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  Alabama bill to ban polygraph being considered later Today!!!

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Author Topic:   Alabama bill to ban polygraph being considered later Today!!!
detector
Administrator
posted 04-21-2009 11:51 PM     Click Here to See the Profile for detector   Click Here to Email detector     Edit/Delete Message
I just ran across this article.
http://www.wztv.com/template/inews_wire/wires.regional.al/23b6b216-www.fox17.com.shtml

Summary of action in Alabama Legislature
April 21, 2009 19:24 EDT

MONTGOMERY, Ala. (AP) -- A summary of action in the Alabama Legislature on Tuesday, the 22nd meeting day of the regular session:

--House Committee on County and Municipal Government meets at 1:30 p.m. Wednesday in room 622 to consider a bill to prohibit state, county or municipal government to require employees to take polygraph tests as a condition of continued employment.

**** This is the first I've heard of such a bill. Anyone from Alabama have some insight on this? This is actually being considered later today.****

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Ralph Hilliard
PolygraphPlace Owner & Operator

Be sure to visit our new store for all things Polygraph Related
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sackett
Moderator
posted 04-22-2009 10:51 AM     Click Here to See the Profile for sackett   Click Here to Email sackett     Edit/Delete Message
Ralph,

it looks like it is attempting to prohibit polygraph as a condition of "continued" employment. It doesn't sound like it is trying to prohibit "pre" employment practices. Though this could be a first step.

It looks like unions have finally gotten a foothold... either that or GM did.

Anybody from AL have insight or opinions?


Jim

P.S. On a side, it specifically mentions polygraph. What about CVSA, etc?

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ebvan
Member
posted 04-22-2009 03:52 PM     Click Here to See the Profile for ebvan   Click Here to Email ebvan     Edit/Delete Message
http://alisondb.legislature.state.al.us/acas/searchableinstruments/2009rs/bills/hb693.htm

Alabama HB-693

SYNOPSIS: Under existing law, no person may require as a condition of continued employment with the state that an individual submit to a polygraph test.
This bill would apply such prohibition to county and municipal employees.


A BILL
TO BE ENTITLED
AN ACT

To amend Section 36-1-8, Code of Alabama 1975, prohibiting the use of polygraph testing for state employees, to apply such prohibition to county and municipal employees.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 36-1-8, Code of Alabama 1975, is amended to read as follows:
§36-1-8.

"(a) No person may require or demand as a condition of continued employment with a county, a municipality, or the State of Alabama that an individual submit to or take a polygraph or similar test.

"(b) Any person found guilty of violating subsection (a) shall be guilty of a Class A misdemeanor."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

This Bill is Currently Pending Committee Action in House of Origin

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Ex scientia veritas

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Barry C
Member
posted 04-22-2009 09:14 PM     Click Here to See the Profile for Barry C   Click Here to Email Barry C     Edit/Delete Message
It looks like the State doesn't allow routine screening exams for its employees, but the county and municipal governments can. Does anybody outside of the federal government run routine screening exams for current employees?

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ebvan
Member
posted 04-23-2009 07:05 AM     Click Here to See the Profile for ebvan   Click Here to Email ebvan     Edit/Delete Message
Barry I don't know anyone who does routine screenings besides the Feds and some of their contractors but the wording of this legislation would seem to prohibit ordering an employee to submit to a polygraph examination as part of an internal investigation.

Our state allows this providing that the employing agency has a written policy addressing the issue to allow government employees prior notice that mandantory polygraph examinations may occur. This makes them a condition of employment. Our statute would have to be interpreted VERY broadly to attempt to apply routine screening under that subsection.

If Alabama passes this amendment,one of the results will probably they are going to turn alot of internal beefs into full criminal investigations. CI's look crappy in your personnel file even if you are cleared.

Compelling polygraph in internal investigations, can be overused if you have internal affairs guys who don't like confrontation or are too lazy to investigate, but I haven't read anything out of Alabama regarding such abuses. I'm guessing somebody has a stray thought and contacted his congressman.
I sure would like to hear from any Alabama Examiners

Hey Ralph How about a recruiting poster for examiners to join this board on the home page.

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Ex scientia veritas

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stat
Member
posted 04-23-2009 06:55 PM     Click Here to See the Profile for stat   Click Here to Email stat     Edit/Delete Message
I can state without condition here and now that unions have no foothold in any of the deep southern states---particularly 'Bama. If 49 states of this great union can have little or no influence on Alabama, I doubt Dr. M. Bate'n over in Holland could either.

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