SB 0684 - Fiscal Note

Fiscal Note - SB 0684 - Employer Immunity For Certain Info. Disclosed Re. Employees

L.R. NO.  1996-03
BILL NO.  SB 684
SUBJECT:  Employer Immunity
TYPE:     Original
DATE:     February 2, 1996




                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

None

Total Estimated
Net Effect on All
State Funds                        $0              $0             $0

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

None

Total Estimated
Net Effect on All
Federal Funds                      $0              $0             $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

Local Government                   $0              $0             $0


                              FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator would expect one or
more cases to be filed to test the parameters of this proposal; however, they
would not anticipate a significant increase in the workload of the courts.

Officials from the Office of Administration - Division of Personnel, the
Department of Highways and Transportation, the Department of Conservation,
the Department of Elementary and Secondary Education, and the Coordinating
Board for Higher Education assume the proposed legislation would have no
fiscal impact on their agencies.


FISCAL IMPACT - State Government     FY 1997     FY 1998     FY 1999
                                    (10 Mo.)


FISCAL IMPACT  - Local Government    FY 1997     FY 1998     FY 1999
                                    (10 Mo.)


DESCRIPTION

This proposal would give immunity to employers for information provided in
good faith about current or former employees to prospective employers
regarding the date and duration of employment, pay level, job description and
duties, wage history, written employee evaluations and the reason for
separation from employment and whether it was voluntary or involuntary.

An employer who provides the above information upon the written request of a
prospective employer would be presumed to be acting in good faith, which
would be rebutted only by showing that the information was false, and the
employer disclosed it knowing it was false and with malice.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.


SOURCES OF INFORMATION

Office of State Courts Administrator
Office of Administration - Division of Personnel
Department of Highways and Transportation
Department of Conservation
Department of Elementary and Secondary Education
Coordinating Board for Higher Education