Legislature(1995 - 1996)
02/06/1996 01:30 PM Senate L&C
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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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