Legislature(1995 - 1996)

02/06/1996 01:30 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               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.                              
                                                                               
                                                                               

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