Legislature(1995 - 1996)
04/10/1996 01:30 PM JUD
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE April 10, 1996 1:30 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Lyda Green, Vice-Chairman Senator Mike Miller Senator Al Adams Senator Johnny Ellis MEMBERS ABSENT None COMMITTEE CALENDAR HOUSE CS FOR SENATE BILL NO. 321(JUD) "An Act relating to incompetency to stand trial." SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 104(HES) "An Act relating to disclosures of information about certain minors." SENATE BILL NO. 320 "An Act increasing the number of superior court judges designated for the Third Judicial District to provide an additional superior court judge at Dillingham." CS FOR HOUSE BILL NO. 311(L&C) "An Act relating to the hours a person may be employed in a mine." CS FOR HOUSE JOINT RESOLUTION NO. 52(JUD) am Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. PREVIOUS SENATE COMMITTEE ACTION SB 321 - No previous action. HB 104 - See Senate Health, Education & Social Services minutes dated 2/23/96. SB 320 - No previous action. HB 311 - No previous action. HJR 52 - No previous action. WITNESS REGISTER Joe Ambrose, Legislative Staff c/o Senator Robin Taylor Alaska State Capitol Juneau, Alaska 99811 POSITION STATEMENT: Testified for the sponsor of SB 321 Laurie Otto Deputy Attorney General Department of Law P.O. Box 110300 Juneau, Alaska 99811-0300 POSITION STATEMENT: Opposed to SB 321 Derrill Johnson Developmental Disabilities Program Dept. of Health & Social Services P.O. Box 110620 Juneau, AK 99811-0620 POSITION STATEMENT: Opposed to SB 321 Clynton Nauman General Manager Kennecott Greens Creek Mine Co. POSITION STATEMENT: Supports HB 311 Wendy Natkong Medical Coordinator Kennecott Greens Creek Mine Co. POSITION STATEMENT: Supports HB 311 Bernie Miller Southeast Conference 124 W. 5th St. Juneau, AK 99801 POSITION STATEMENT: Supports HB 311 Ed Flanagan Deputy Commissioner Department of Labor 1111 W. 8th St. Juneau, AK 99811 POSITION STATEMENT: Opposed to HB 311 Gary Paxton Sitka City Manager 304 Lake Street Sitka, AK POSITION STATEMENT: Supports HB 311 Keith Perkins Sitka Assembly Member 304 Lake St. Sitka, AK POSITION STATEMENT: Supports HB 311 ACTION NARRATIVE TAPE 96-34, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 2:00 p.m. All members were present except Senator Ellis. The first order of business before the committee was SB 321. SB 321 CRIM DEFENDANT INCOMPETENT TO STAND TRIAL CHAIRMAN TAYLOR announced SB 321 was introduced as the result of an incident that occurred in his district, and a more recent incident that occurred in Anchorage. SB 321 provides for the commitment of mentally incompetent defendants. JOE AMBROSE, Chief of Staff to Senator Taylor, explained SB 321 was introduced to close a loophole in existing law that prevents the civil commitment of those ruled mentally incompetent to stand trial on criminal charges but still pose a danger to others. Under current law, the defendant in a criminal case can be committed for up to two-90 day periods if found incompetent to stand trial. If, at that point, the defendant is still incompetent, and is unlikely to become competent, he/she must be released from the criminal justice system. Commitment is then governed by the civil courts. The problem SB 321 is intended to correct is that some incompetent defendants cannot be picked up by the civil commitment procedures because while they may be mentally incompetent for criminal procedures, they are not mentally ill, as defined under laws governing civil procedures. Mental incompetency is determined under the law governing criminal procedures, and is based on a mental disease or defect. This is a much broader category than mental illness, as defined under the laws governing civil procedures. SB 321 changes the definition of mental illness, as it applies to civil commitments, so that incompetent criminal defendants, who pose a risk to others, can be civilly committed. This change would only apply to those who have already had due process protections under the criminal justice system. The Department of Law's fiscal note estimates this bill would apply to one or two cases per year. Number 055 With the committee's permission, an unidentified speaker, referred to as "Jeanne," testified via teleconference. JEANNE recounted an incident in which her daughter was sexually molested at a church event by a severely mentally retarded boy with violent tendencies. This incident was the fourth substantiated case of molestation by the boy. The boy's family was aware of the incidences yet continued to allow him to attend the church events for children. The victim's family reported the incident to the Anchorage Police Department and contacted the other three families whose children had been molested by the boy. CHAIRMAN TAYLOR asked if the police report resulted in a prosecution and the defendant was found to be incompetent due to severe mental retardation. JEANNE responded that she tried to get a restraining order on the boy but could not because he is not a family member. Police officers talked to the boy and his family and the boy spent two weeks in jail for vandalism and four charges of abuse of a minor child but the charges were dismissed because he is mentally retarded. The Constitution prohibits incarceration of mentally retarded people as it is a violation of their Sixth Amendment rights. API was not an alternative because the boy is not mentally ill. CHAIRMAN