Legislature(1993 - 1994)
03/11/1993 03:00 PM House L&C
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE
STANDING COMMITTEE
March 11, 1993
3:00 p.m.
MEMBERS PRESENT
Rep. Bill Hudson, Chairman
Rep. Joe Green, Vice Chairman
Rep. Brian Porter
Rep. Eldon Mulder
Rep. Bill Williams
Rep. Jerry Mackie
Rep. Joe Sitton
MEMBERS ABSENT
None
COMMITTEE CALENDAR
SJR 27: Relating to United States Coast Guard commercial
fishing vessel safety regulations.
MOVED FROM COMMITTEE
*HB 54: "An Act relating to eavesdropping, telephone
caller identification, and telephone directory
listings and solicitations."
HEARD AND HELD IN COMMITTEE
*HB 164: "An Act relating to motor vehicle dealers and to
agents for motor vehicle buyers; and providing for
an effective date."
MOVED FROM COMMITTEE
*HB 126: "An Act relating to payment of prevailing wage
rates on public construction projects."
MOVED FROM COMMITTEE
*HB 203: "An Act imposing a fee for the administration of
the workers' compensation program; and providing
for an effective date."
HEARD AND HELD IN COMMITTEE
(* First public hearing.)
WITNESS REGISTER
REP. KAY BROWN
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-4998
Position Statement: Prime Sponsor of HB 54
MELLIE TERWILLIGER
P.O. Box 206
Tok, Alaska 99780
883-5351
Position Statement: Testified on HB 54
(Spoke via teleconference)
MARIANNE KERR
P.O. Box 210033
Anchorage, Alaska 99521
349-5665
Position Statement: Testified in support of HB 54
(Spoke via teleconference)
TOM ROY
Alaska Telephone Association
3305 Arctic, #103
Anchorage, Alaska 99803
563-4000
Position Statement: Testified in opposition to HB 54
(Spoke via teleconference)
CATHY SCHINDLER
Program Director
Abused Women's Aid in Crisis (AWAKE)
2635 LaTouche
Anchorage, Alaska 99508
279-9581
Position Statement: Testified in support of HB 54
(Spoke via teleconference)
CINDY SMITH
Executive Director
Alaska Network on Domestic Violence
419 6th Street, #116
Juneau, Alaska 99801
586-3650
Position Statement: Testified in support of HB 54
MARCIA McKENZIE
Program Coordinator
Alaska Council on Domestic Violence
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99811-1200
465-4356
Position Statement: Testified in support of HB 54
REP. GAIL PHILLIPS
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-2689
Position Statement: Prime Sponsor of HB 164 and HB 126
STEVE ALLWINE
Alaska Automobile Dealers
Mendenhall Auto Center
8725 Mallard Drive
Juneau, Alaska 99802
789-1386
Position Statement: Supported HB 164
BILL WARD
Ward Landscaping Service
P.O. Box 290
Soldotna, Alaska 99669
262-5135
Position Statement: Supported HB 126
(Spoke via teleconference)
JOHN ABSHIRE
Deputy Commissioner
Department of Labor
P.O. Box 21149
Juneau, Alaska 99802-1149
465-2700
Position Statement: Supported HB 126
PAUL ARNOLDT, Director
Division of Workers' Compensation
Department of Labor
P.O. Box 25512
Juneau, Alaska 99802-5512
465-2790
Position Statement: Supported HB 203
DAVID TEAL, Director
Division of Administrative Services
Department of Labor
P.O. Box 21149
Juneau, Alaska 99802-1149
465-2720
Position Statement: Answered questions on HB 203 and HB 164
JAY FRANK, Lobbyist
Clough and Associates
431 N. Franklin, Suite 202
Juneau, Alaska 99801
586-5777
Position Statement: Answered questions on HB 203
JOHN GEORGE
Lobbyist, Insurance Industry
9515 Moraine Way
Juneau, Alaska 99801
789-0172
Position Statement: Answered questions on HB 203
DAVID PALMER, Director
Engineering and Transportation
City and Borough of Juneau
155 S. Seward Street
Juneau, Alaska 99801
586-5230
Position Statement: Supported HB 126
RESA JERREL, Lobbyist
National Federation Independent Business
9179 Skywood
Juneau, Alaska 99801
789-4278
Position Statement: Supported HB 203
LOREN RASMUSSEN
Chief, Design, Construction Standards
Department of Transportation and Public Facilities
3132 Channel Drive
Juneau, Alaska 99801-7898
465-2960
Position Statement: Answered questions re: HB 126
PREVIOUS ACTION
BILL: SJR 27
SHORT TITLE: FEDERAL FISHING VESSEL SAFETY RULES
BILL VERSION:
SPONSOR(S): SENATOR(S)JACKO,Halford,Taylor,Miller,
Zharoff,Duncan,Pearce,Leman;REPRESENTATIVE(S)Olberg,
Sanders, Sitton,Mackie,Moses,Hanley,Ulmer
TITLE: Relating to United States Coast Guard commercial
fishing vessel safety regulations.
