Legislature(1993 - 1994)
05/06/1993 02:35 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
May 6, 1993
2:35 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator George Jacko
Senator Suzanne Little
MEMBERS ABSENT
Senator Dave Donley
OTHERS PRESENT
Representative Fran Ulmer
Representative Eldon Mulder
Representative Jerry Sanders
COMMITTEE CALENDAR
SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES)
Relating to Alcohol-Related Birth Defects Awareness Week.
CS FOR HOUSE BILL NO. 93 (CRA)
"An Act relating to the village public safety officers
program."
CS FOR HOUSE BILL NO. 187(FIN) am
"An Act authorizing the interception of private communications
related to the commission of certain criminal offenses;
relating to pen registers, trap devices, and communications
in electronic storage; amending statutes relating to
eavesdropping and wiretapping; relating to the penalty for
violation of statutes relating to eavesdropping and
unauthorized interception, publication, or use of private
communications; and providing for an effective date."
HOUSE BILL NO. 160(title am)
"An Act relating to the time for filing certain civil actions
based on a defect in an improvement to real property; and
providing for an effective date."
HOUSE BILL NO. 97
"An Act clarifying the responsibilities of the Department of
Health and Social Services and parents for children who are
committed to the custody of the department and are placed by
the department with the parents; and providing for an
effective date."
CS FOR HOUSE BILL NO. 119(JUD) am
"An Act authorizing a sentencing court to impose a sentence
of a day fine instead of a sentence of imprisonment on a
defendant convicted of a misdemeanor; directing the Alaska
Supreme Court to develop and implement a day fine plan;
requiring the Alaska Court System to report to the legislature
on the use of day fines; amending Alaska Rule of Criminal
Procedure 32; and providing for an effective date."
CS FOR HOUSE BILL NO. 137(JUD)
"An Act authorizing special medical parole for terminally ill
prisoners."
HOUSE CONCURRENT RESOLUTION NO. 19
Relating to the sale of state royalty gas.
HOUSE BILL NO. 170
"An Act extending the termination date of the Board of Marine
Pilots."
SENATE CS FOR HOUSE BILL NO. 101(L&C)
"An Act relating to the adoption of the National Electrical
Code and the National Electrical Safety Code."
PREVIOUS SENATE COMMITTEE ACTION
HCR 7 - See HESS minutes dated 3/22/93.
HB 93 - NONE
HB 187 - NONE
HB 160 - See Judiciary minutes dated 4/28/93.
HB 97 - See HESS minutes dated 4/14/93 and 4/16/93.
See Judiciary minutes dated 4/28/93.
HB 119 - NONE
HB 137 - See HESS minutes dated 4/21/93.
HCR 19 - See Oil & Gas minutes dated 4/27/93.
HB 170 - See Labor & Commerce minutes dated 4/22/93.
See Judiciary minutes dated 4/28/93.
HB 101 - See Labor & Commerce minutes dated 3/23/93 and
4/13/93. See Judiciary minutes dated 4/28/93.
WITNESS REGISTER
Arthur Snowden, Administrative Director
Judicial Branch
303 K Street
Anchorage, Alaska 99501-2084
POSITION STATEMENT: No position on HB 187.
Supported HB 119.
C. E. Swackhammer, Deputy Commissioner
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99811-1200
POSITION STATEMENT: Testified on HB 187.
Elmer Lindstrom, Special Assistant
Dept. of Health & Social Services
P.O. Box 110601
Juneau, Alaska 99811-0601
POSITION STATEMENT: Supported HB 97.
Judy Jordan, Aide
Representative Gail Phillips
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on HCR 19.
ACTION NARRATIVE
TAPE 93-55, SIDE A
Number 001
Chairman Robin Taylor called the Judiciary Committee meeting
to order at 2:35 p.m.
SENATOR TAYLOR introduced HCR 7 (ALCOHOL-RELATED BIRTH DEFECTS
AWARENESS) to committee. The prime sponsor is REPRESENTATIVE
IRENE NIICHOLIA.
SENATOR HALFORD moved to pass SENATE CS FOR HOUSE CONCURRENT
RESOLUTION NO. 7(HES) from committee with individual
recommendations. Without objections, so ordered.
