05/06/1993 02:35 PM Senate JUD

 SENATOR TAYLOR introduced HB 187 (INTERCEPTION OF PRIVATE                     
 COMMUNICATIONS) to committee by request of the Governor.                      
                                                                               
 SENATOR HALFORD moved to pass CS FOR HOUSE BILL NO. 187(FIN)                  
 am from committee with individual recommendations.                            
                                                                               
 SENATOR LITTLE asked if there had been a hearing on this bill,                
 and SENATOR TAYLOR asked for any discussion on the bill at                    
 this time.                                                                    
                                                                               
 SENATOR LITTLE asked for an explanation of the bill.                          
                                                                               
 SENATOR JACKO asked about the legality of wire tapping, and                   
 SENATOR TAYLOR explained it was presently legal for one party                 
 of the conversation to tape the other party.  He said, for                    
 surveillance purposes, there was some significant standards                   
 that have been set by the courts in the Glass decision.                     
                                                                               
 SENATOR TAYLOR called on ARTHUR SNOWDEN, Administrator of the                 
 Court System to answer the question.                                          
                                                                               
 MR. SNOWDEN said the court system has not taken a position on                 
 the bill, but he knew it incorporated many of the federal                     
 protections in the state wire tapping law.  He explained it                   
 would allow wire tapping under certain circumstances.                         
                                                                               
 SENATOR TAYLOR next called on C. E. SWACKHAMMER, Deputy                       
 Commission of Public Safety, to testify.                                      
                                                                               
 MR. SWACKHAMMER offered to answer questions.                                  
                                                                               
 SENATOR TAYLOR asked how the Glass decision affected wire                   
 tapping in Alaska and how the process would be handled.                       
                                                                               
 Number 081                                                                    
                                                                               
 MR. SWACKHAMMER explained the Glass decision applies to a                   
 warrant, called a Glass Warrant, which is now required for                    
 undercover purposes in recording testimony.  He said the law                  
 would allow Public Safety to actually tap into monitor phone                  
 calls under very strict guidelines.                                           
                                                                               
 MR. SWACKHAMMER explained these guidelines gave a very limited                
 time frame, reporting procedures, and the criteria for getting                
 the warrant in the first place. He further explained the                      
 reporting procedures during the process of the wire tapping                   
 and recording.  He said they only do about two per year                       
 because of the labor intensive nature of the procedure.                       
                                                                               
 SENATOR LITTLE asked what new costs were reflected in the                     
 fiscal note.                                                                  
                                                                               
 MR. SWACKHAMMER said it reflects about $20 thousand the first                 
 year in equipment needed to affect the wiretap, some travel,                  
 but the majority of the money is paid in overtime.  He said                   
 there would be no new positions, but the duties would be                      
 expanded to include transcription.  In addition, he said there                
 would be a need for interpreters where foreign languages are                  
 involved.                                                                     
                                                                               
 There being no objections, CS FOR HOUSE BILL NO. 187(FIN) am                  
 (INTERCEPTION OF PRIVATE COMMUNICATIONS) passed from                          
 committee.