Legislature(1995 - 1996)
04/10/1996 01:30 PM Senate JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= 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.
| Document Name | Date/Time | Subjects |
|---|