TAYLOR stated this person votes in every election. JEANNE verified that the boy does vote, his parents discuss the issues with him. He also buys alcohol, and has held a job with the Anchorage School District since the mid to late 1980s. CHAIRMAN TAYLOR clarified the boy held the job since 1989 but was dismissed several weeks ago after the Anchorage School District was informed of the substantiated cases. Number 191 LAURIE OTTO, Deputy Attorney General for the Department of Law, noted Chairman Taylor has identified a gap in the criminal justice system that needs to be fixed. She was informed on Monday that a first degree murderer is about to be released based on a similar gap in the statute. Although she acknowledged the problem, she did not believe SB 321 will solve the problem for the following reason. Over the past 30 years the system of institutionalization has been shaped by statutes, regulations, the Constitution, case law, and by the annual budgets of the agencies involved. There are two basic kinds of institutionalization: civil and criminal. There is some overlap between those two systems for people who commit crimes: legally insane people who are the responsibility of the Department of Health and Social Services; mentally ill people who are found guilty and are the responsibility of the Department of Corrections; and people who are found to be incompetent to stand trial. The last group is the subject of SB 321 and the source of the problem that exists in the criminal justice system. These cases are rare: of the 4,000 felony cases that get reviewed by prosecutors' offices every year, at most there is only a handful that raise legitimate competency issues - only three have been identified in the past three years. Most people found to be incompetent can become competent after a short period of time with medication or with training. The small number of cases in which the defendant is found incompetent to stand trial is often not only because of mental retardation but also brain damage. The murderer to be released also has Alzheimer's Disease. SB 321 would make these people subject to civil commitment. To civilly commit a person, the state must prove to a jury with clear and convincing evidence the person is mentally ill, and be either a danger to themselves or others, or be gravely disabled. The phrase "likely to cause serious harm to self or others" is defined in AS 47.30.915 (10)(b) as "poses a substantial risk of harm to others as manifested by recent behavior causing, attempting, or threatening harm, and is likely in the near future to cause physical injury, physical abuse, or substantial property damage to another person." By the time an incompetent defendant reaches the point of civil commitment, one year will most likely have lapsed. The defendant usually will have spent that time at API or another institutional setting. The civil commitment proceedings must be held at intervals of 30, 90 and every 180 days after that. In such situations the Department of Law has found it impossible to prove that a person is likely to cause serious harm to others based on recent behavior. Even if the person can be committed, other statutes allow the release of the person. AS 47.36.055 sets out the state's policy that mentally ill persons be held in the least restrictive setting possible which is often the community setting. AS 47.37.080 requires that a mentally committed person be released if the person in charge of the facility believes that he or she is no longer dangerous. This occurs without court action or notice to law enforcement. To comprehensively address the issue of incompetency, there would have to be many statutes and state policies amended. Those changes would also impact people other than those that need to be targeted. The Criminal Division of the Department of Law believes the problem is that the term "mentally incompetent" is not defined in statute. There are doctors who interpret it very narrowly and those rulings are upheld on appeal. There are doctors who apply it more expansively. DOL believes, for constitutional purposes, if a person is capable of voting, working, and has a driver's license, that person is competent to stand trial. If a doctor believes differently, based on no standards, the DOL has no effective means of persuading the court differently. DOL recommends the statute be amended with a tight, clear definition of mental incompetence. DOL is researching how other states have dealt with this problem. The problem with SB 321 is that to give people due process, jury trials must occur over short periods of time, and the defendant must be proved to be dangerous. That approach is both time consuming and expensive. DOL is in the process of drafting a new definition. Number 331 DERRILL JOHNSON, Program Administrator for Developmental Disabilities, stated DHSS believes SB 321 is well intended, but would prefer a long term fix for the problem. Individuals should suffer the consequences of their actions. In the developmental disability community, there is a service network that can provide supports for clients and their families. The better way to tighten the loophole is to find a better way to evaluate who is competent to stand trial. He offered to provide committee members with information on the types of support services DHSS offers to communities and families. CHAIRMAN TAYLOR commented he did not intend for this bill to result in a criminal sanction