JRN-DATE JRN-PG ACTION
03/05/93 615 (S) READ THE FIRST TIME/REFERRAL(S)
03/05/93 615 (S) RULES
03/05/93 636 (S) RLS WAIVED RULE 23
03/05/93 657 (S) RLS RPT 2DP & CAL 1CAL 1NR
03/05/93 657 (S) ZERO FISCAL NOTE (RLS)
03/05/93 (S) RLS AT 00:00 AM FAHRENKAMP 203
03/05/93 (S) MINUTE(RLS)
03/08/93 657 (S) RULES TO CALENDAR 3/8/93
03/08/93 670 (S) READ THE SECOND TIME
03/08/93 670 (S) ADVANCED TO THIRD READING UNAN
CONSENT
03/08/93 670 (S) READ THE THIRD TIME SJR 27
03/08/93 670 (S) COSPONSOR(S): PEARCE, LEMAN
03/08/93 670 (S) PASSED Y17 N2 E1
03/08/93 677 (S) TRANSMITTED TO (H)
03/09/93 (H) L&C AT 03:00 PM CAPITOL 17
03/10/93 581 (H) READ THE FIRST TIME/REFERRAL(S)
03/10/93 581 (H) LABOR & COMMERCE
03/10/93 594 (H) WAIVER FROM LABOR & COMMERCE
WITHDRAWN
03/10/93 596 (H) CROSS SPONSOR(S): OLBERG,
SANDERS,SITTON
03/10/93 596 (H) CROSS SPONSOR(S):MACKIE,MOSES,
HANLEY
03/10/93 596 (H) CROSS SPONSOR(S): ULMER
03/11/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 54
SHORT TITLE: TELEPHONE CONSUMER PROTECTION
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) BROWN,Navarre
TITLE: "An Act relating to eavesdropping, telephone caller
identification, and telephone directory listings and
solicitations."
JRN-DATE JRN-PG ACTION
01/14/93 60 (H) READ THE FIRST TIME/REFERRAL(S)
01/14/93 60 (H) LABOR & COMMERCE, JUDICIARY,
FINANCE
03/11/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 164
SHORT TITLE: MOTOR VEHICLE DEALERS & BUYERS' AGENTS
BILL VERSION: SSHB 164
SPONSOR(S): REPRESENTATIVE(S) PHILLIPS
TITLE: "An Act relating to motor vehicle dealers and to
agents for motor vehicle buyers; and providing for an
effective date."
JRN-DATE JRN-PG ACTION
02/18/93 380 (H) READ THE FIRST TIME/REFERRAL(S)
02/18/93 381 (H) LABOR & COMMERCE, JUDICIARY
03/05/93 548 (H) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
03/05/93 548 (H) LABOR & COMMERCE, JUDICIARY
03/11/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 126
SHORT TITLE: PUBLIC CONSTRUCTION PREVAILING WAGE RATES
BILL VERSION: SSHB 126
SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,G.Davis
TITLE: "An Act establishing the current prevailing rate of
wages issued at least 10 days before the final submission of
bids as the prevailing wage rate for public construction
projects and requiring periodic adjustment of the wage
rate."
