Legislature(1993 - 1994)
02/25/1993 03:00 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE
STANDING COMMITTEE
February 25, 1993
3:00 p.m.
MEMBERS PRESENT
Rep. Bill Hudson
Rep. Joe Green
Rep. Brian Porter
Rep. Jerry Mackie
Rep. Bill Williams
MEMBERS ABSENT
Rep. Joe Sitton
Rep. Eldon Mulder
COMMITTEE CALENDAR
*HB 147: "An Act relating to the disclosure of information
by an employer about the job performance of an
employee or former employee."
HEARD AND MOVED FROM COMMITTEE
Overview from the Department of Labor on Workers
Compensation and unemployment insurance.
CANCELLED
* First public hearing.
WITNESS REGISTER
REP. EILEEN MACLEAN
Alaska State Legislature
Room 507, State Capitol
Juneau, Alaska 99801-1182
465-4833
Position Statement: Sponsor of HB 147
JAMIE PARSONS, President
Alaska State Chamber of Commerce
217 2nd St., # 201
Juneau, Alaska 99801
586-2323
Position Statement: Supported HB 147
MIKE MCMULLEN,
Manager, System Services
Division of Personnel
Department of Administration
P.O. Box 110201
Juneau, Alaska 99811-0201
465-4430
Position Statement: Supported HB 147
RESA JERREL, Lobbyist
National Federation of Independent Business
9159 Skywood
Juneau, Alaska 99801
789-4278
Position Statement: Supported HB 147
PREVIOUS ACTION
BILL: HB 147
SHORT TITLE: EMPLOYER'S LIABILITY FOR REFERENCE INFO
SPONSOR(S): REPRESENTATIVE(S) MACLEAN,Phillips,Porter
JRN-DATE JRN-PG ACTION
02/10/93 292 (H) READ THE FIRST TIME/REFERRAL(S)
02/10/93 292 (H) L&C, JUDICIARY
02/25/93 (H) L&C AT 03:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 93-16, SIDE A
Number 000
CHAIRMAN HUDSON called the House Labor and Commerce
Committee to order at 3:10 p.m., February 25, 1993.
Members present were Reps. Hudson, Green, Porter, Williams,
and Mackie.
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.
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