for a person who is not competent to be embroiled in that system, due to a finding under the Sixth Amendment. Instead he was hoping the DHSS would respond with a proposal to accommodate this individual in a secure setting so that the public could be assured that person will not be roaming the community unsupervised. If he intended to put these people in a penal institution, he would have redefined the definition of mental illness in criminal law. He asked if the DHSS was requesting a definition change that would lower the standard so that these people could be tried criminally and incarcerated. MR. JOHNSON replied the intent would be to place the people in an alternative arrangement with solid community support. He noted in this particular case, he will be meeting with the family in an attempt to design a system using community support for their son. This approach is based on DHSS' experience over the last five years and has been successful. CHAIRMAN TAYLOR stated the committee intends to move SB 321 out of committee and have the next committee work on proposed amendments. He asked DOL to submit the definition mentioned. Number 380 SENATOR GREEN asked if DHSS can require a family to participate in its programs before an incident occurs. She believed there should be a level of responsibility placed on the guardian. MR. JOHNSON replied DHSS does not have that authority because developmentally disabled clients are served on a voluntary basis. A guardian cannot force a client to participate either. DAVID MALTMAN, Director of the Governor's Council on Disabilities and Special Education commented most Council members are parents of developmentally disabled individuals and are concerned for the children and families who have been affected by this incident. However, the sense of outrage must be tempered by the fact that people with limited capacities, particularly people with developmental disabilities, are no more dangerous to children than anyone else. There is no evidence that men with mental retardation commit sexual assaults at a higher rate than other men in the general population, and are actually more likely to be victims of such behavior. Existing programs deal with difficult clients, and have done a fine job of supervision and monitoring. Had this abuser been enrolled, it is unlikely this incident would have occurred. There are waiting lists for these programs, however. Committing people to API will not solve the problem. The Council is very concerned about minimizing risks to the community. He asked the committee to allow more time to look at what other states are doing, and the services they provide. Senator Ellis arrived at 2:40 p.m. CHAIRMAN TAYLOR thanked Mr. Maltman and explained it was not his intent to cast dispersions at developmentally disabled people. He noted Senator Miller and he would like to work on this problem further. He suggested Mr. Maltman contact the State of Idaho for suggestions and information. MR. MALTMAN added the State of Vermont has a statute that addresses this problem for offenders with mental retardation which he would provide to committee members. Number 454 LYNN STIMLER, representing the ACLU, agreed with Ms. Otto's testimony. She was concerned the bill will miss the offenders it is intended to catch because the statute is premised on the assumption that people can be confined if competency can or will be restored. She believed that in the committee's rush to pass the bill to the Senate Rules Committee, the bill may target people it was not intended to include. CHAIRMAN TAYLOR asked Ms. Stimler to provide input on the definition to committee staff. Number 479 RICHARD RAINEY, Executive Director of the Alaska Mental Health Board, asked the committee to consider the fact that the bill could create a population new to the mental health system that would require services that are not available. Those services may come at the expense of existing services. The system that currently exists, and is envisioned for the future, is the result of a long and sometimes tortuous planning process involving mental health consumers, providers, and state agencies. API is a critical element in that system. If the mission of API is to provide tertiary care to mentally ill individuals who cannot be treated in their communities, he is concerned this change will involve taking resources from that program. CHAIRMAN TAYLOR asked Mr. Rainey if he agreed that only one or two people per year may fall into this category. MR. RAINEY replied there is some concern that the population will end up being larger. CHAIRMAN TAYLOR felt the individuals the bill is directed toward are fairly functional, and that small modifications to existing programs may be able to provide a higher level of security. MR. RAINEY stated he would not be as concerned if those people are not placed at API. DOROTHY PEAVEY, the Executive Director for Mental Health Consumers of Alaska, believes SB 321 would affect mentally ill people indirectly. SB 321 was introduced as a hasty response to an unfortunate situation. Persons with severe mental retardation with criminal tendencies need constant supervision. Such supervision can be provided in a psychiatric hospital or in long-term residential care, however both options are expensive and finite in availability. Community placement is a viable solution and several agencies have experience serving clients with such histories. She believed this population and