SENATOR TAYLOR introduced HB 93 (VILLAGE PUBLIC SAFETY
OFFICERS PROGRAM) to committee. The prime sponsor is
REPRESENTATIVE RICHARD FOSTER.
SENATOR HALFORD moved to pass CS FOR HOUSE BILL NO. 93(CRA)
from committee with individual recommendations. Without
objections, so ordered.
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.
SENATOR HALFORD moved to adopt CS FOR HOUSE BILL NO. 160 (8-
LSO627\J).
Number 141
SENATOR LITTLE asked for a clarification on the changes
proposed in the committee substitute.
SENATOR TAYLOR said it was a similar amendment as one added
to the senate bill, along with a clarification amendment by
MIKE FORD, who drafted the amendment. He explained the
amendments as dealing with latent risks of invisible defects
in a building and shared responsibility in the statute of
limitations. There was a clarifying discussion on these
amendments.
SENATOR TAYLOR here being no objections, CS FOR HOUSE BILL NO.
160(JUD) was adopted.
SENATOR HALFORD moved to pass SENATE CS FOR HOUSE BILL NO.
160(JUD) (LIABILITY OF DESIGN/CONSTRUCTION PROFESSIONALS)
from committee with individual recommendations. It is
accompanied by a resolution for a title change. There was
objection from SENATOR LITTLE. The bill passed on a 3-1 vote.
SENATOR TAYLOR returned HB 97 (PARENTAL CARE FOR CHILD IN
STATE CUSTODY) to committee and invited ELMER LINDSTROM,
Special Assistant to the Department of Health & Social
Services, to testify.
MR. LINDSTROM explained the bill, introduced by House HESS
Committee at the request of the department, was a housekeeping
measure made necessary by a court decision in 1991 which would
change the way the department has always done business. In
that case, the Supreme Court ruled that the department must
pay for the medical costs of children in state custody even
though the children live with their parents. He explained
the decision might hold the state responsible for substantial
costs such as food, shelter, and education. He said the bill
addresses the court decision.
Number 228
SENATOR LITTLE asked if the parent's relative need was
considered in the bill. MR. LINDSTROM said a family in need
would be eligible to apply for any of the other public
assistance programs and have no effect on those families
already on public assistance.
SENATOR HALFORD moved to pass HOUSE BILL NO. 97 from committee
with individual recommendations. Without objections, so
ordered.
SENATOR TAYLOR introduced CS FOR HOUSE BILL NO. 119(JUD) am
(AUTHORIZE USE OF DAY FINES IN MISDEMEANOR CASES) and invited
the sponsor, REPRESENTATIVE FRAN ULMER, to testify.
REPRESENTATIVE ULMER reviewed the work of the Sentencing
Commission to relieve prison overcrowding and the high cost
of our prison system. She said one of the recommendations was
the day fine idea embodied in HB 119, and she explained some
background information on the successful use of day fines by
other states; however,it has not been used previously in
Alaska.
REPRESENTATIVE ULMER explained judges, in misdemeanor cases,
would have an additional sentencing option for those cases for
which the judges feel it would be appropriate. A day fine is
a percentage of daily income, and she explained it as a
sliding scale approach to paying a fine. She reminded the
committee there were over 2000 misdemeanants waiting to do
time in the State of Alaska. She explained how it would
relieve prison overcrowding and increase the fines paid to the
State of Alaska.
SENATOR LITTLE clarified the bill would apply mostly to lower
class misdemeanors, and REPRESENTATIVE ULMER explained it
would apply to only those misdemeanors that were considered
non-person crimes - only property crimes.
Number 273
SENATOR TAYLOR introduced HB 137 (PAROLE OF TERMINALLY ILL
PRISONERS) and invited the sponsor, REPRESENTATIVE ELDON
MULDER, to testify.
REPRESENTATIVE MULDER explained his bill was also an outgrowth
of recommendations from the Sentencing Commission and related
to special medical parole for terminally ill inmates. He
quoted the Department of Corrections as asking for this useful
tool to be used by the parole board. He referred to the
stipulation in the bill that the use of the allowance would
not be used if it would diminish the crime or the parole board
thought the inmate was a risk to society.
