HB 147 EMPLOYER'S LIABILITY FOR REFERENCE INFO Number 619 MS. HORETSKI called the members' attention to a draft committee substitute for HB 147 dated March 9, 1993. She said in the original bill there was a question regarding the construction of the language. Additionally, she said, Rep. Davidson had offered an amendment inserting "negligently and recklessly" before "by the former employer" on line 12, when the bill was last before the committee. MS. HORETSKI said that she had rewritten the bill, resulting in new numbered paragraphs at the bottom of the committee substitute. She added that she had not changed the language of the bill, but merely the construction. The bill now read, "For purposes of this section, the presumption of good faith is rebutted upon a showing that the former employer (1) knowingly or recklessly disclosed false or deliberately misleading information; (2) disclosed information with a malicious purpose; or (3) disclosed information in violation of a civil right of the employee or former employee that is protected under AS 18.80 or under federal law." MS. HORETSKI said that Rep. Davidson's amendment would have added "negligently or recklessly" on line 14 in front of what was now the new paragraph (2). She said that some of that language was in conflict with the language regarding malicious purpose. Therefore, "recklessly" was added to line 12; so if an employer knowingly or recklessly disclosed false or deliberately misleading information, he or she would lose the presumption of good faith. MS. HORETSKI called the members' attention to a memorandum from the Legal Services Division regarding the definitions of "negligently" and "recklessly" in the context of civil law. In the memorandum, however, definitions of those terms were cited from criminal law. CHAIRMAN PORTER commented that the rewritten language in the draft committee substitute made more sense than that in the original bill. With regard to Rep. Davidson's amendment, he expressed his opinion that inclusion of "negligently" would defeat the purpose of the bill. CHAIRMAN PORTER noted that inclusion of "negligently" could impact employers who made simple errors, with no intention to harm an employee. Number 637 REP. NORDLUND commented that Rep. Davidson was attempting to ensure that employers acted with care when disclosing information regarding employees. He said he would like to see employers be able to tell the truth, without facing negative consequences, but added that he would also like to see employers act carefully. Number 661 REP. JAMES expressed her concern that including the words "negligently" and "recklessly" practically negated the intent of HB 147. She said that in her understanding, the intent of the bill was to put the burden on the employee to prove that an employer was causing harm. However, she said, including "negligently" and "recklessly" could put the burden on the employer. Number 679 CHAIRMAN PORTER commented that his interpretation of HB 147 was not to establish a burden of proof, but simply to allow an employer to speak freely with another employer regarding an employee's job performance. He stated that the committee needed to agree upon where the line should be drawn, with regard to the care exercised by an employer. He suggested that the committee hold the bill until the Legal Services Division could provide a definition of "negligently" and "recklessly" in civil law. Number 705 REP. PHILLIPS asked for clarification on the original bill language on line 13 and the rewrite of that line in the draft committee substitute. Number 712 CHAIRMAN PORTER replied that the language change was technical in nature. Number 716 MS. HORETSKI agreed with the Chairman that the change was merely technical, not substantive. Number 723 REP. KOTT said that perhaps the bill should provide that an employer could only disclose factual information, which could be substantiated. Number 734 CHAIRMAN PORTER invited Rep. Kott to work on language accomplishing that goal. Number 740 ADJOURNMENT CHAIRMAN PORTER adjourned the meeting at 3:24 p.m.