guardians should be held responsible for criminal behavior. She urged the committee to find a solution that does not include civil commitment and utilization of resources that are already overcommitted. SENATOR MILLER moved SB 321 out of committee with individual recommendations. Senator Adams objected because he believed the Senate Judiciary Committee should at least define "mental incompetence" and review the fiscal note from API. The motion carried with Senators Taylor, Green and Miller voting "yea," and Senators Miller and Ellis voting "nay." HB 104 DISCLOSURE OF JUVENILE RECORDS REPRESENTATIVE PETE KOTT, sponsor of HB 104, explained the proposed committee substitute eliminates material added by the Senate HESS committee because it interfered with federal funding. CHAIRMAN TAYLOR clarified the proposed committee substitute is labelled 276-J Chenoweth, 4/10/96. SENATOR MILLER moved the adoption of the proposed committee substitute in lieu of the original bill. SENATOR ADAMS objected and asked for verification of the federal funding issue from the Department of Health and Social Services. REPRESENTATIVE KOTT explained the bill addresses some of the juvenile crime problems by allowing for the release of information on juveniles, on request, if the crime committed is classified as a felony if committed by an adult. In addition, the committee substitute also allows release of the parents' names to ensure proper identification of the juvenile, and to place some responsibility on the parents for controlling the behavior of their children. Number 581 DIANE WORLEY, Director of the Division of Family and Youth Services in DHSS, testified she is pleased with the proposed committee substitute as the previous version of the bill did interfere with $7 million in federal funding. She expressed concern about disclosure of juvenile records in general, and the broadness of the disclosure provision in HB 104. DFYS believes, at this time, some information should be disclosed, but this legislation allows disclosure at the time of arrest, and does not include any specific ages. If a minor was found to be innocent at a later date, there is no recourse for publishing that information. Adolescents make mistakes, but often shape up if they have strong support in their home environment. This bill could lead to stereotyping, or identifying adolescents as criminals, when the situation could have been self-correcting. SENATOR ADAMS asked Ms. Worley if a statutory age limit exists. MS. WORLEY was unsure, and added many of the bills circulating contain different age limits. Number 549 LAURIE OTTO, Deputy Attorney General of the Department of Law, explained different statutes contain different age limits, for example juveniles can be finger printed at age 14. There is no existing statutory provision for disclosure. The Department of Law also opposes the disclosure of an arrest because no information can be released about the case afterward, according to statute. SENATOR ELLIS asked whether the names of parents who have voluntarily emancipated their children would be released. MS. OTTO replied they would. Number 505 LYNN STIMLER questioned whether Title 4E funds would be lost if arrests are reported, under the current configuration of DFYS. CHAIRMAN TAYLOR responded that is correct. MS. STIMLER stated the ACLU would be very concerned about reporting an arrest rather than a conviction. She asked Representative Kott what the rate of false arrests, or arrests that do not result in convictions, of juveniles are. CHAIRMAN TAYLOR intervened, and explained version J is Section 3 of the previous bill. ROGER POPPE, legislative aide to Representative Kott, estimated the number of arrests without convictions is about one percent. He explained the bill allows the Department of Public Safety to release the names of juvenile arrests. Although the sponsor agreed it was unfair to release the arrest information without follow up, DFYS received a determination from the federal government that prohibits information from being released by DFYS or the courts. CHAIRMAN TAYLOR stated that although there may be a lot of contact between police and juveniles, in the majority of cases, a report is made to DFYS who handles the case from that point. MS. STIMLER emphasized ACLU is concerned about the piecemeal approach toward the release of juvenile records by the legislature. Many bills are circulating that do not reconcile with each other. If release of material short of a conviction is allowed, there will be a due process problem. She cautioned that this bill is premature without the Governor's Task Force recommendations. She repeated that this bill will give power to an agency that has only been given to the courts in the past. CHAIRMAN TAYLOR commented that many other states can release information, without a threat of loss of federal funds, about a juvenile's arrest and conviction, or non-conviction, because they have separate departments for juveniles with civil concerns and juveniles with criminal concerns. He stated that approach may be used in the future, and agreed that the state is currently using a piecemeal approach. SENATOR ADAMS removed his objection to the adoption of the committee substitute, therefore it was so ordered. SENATOR GREEN moved SCSHB 104(JUD) out of committee with individual recommendations. SENATOR ADAMS objected. The motion carried with Senators Taylor, Green and Miller voting "yea," and Senator Adams