                                               
  Number 010                                                                   
                                                                               
  REP. EILEEN MACLEAN, SPONSOR OF HB 147, testified that the                   
  bill presumes that an employer is acting in good faith,                      
  unless it is shown that the reference was knowingly false,                   
  deliberately misleading, and was given with malicious                        
  purpose or violated the employees civil rights.  Rep.                        
  MacLean noted that the bill is modeled after a Florida law                   
  and is identical to HB 441, which passed the House in the                    
  17th Alaska Legislature and was left in the Senate Rules                     
  Committee at the time of adjournment.  Rep. MacLean further                  
  noted that the bill was supported by the Chamber of Commerce                 
  and she was not aware of any opposition.                                     
                                                                               
  Number 063                                                                   
                                                                               
  JAMIE PARSONS, PRESIDENT, ALASKA STATE CHAMBER OF COMMERCE,                  
  stated the Chamber supported the bill and then read the                      
  Chamber's position paper. (Copies are available in the Labor                 
  and Commerce committee room until the end of session.)                       
                                                                               
  MR. PARSONS further stated that the bill is high on the                      
  Chamber's priorities list.                                                   
                                                                               
  Number 108                                                                   
                                                                               
  REP. JOE GREEN asked if there had been instances where an                    
  employer made statements that caused them some problems with                 
  the former employees, legal or otherwise.                                    
                                                                               
  MR. PARSONS responded that the problem HB 147 addressed is                   
  the lack of information coming from former employers for                     
  fear of repercussions.                                                       
                                                                               
  Number 124                                                                   
                                                                               
  REP. MACKIE inquired if the bill would cover all employers.                  
  REP. MACLEAN answered that the bill was written to cover all                 
  situations.                                                                  
                                                                               
  Number 133                                                                   
                                                                               
  MIKE MCMULLEN, SYSTEMS MANAGER, DIVISION OF PERSONNEL,                       
  DEPARTMENT OF ADMINISTRATION, testified that this was                        
  probably the only time he had come before the committee in                   
  support of a bill.  Mr. McMullen echoed the testimony of the                 
  previous speakers and further noted that the state has                       
  problems on both ends of the issue.  Mr. McMullen said he                    
  has noted that state employers find it difficult to obtain                   
  information on prospective employees; and on the other end,                  
  the state law on confidential records has put a cloak over                   
  what information can be given out.  Mr. McMullen noted that                  
  the risk of making a mistake has made many managers fearful                  
  of giving any information out.                                               
                                                                               
  Number 166                                                                   
                                                                               
  RESA JERREL, NATIONAL FEDERATION OF INDEPENDENT BUSINESS,                    
  stated that of NFIB'S 5000 members, 86 percent supported the                 
  bill.  Ms. Jerrel noted that this was the first time she had                 
  ever come before the Labor and Commerce Committee in favor                   
  of the bill.                                                                 
                                                                               
  Number 200                                                                   
                                                                               
  CHAIRMAN HUDSON noted that Rep. Mackie sent a message                        
  stating there was a new sheriff in town.  He suggested that                  
  even more so there was a new attitude showing interest in                    
  economic development and helping business.  Chairman Hudson                  
  commended Rep. MacLean and the Economic Task Force on the                    
  bill.                                                                        
                                                                               
  Number 210                                                                   
                                                                               
  REP. PORTER noted his previous experience with this type of                  
  problem as chief of the Anchorage police force.                              
                                                                               
  REP. PORTER moved HB 147 with two zero fiscal notes and                      
  asked unanimous consent.  No objections, so ordered.                         
                                                                               
  Number 239                                                                   
                                                                               
  CHAIRMAN HUDSON told the committee that the Workers                          
  Compensation Section in the Department of Labor, was                         
  scheduled to come and give an overview to the committee, but                 
  due to illness and prior commitments, the committee would be                 
  down to three members after 4:00 p.m., so it was cancelled                   
  until further notice.                                                        
                                                                               
  Number 279                                                                   
                                                                               
  REP. MACKIE discussed his interest in seeing the committee                   
  pursue some of the liability issues that business faces.                     
  Rep. Mackie noted that his family runs a business in the                     
  liquor industry with over 100 employees and these issues are                 
  important.                                                                   
                                                                               
  Number 326                                                                   
                                                                               
  CHAIRMAN HUDSON asked for the committee to forward their                     
  constructive ideas in this area.  Chairman Hudson expressed                  
  to the committee that he didn't believe in biting off so                     
  much that you end up with nothing.  He feels that some ideas                 
  will flow from the Senate side, specifically tort reform.                    
                                                                               
  Number 347                                                                   
                                                                               
  REP. PORTER informed the committee that he had a voluminous                  
  amount of material from a constituent, Dave McGuire, who                     
  lead the charge on tort reform back in 1987.  Rep. Porter                    
  indicated he would pass this information along to the Labor                  
  and Commerce Committee staff.                                                
  Discussion ensued.                                                           
                                                                               
  Number 382                                                                   
                                                                               
  CHAIRMAN HUDSON formed an informal committee charged with                    
  reviewing the information and reporting back to the                          
  committee with some recommendations regarding tort reform.                   
                                                                               
  CHAIRMAN HUDSON appointed Rep. Mackie as chair, with Reps.                   
  Green and Porter serving as members.  He asked them to                       
  report back in one weeks time.                                               
                                                                               
  Number 390                                                                   
                                                                               
  CHAIRMAN HUDSON adjourned the meeting at 3:34 p.m.