JRN-DATE JRN-PG ACTION
02/05/93 234 (H) READ THE FIRST TIME/REFERRAL(S)
02/05/93 234 (H) LABOR & COMMERCE, FINANCE
02/22/93 410 (H) SPONSOR SUBSTITUTE INTRODUCED-
NEW TITLE
02/22/93 410 (H) LABOR & COMMERCE, FINANCE
03/11/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 203
SHORT TITLE: ADMINISTRATIVE FEE FOR WORKERS' COMP.
BILL VERSION:
SPONSOR(S): LABOR & COMMERCE
TITLE: "An Act imposing a fee for the administration of the
workers'compensation program; and providing for an effective
date."
JRN-DATE JRN-PG ACTION
03/05/93 552 (H) READ THE FIRST TIME/REFERRAL(S)
03/05/93 552 (H) LABOR & COMMERCE, FINANCE
03/11/93 (H) L&C AT 03:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 93-20, SIDE A
Number 000
CHAIRMAN HUDSON called the House Labor and Commerce
Committee to order at 3:07 p.m.
CHAIRMAN HUDSON outlined the schedule for the day.
SJR 27: FEDERAL FISHING VESSEL SAFETY RULES
Number 060
CHAIRMAN HUDSON brought up SJR 27 and explained that this
bill was the companion bill to HJR 33 passed out of the
Labor and Commerce Committee previously.
Number 075
REP. MULDER moved for passage of SJR 27 with a zero fiscal
note and unanimous consent. No objections were heard, it
was so ordered.
Number 100
REP. KAY BROWN testified as PRIME SPONSOR of HB 54. Rep.
Brown explained that the bill was introduced to address
privacy issues due to the advances of technology.
REP. BROWN further explained that the bill would protect
Alaskan's individual privacy rights in two important areas:
- it would provide caller identification "line blocking"
services without charge to telephone utility customers; and
- it would require telephone utilities to offer customers an
opportunity to avoid telemarketing solicitations.
REP. BROWN added that additions and amendments to Alaska
statutes provided by this legislation would make it clear
that a citizen's right to individual privacy included the
right to be protected from unethical, abusive, or annoying
misuse of telephones and monitoring and recording equipment.
REP. BROWN suggested that Section 2 of SJR 27 be deleted as
the more information in opposition to this particular
section comes in. This section concerns eavesdropping.
REP. BROWN then outlined the sectional analysis. (The
sectional analysis is on file in the committee room.)
Number 281
REP. MULDER asked Rep. Brown if she would comment on the
criticism brought up in the Securities Industry Association
letter dated March 5, 1993, which stated, "The FCC further
noted that, ultimately, this option combines the
disadvantages of maximum cost to all participants with
minimal potential effectiveness, and therefore is not a
suitable means of accomplishing the goals of the Telephone
Consumer Protection Act."
Number 302
REP. BROWN responded that the congressional author of the
bill, as well as consumer groups, were not happy with the
way the Federal Communications Commission (FCC) implemented
the bill. She further noted that the bill provided that the
person choosing the options pays them.
REP. BROWN explained that the telemarketers are saying that
it is too much of a problem to keep up with the updated
information regarding who does not wish to be called and who
can.
REP. BROWN suggested that it would actually be a benefit to
the telemarketers to know who wanted to be called and who
didn't.
Number 333
REP. MULDER asked how often the list would be updated.
REP. BROWN responded the list would be noted in the
telephone book that comes out once or twice a year.
Number 358
REP. PORTER asked how many states offer this service, how
much it costs, and how much it would cost here.
REP. BROWN suggested that there were other people who would
be testifying on the subject who may have that information.
Number 390
REP. PORTER raised the concern that under the exceptions for
telephone solicitation the language would allow for
telemarketers to simply open up the conversation with a
couple of questions and circumvent the intent of the law.
Number 395
REP. BROWN answered that she believes the language used as
the definition of solicitation was clear enough to cover
that concern.
Number 403
REP. HUDSON inquired what the penalty would be if someone
called another party who had indicated they did not want to
be called.
REP. BROWN replied that the attorney general could bring
action and fine at the rate of $200.00 or actual damages,
whichever is greater. The court could also award punitive
damages, court costs, and attorney fees, or whatever else it
deemed reasonable.