voting "nay." HB 311 MINERS: PAY & MAXIMUM HOURS OF WORK DOUG ROBERTS, Mayor of Wrangell, stated support for HB 311 as it will provide an employment opportunity for Southeast Alaskans. Kennecott Greens Creek Mining Co. representatives came to Wrangell recently to discuss work opportunities at the mine. With an unemployment rate of about 30 percent in Wrangell, that industry can provide much needed jobs. SB 320 NEW SUPERIOR COURT JUDGE FOR DILLINGHAM CHAIRMAN TAYLOR announced the committee would hear SB 320 at this time to accommodate people listening on the teleconference. KELLY HUBER, staff to Senator Halford, stated SB 320 was introduced by the Senate Finance Committee to increase the number of Superior Court judges in the Third Judicial District with the intent of locating that position Dillingham. This issue has been discussed extensively in the House. The Department of Law supports SB 320 as it will meet the needs of Dillingham and surrounding areas. LAURIE OTTO informed the committee the Department of Law strongly supports SB 320 and offered to discuss the reasons provided in the letter sent to committee members from the Attorney General. ART SNOWDEN, Administrative Director of the Judicial Branch, stated if SB 320 is enacted, the Judicial System intends to create a new position in Dillingham, however under the Constitution, a new position can only be created for the Third Judicial District. The Court System supports SB 320, as it would provide a judge in the Third District to train magistrates. Dillingham is a magnet community for Bethel, Nome, and Kotzebue. It will also provide relief for Anchorage judges who must travel to those areas. CHAIRMAN TAYLOR noted, for the record, Senator Lyman Hoffman has submitted a two-page letter to committee members in strong support of SB 320. REPRESENTATIVE IVAN IVAN also noted his support for the record. SENATOR ADAMS moved SB 320 out of committee with individual recommendations. There being no objection, the motion carried. HB 311 MINERS: PAY & MAXIMUM HOURS OF WORK CLYNTON NAUMAN, General Manager of the Kennecott Greens Creek Mine on Admiralty Island testified in support of HB 311, which extends the number of hours a person can work underground from eight to ten, at the face. Greens Creek plans to reopen in the fourth quarter of 1996, and at that time will have about 250 employees. Greens Creek currently hires 150 employees, 80 percent are Alaskans. If HB 311 passes, Greens Creek intends to offer jobs to qualified people in Southeast Alaska, subsidize transportation costs from their home community to Admiralty Island where they would be housed for possibly 20 days, and transport them back to their communities for 10 days. This plan would avoid a housing problem in Juneau, and allow people from Southeast to work without relocating their families. If HB 311 does not pass, and Greens Creek is locked into eight hour underground shifts, it will have to run three shifts per day which will change the economics of the mine. MR. NAUMAN explained Greens Creek is requesting a change to ten hours in statute, rather than using the variance method proposed by the Department of Labor, because to implement the Southeast hire plan, Greens Creek will need to construct facilities with a cost of several million dollars. Greens Creek needs the certainty of a statute in order to amortize that investment and needs the stability and two-shift rotation in order to provide sustained, lower operating costs that will eventually provide more job security for employees by allowing Greens Creek to withstand volatility in a commodities market and in the global marketplace. A permit approach is less certain, and contains vague requirements, such as whether changing the eight hour underground work day to ten hours is in the best interest of the workers of the state. That will be difficult to determine before the workers are doing it. Greens Creek does not believe that standard is objective. Greens Creek is also uncertain about the length of the permit and the possibility of revocation. Permit regulations do not exist at this time, yet Greens Creek is ready to hire at this time. Greens Creek has spent considerable time with Commissioner Cashen trying to find common ground and appreciates the effort he has made, but needs the certainty of a statute to make the necessary investments. A ten-hour work day is safe, and promotes an opportunity for Alaskan jobs for qualified people, reduces the economic exposure of Greens Creek to inevitable fluctuations in the market, and allows it to be competitive on a global basis. Number 263 WENDY NATKONG, representing the workforce at Greens Creek Mine, submitted a letter to the editor she wrote to the Juneau Empire which was endorsed by 34 underground workers at the Greens Creek Mine, and a petition signed by 128 Greens Creek employees. As the medical coordinator, she does not believe safety is an issue with this bill. The original restriction on hours worked at the face of a mine was legislated in 1913; working conditions have improved substantially since that time. Current Greens Creek workers only spend about six hours at the face of the mine. Greens Creek employees support this measure because it will decrease the amount of commuting time to Admiralty, will allow for more time with their families, and for more productive shifts. The employees understand this schedule will not be dictated; that will be allowed to present proposals