Legislature(1995 - 1996)
02/06/1996 01:30 PM L&C
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE LABOR AND COMMERCE COMMITTEE February 6, 1996 1:30 P.M. MEMBERS PRESENT Senator Tim Kelly, Chairman Senator John Torgerson, Vice Chairman Senator Mike Miller Senator Judy Salo MEMBERS ABSENT Senator Jim Duncan COMMITTEE CALENDAR SENATE BILL NO. 227 "An Act relating to an exemption to the unauthorized publication or use of communications and the prohibition against eavesdropping for certain law enforcement activities." SENATE BILL NO. 239 "An Act relating to telephone advertisements, solicitations, and directory listings." PREVIOUS SENATE COMMITTEE ACTION SB 227 - No previous action to record. SB 239 - No previous action to record. WITNESS REGISTER Lt. Dennis Casanovas Division of State Troopers Department of Public Safety 5700 Tudor Rd. Anchorage, AK 99507-1225 POSITION STATEMENT: Supported SB 227. Senator Steve Reiger State Capital Bldg. Juneau, AK 99801-1182 POSITION STATEMENT: Sponsor of SB 239. ACTION NARRATIVE TAPE 96-9, SIDE A Number 001 SL&C 2/6/96 SB 227 POLICE CAN INTERCEPT SOME COMMUNICATIONS CHAIRMAN KELLY called the Senate Labor and Commerce Committee meeting to order at 1:30 p.m. and announced SB 227 to be up for consideration. LT. DENNIS CASANOVAS, State Trooper, supported SB 227, because it will grant Alaska law enforcement officers additional resources to deal with crisis situations, such as barricaded suspects and hostages. Currently, law enforcement officers respond to such incidents without a clear understanding of the number or identity of participants, the types of weapons or explosives that may be available, the number of hostages, and the extent of injuries to people involved. These rapidly changing circumstances rely heavily upon what information law enforcement negotiators can quickly learn from near-by witnesses and/or from the suspect, should he wish to communicate with the police. LT. CASANOVAS said the Alaska State Troopers respond to approximately four incidents per year wherein a suspect refuses to exist to surrender or exit at the direction of the police officer. Number 61 SENATOR TORGERSON asked what procedures were used now. LT. CASANOVAS said that although AS 12.37.010, interception of private communication, is in place and available, the proceedings to get court approval are cumbersome and only apply to a certain set of offenses, like first and second degree murder and kidnapping, etc. SENATOR TORGERSON asked if these communications can be used as evidence against whoever it is you are after? LT. CASANOVAS said they hoped they could be used in a criminal preceding. SENATOR TORGERSON said he was a little nervous about letting these communications be used as evidence without the proper procedures. SENATOR MILLER noted that this bill would next go to Senate Judiciary which is chaired by Senator Taylor, a former judge. He said that was an area he would look at strongly. Number 115 SENATOR MILLER moved to pass SB 227 from committee with individual recommendations. There were no objections and it was so ordered. SL&C 2/6/96 SB 239 TELEPHONE SOLICITATIONS/ADS/DIRECTORIES CHAIRMAN KELLY announced SB 239 to be up for consideration. SENATOR REIGER, sponsor, said he introduced this legislation to reduce uncalled-for solicitations by telephone. It allows a residential telephone subscriber to have a notation placed in the telephone directory expressing a desire not to receive telephone solicitations. There are a couple of exceptions to this, for example if you have previously done business with a business, they can do a follow-up call to solicit business, again. If requested, the local telephone company will provide a list of all subscribers who are identified not wanting to received direct solicitations to a direct marketer. SENATOR REIGER said that GCI requested that the list provided would be in computer format, instead of just hard copy and this provision is in the bill. SENATOR KELLY thought that directory information should also indicate the solicitation ban. SENATOR KELLY asked if this prohibits automated or recorded message of telephone solicitation. SENATOR REIGER said that was correct, because there was existing law prohibiting this, and that law is repealed in this bill. This just puts it back in a different place. SENATOR KELLY said he was polled on the ANWR issue with a strictly recorded call which he resented. He asked if that would be covered under this bill, because it was polling for public information. SENATOR REIGER thought that wouldn't be covered, because solicitation is defined on page two as the phone call being for the purpose of encouraging the customer to purchase something or make a donation. SENATOR KELLY said he didn't want to limit polling or solicitations of expressions of opinion or votes by telephone by a real person, but did not want a straight computer message. Number 209 SENATOR MILLER said some of the worst organizations he has come across are charitable, but asked if there was a time period, like a year, where an exemption is created. SENATOR REIGER said he thought about that and there might be some periodic things one would not want to preclude. SENATOR KELLY suggested putting in two years for charitable organizations. Number 261 SENATOR TORGERSON moved to adopt a conceptual CS including the directory assistance, the two-year time limit, and unauthorized polling by computer without a real person. There were no objections and it was so ordered. SENATOR TORGERSON moved to pass CSSB 239 from committee with individual recommendations. There were no objections and it was so ordered. SENATOR KELLY adjourned the meeting at 1:50 p.m.