REP. SITTON stated that he appreciated the motivation
driving this bill as he believes privacy is the issue of the
decade. Rep. Sitton indicated his concern that the
eavesdropping portion of the bill was deleted.
Number 433
REP. BROWN replied that federal law provides with one
party's consent for the conversation to be taped. She added
that wiretapping is carefully regulated.
Number 468
MELLIE TERWILLIGER testified via teleconference that she was
concerned about having hers or anyone else's conversations
recorded without their knowledge.
Number 501
REP. PORTER added that a law enforcement officer cannot use
a tape recorded conversation in court against an individual
unless he obtains a warrant first.
HB 54: TELEPHONE CONSUMER PROTECTION
Number 520
MARIANNE KERR testified via teleconference on her own behalf
in support of HB 54. She stated she wants to be able to
choose who has knowledge of her phone number and address as
she is a single parent with a small child at home.
Number 530
TOM ROY, ALASKA TELEPHONE ASSOCIATION, testified via
teleconference in opposition to HB 54. He pointed out that
caller identification service can never be a reality in
Alaska if HB 54 becomes law. Mr. Roy further stated that
the expense involved in producing and maintaining a list of
the choices customers make is great and the time lag between
the time a person gets a phone hooked up and the publication
of the next telephone book is published can be more than a
year.
Number 588
CHAIRMAN HUDSON asked how the numbers would be presented on
phones and when this new technology could realistically be
available in Alaska.
MR. ROY explained that the numbers would appear right on the
screen for the receiving party to see and the technology is
about a year away from being installed.
Number 602
REP. PORTER asked how random dialing would circumvent this
bill.
MR. ROY answered that telemarketers sometimes employ
computers to randomly call numbers and they don't
differentiate between those who want to be called and those
that don't.
TAPE 93-20, SIDE B
Number 000
REP. PORTER noted that he's heard a number of down-sides on
the function of caller ID but hasn't heard any of the
advantages.
MR. ROY replied that the most obvious one is that of
harassing phone calls. No longer would someone have the
anonymity of calling and not having the receiving party know
where the person is calling from.
Number 062
REP. BROWN asked if a person's unlisted number would be
disclosed under the caller ID system.
Number 077
MR. ROY replied yes.
Number 081
CATHY SCHINDLER, PROGRAM DIRECTOR, ABUSED WOMEN'S AID IN
CRISIS (AWAIC), testified via teleconference in support of
HB 54. Ms. Schindler noted that the number one service that
AWAIC provides is a safe shelter. Ms. Schindler said that
within the caller identification system any subscriber would
be able to determine that a woman was at the shelter if she
called from a shelter phone. This puts the woman, children,
and shelter workers at risk.
MS. SCHINDLER further testified that it is essential that
all shelters be provided with a caller ID blockage at no
charge.
Number 123
CHAIRMAN HUDSON discussed some of the verbiage in the bill.
REP. MACKIE noted that someone could block his caller ID and
make harassing telephone calls without any repercussions.
REP. BROWN answered that while that was true, there were
other ways of finding out the telephone number of a
persistent harasser; i.e., putting a trace on the call.
Number 190
REP. PORTER noted that the technology is there to trace
calls but it has to be established by due process.
Number 197
REP. MULDER asked who provides the list of those who do not
wish to be called.
REP. BROWN responded that it would be the local exchange or
any company that produces a telephone book.
Number 217
CINDY SMITH, EXECUTIVE DIRECTOR, ALASKA NETWORK ON DOMESTIC
VIOLENCE, testified in support of HB 54, especially Section
1. Ms. Smith stated that in seeking help and safe shelter
one of the most important facilities a victim has is a
telephone. Up until now a victim could safely and privately
arrange for shelter, and safely make contact with her
batterer regarding finances, issues of the children, etc.
Ms. Smith noted that unregulated caller ID will have a
tremendous adverse impact on the network and the victims
that seek shelter there.
MS. SMITH noted that in other states the costs per customer
for caller ID runs anywhere from $2 to $7.
Number 305
REP. PORTER asked how many people wanted this service in the
states studied.
MS. SMITH replied that between 4 to 8 percent of residential
homes wanted this service. It's primary usage is for
business.