for the schedule to the management. BERNIE MILLER, Executive Director of the Southeast Conference, testified in support of HB 311 because it will make it easier for mining companies in Southeast Alaska to hire local residents. The economy in Southeast Alaska has changed dramatically in the last few years, and further changes may occur in the immediate future. The visitor industry has grown steadily, the timber industry has contracted significantly, and the fishing industry is confronted by new challenges daily. If mining companies are afforded the conditions they need to run a camp-type operation, workers will be able to commute from where they live now. More jobs should go to Southeasterners as a result which could be critical to the well being of communities in Southeast if further economic dislocations occur. For the Southeast Conference, the bottom line is high paying, full-time, private sector jobs. The Conference has no preference with respect to whether the relief mining companies need comes in statute or regulation, so long as companies operating in Southeast Alaska can hire people who live here. Number 189 ED FLANAGAN, Deputy Commissioner of the Department of Labor, stated DOL supports the concept of allowing a ten-hour work day. Commissioner Cashen has met with all of the mining interests that are proposing projects in the area and is personally interested in mining, however believes this legislation to be special interest because it meets the concerns of one company, however valid, despite the fact that those concerns can be met under an acceptable alternative. The variance procedure is not a permit: variances are routinely granted under Title 18, Chapter 60, for all OSHA regulations. For example, OSHA regulations ban night blasting, which would be a critical problem in Prudhoe Bay in the winter, therefore DOL grants a variance. MR. FLANAGAN continued. If HB 311 is enacted, this change will not only apply to Greens Creek, it will apply to every mine in the state. The law passed in 1913 may be old but has stood the state in good stead all of this time. In this community alone, there were three fatalities since 1989 in other mines in the development phase. Mining is a hazardous industry, however responsible companies can allow for safety to ensure that fatigue is not a factor. The Greens Creek camp is not a done deal. In previous testimony, Mr. Nauman stated his workers spend a 12 hour day to do 5.7 hours of work at the face. Those workers could be working up to 8 hours at the face at this time. If Greens Creek does not put in its camp, the workers will be putting in a 16 hour day. The variance procedure is responsive, and although it is time consuming on occasion, the Commissioner could issue an interim order ex parte and grant the variance pending resolution of the formal variance procedure. MR. FLANAGAN stated DOL commends Green Creek for trying to hire Southeast residents, however repeated the variance procedure can address Greens Creek's concerns. He was unaware of any variances revoked by DOL. He thanked the committee for their time. Number 103 GARY PAXTON, Sitka City Manager, testified via teleconference. Greens Creek representatives recently came to Sitka for a two-hour briefing on its hiring plan. The meeting had a substantial turnout. The City and Borough of Sitka supports HB 311. KEITH PERKINS, Sitka Assembly Member, voiced support for HB 311. Many people in Sitka are looking for work as Sitka has had a soft landing but its economy has finally hit bottom. The potential for high paying blue collar jobs is important for this reason. JENNIFER TENNY, testifying from Ketchikan, commented her husband was laid off as a logger, and recently became employed by Greens Creek Mine. HB 311 would allow her family to continue to work and live in Southeast Alaska. Because of the price and scarcity of housing in Juneau, she is not able to move her family. If he could work 20 days on and 10 off, the family could remain where they are. Her husband worked in two mines in Montana, one an underground mine. In both mines, he worked ten hour shifts, and sometimes 12 hours. He also worked in the sawmill industry with ten hour shifts. In 17 years of working full-time, he has never had a time- loss accident. Safety lies in the environmental and attitude that both the employee and employer must participate in. If a company spends time and resources in making a workplace safe, conditions will be as safe as possible. TAPE 96-35, SIDE A Number 000 MS. TENNY did not believe conditions are any more dangerous in a mine than they are in a sawmill, and questioned whether the 1913 was a special interest law to begin with. SENATOR GREEN moved CSHB 311(JUD) out of committee with individual recommendations. There being no objection, the motion carried. HJR 52 CIRCUIT COURT OF APPEALS FOR 12TH CIRCUIT SENATOR ADAMS moved to remove lines 13-16 of page 2, because he did not believe specific cases should be cited in the resolution unless the legislature is willing to pass a subsistence bill. Removing those lines will not harm the legislation. There being objection to the motion, a roll call vote was taken with Senators Miller, Green and Taylor voting "yea," and Senators Ellis and Adams voting "nay." The motion failed. SENATOR MILLER moved CSHJR 52(JUD)am out of committee with individual recommendations. There being no objection, the motion carried. CHAIRMAN TAYLOR adjourned the meeting at 3:35 p.m.