REPRESENTATIVE MULDER explained the present practice in
regards to ill inmates with the state picking up 100% of the
cost, but a special medical parole would allow Medicare or
Medicaid to pick up the cost. He thought the issue was doubly
important with AIDS in the inmate population, and he said
there were six identified HIV positive cases within the prison
community, although it might be higher.
SENATOR LITTLE clarified it would only be used in a few cases,
and REPRESENTATIVE MULDER agreed it would only be used in very
special cases.
SENATOR JACKO moved to pass CS FOR HOUSE BILL NO. 137(JUD)
from committee with individual recommendations. Without
objections, so ordered.
SENATOR TAYLOR called on MR. SNOWDEN, who wished to testify
on HB 119 (AUTHORIZE USE OF DAY FINES IN MISDEMEANOR CASES).
MR. SNOWDEN, Administrative Director for the Court System,
explained that the Court System, apart from the Sentencing
Commission, had been working on the concept of day fines and
has produced a large report on their findings. He indicated
day fines were being used in many European Countries, and many
states were using day fines for 70% of their crimes.
MR. SNOWDEN said, if the judges were not able to use day
fines, there will be tremendous jail problems. He explained
it helped the poor and rural in Alaska. He said the rich
would pay and big fines would not be assigned to poor people
who can't afford them.
MR. SNOWDEN explained presently the Sixth & C Street jail,
which is for misdemeanors, has been closed four times in the
last month. He said the judges of this state are frustrated
and want to be able to use the jail facilities for truly
violent people. He said it will take about a year for the
judges to put the day fine system together, and if it doesn't
pass this year, it would be two more years before there could
be any relief.
In his final plea, MR. SNOWDEN stressed it was something
needed by the judges to stop the overcrowding of the jails.
SENATOR LITTLE move to pass CS FOR HOUSE BILL NO. 119(JUD) am
from committee with individual recommendations. Without
objections, so ordered.
SENATOR TAYLOR introduced HCR 19 (ENCOURAGE SALE OF STATE
ROYALTY GAS) and invited JUDY JORDAN, to testify for the
sponsor, REPRESENTATIVE GAIL PHILLIPS.
Number 348
MS. JORDAN urged the legislators to reaffirm their positive
support for the sale of the North Slope royalty gas. She
explained the sale of this gas would add several hundred
million dollars to the state's annual revenues, and provide
a tremendous job and economic stimulus consistent with the
construction and operation of a multi-billion transportation
link. She provided some history on the sale of liquified
natural gas from the Kenai Peninsula said REPRESENTATIVE
PHILLIPS was pleased to encourage the extension of trade to
Japan.
MS. JORDAN quoted REPRESENTATIVE PHILLIPS as saying, "... we
are in the position to help balance the energy trade, and the
environmental imperatives of the Pacific Rim."
(Nothing more was done on the bill at this time, as there was
no quorum.)
SENATOR TAYLOR introduced HB 170 (EXTEND BOARD OF MARINE
PILOTS) and invited the sponsor, REPRESENTATIVE JERRY SANDERS,
to testify.
MR. SANDERS read his Sponsor's Statement which affirmed the
importance of the marine pilots to the safe and economical
seaborne commerce in Alaska. He said the bill would extend
the Board of Marine Pilots from June 30, 1994 to June 30,
1998, and he gave some historical significance to the board,
which was organized to protect the state's interest in the
life, property, environment, and efficient flow of water borne
commerce for the State of Alaska.
REPRESENTATIVE SANDERS describe the composition of the board,
the establishment of qualifications, the required training
for pilots, the examination of the pilots, and the issuance
of licenses to qualified persons. He urged the extension of
the board because of the competitive nature of shipping in
Alaska these days through setting tariffs and implementing
regulations in the interest of safety and commerce.
(Nothing more was done on the bill at this time, as there was
no quorum.)
SENATOR TAYLOR called HB 101 (NATIONAL ELECTRICAL CODE)
sponsored by the House Labor & Commerce Committee, to explain
the bill would bring Alaska into compliance with current and
existing codes across the United States. He also explained
it would be important to the Department of Labor in their
ability to regulate the safety and health of the National
Electrical Safety Code.
(Nothing more was done on the bill at this time, as there was
no quorum.)
There being no further business to come before the committee,
the meeting was adjourned at 3:10 p.m.
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