Number 342
CHAIRMAN HUDSON announced that the chair would take one more
person to testify on SJR 27 and then he would hold the bill
over for more backup and to take more testimony in the near
future.
Number 358
MARCIA MCKENZIE, PROGRAM COORDINATOR, ALASKA COUNCIL ON
DOMESTIC VIOLENCE, testified in support of HB 54. Ms.
McKenzie echoed Ms. Smith's testimony.
HB 164: MOTOR VEHICLE DEALERS & BUYERS' AGENTS
Number 402
REP. GAIL PHILLIPS, PRIME SPONSOR OF SSHB 164, read the
sponsor statement for the record. (Her sponsor statement is
on file in the committee room.)
CHAIRMAN HUDSON asked if the fine proposed of $100 was
adequate.
REP. PHILLIPS stated she preferred to have that responded to
by the others who were there to testify.
Number 454
STEVE ALLWINE, ALASKA AUTOMOBILE DEALERS, testified in
support of HB 164. Mr. Allwine echoed the sponsor statement
and added that dealers and consumers have had many problems
in the past being sold vehicles that have been previously
sold or have warranties that were in default for some
reason. Mr. Allwine believes this piece of legislation will
go a long way in correcting these problems.
Number 495
REP. PORTER moved for passage of SSHB 164 with individual
recommendations and a zero fiscal note. No objections were
noted, it was so ordered.
HB 126: PUBLIC CONSTRUCTION PREVAILING WAGE RATES
Number 507
REP. GAIL PHILLIPS, PRIME SPONSOR OF SSHB 126, read the
sponsor statement for the record. (This statement is on
file in the committee room until the end of session.)
Number 545
BILL WARD, PART OWNER, WARD LANDSCAPING SERVICE, testified
in support of HB 126. Mr. Ward raised the concern of why
the 24 month duration was used, as many contracts are for
longer than that. He proposed that the bill apply to the
duration of the contract or somehow put in language that
would protect the contractor.
Number 588
JOHN ABSHIRE, DEPUTY COMMISSIONER, DEPARTMENT OF LABOR,
testified in support of this bill. Mr. Abshire stated that
the department sees this bill as relieving any financial
hardship contractors bear by prevailing wages that are
effective during the term of the contract.
MR. ABSHIRE noted that one reason for the 24 month provision
is that there is great potential that skilled craftsman will
leave the job to go to another job that pays more money.
This will help keep skilled people working on public
projects.
Number 603
CHAIRMAN HUDSON asked the commissioner about recording
requirements for public contracts is $2,000. Mr. Hudson
asked if that figure isn't low.
MR. ABSHIRE explained that the $2,000 figure is patterned
after the Davis Bacon Act.
TAPE 93-21, SIDE A
Number 000
REP. GREEN moved for passage of HB 126 with individual
recommendations and a zero fiscal note. No objections were
heard, it was so ordered.
HB 203: ADMINISTRATIVE FEE FOR WORKERS' COMP.
Number 045
PAUL ARNOLDT, DIRECTOR, DIVISION OF WORKERS' COMPENSATION,
DEPARTMENT OF LABOR, gave an overview of the major issue's
facing the division and some of the proposed solutions
including the introduction of HB 203. (Mr. Arnoldt's written
report is on file in the committee room until the end of
session, at which time it will be sent to the Legislative
Reference Library.)
CHAIRMAN HUDSON opened up the meeting to an informal round
table discussion with members of the insurance industry,
representatives of the state of Alaska, and businesses for
further discussion regarding the major issues referenced by
Mr. Arnoldt. The group included:
Labor and Commerce Committee members
Paul Arnoldt, Director, Div. of Workers' Compensation,
Dept. of Labor
David Teal, Director, Div. of Administrative Services,
Dept. of Labor
Resa Jerrel, Lobbyist, National Federation Independent
Business
Jay Frank, Insurance industry lobbyist
John George, Insurance industry lobbyist
Discussion ensued. The group listed above agreed to
continue the discussion at another location and time and
report back to the committee.
CHAIRMAN HUDSON adjourned the meeting at 5:35 p.m.
| Document Name | Date/Time | Subjects |
|---|