SB 82

In general, under current law, an employer may, but is generally not required

to, provide information regarding a current or former employee who applies for a job

elsewhere. This bill requires a private employer doing business in this state to

provide employment information requested by a municipal or county law

enforcement agency or the Department of Justice (law enforcement agency) if a

person who is working or has worked for that employer applies for or is being

considered for a law enforcement position with the law enforcement agency. In order

for that requirement to apply, the law enforcement agency's request must be signed

and in writing and be accompanied by a release, signed by the candidate for the law

enforcement position, which authorizes the current or former employer to provide

employment information regarding the candidate to the law enforcement agency.

The bill authorizes a law enforcement agency to obtain a court order mandating the

release of employment information if an employer does not comply with a proper

request.

The bill contains two exceptions to the requirement that a private employer

provide employment information requested by a law enforcement agency. First, if

any employment information is subject to a confidentiality agreement, the employer

is required to comply with the law enforcement agency's request with respect to that

information only if the release specifically authorizes the employer to provide that

information to the law enforcement agency. If the release does not contain such an

authorization, the employer must inform the law enforcement agency of the

existence of the confidentiality agreement and comply with the agreement. Second,

if a court has prohibited the disclosure of relevant employment information, the

employer must inform the law enforcement agency of the order and comply with the

order.