Legislature(1995 - 1996)
04/03/1996 01:30 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
April 3, 1996
1:30 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Lyda Green, Vice-Chairman
Senator Mike Miller
Senator Al Adams
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 520(FIN)
"An Act relating to death investigations and inquests, coroners,
public administrators, and medical examiners, including the state
medical examiner; relating to the jurisdiction of district court
judges and magistrates in certain cases involving death."
HOUSE BILL NO. 333
"An Act relating to licensure requirements for employees of the
office of public advocacy and the Public Defender Agency."
SENATE BILL NO. 263
"An Act relating to copyright licensing and royalties; and
providing for an effective date."
PREVIOUS SENATE COMMITTEE ACTION
HB 520 - No previous Senate committee action.
HB 333 - No previous Senate committee action.
SB 263 - No previous Senate committee action.
WITNESS REGISTER
Art Snowden
Court Administrator
Alaska Court System
303 K Street
Anchorage, AK 99501-2084
POSITION STATEMENT: Supports HB 520
Elmer Lindstrom
Special Assistant
Dept. of Health and Social Services
P.O. Box 110601
Juneau, AK 99811-0601
POSITION STATEMENT: Supports HB 520
Dr. Michael Propst
Medical Examiner
Dept. of Health and Social Services
5700 E. Tudor Rd.
Anchorage, AK 99508
POSITION STATEMENT: Supports HB 520
Carol Wilson
CHARR
341 E. 56th Ave.
Anchorage, AK 99518
POSITION STATEMENT: Supports SB 263
Maurice McDonald
Anchorage, Alaska
POSITION STATEMENT: Supports SB 263
John Salemi
Public Defender Agency
Dept. of Administration
900 W. 5th Ave., Suite 200
Anchorage, AK 99501-2090
POSITION STATEMENT: Supports HB 333
ACTION NARRATIVE
TAPE 96-33, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:52 p.m. Present were Senators Adams and Miller. The
first order of business was HB 520.
HB 520 INQUESTS, CORONERS, POST MORTEMS, ETC.
ART SNOWDEN, Administrative Director of the Alaska Court System,
stated the House Finance Committee sponsored HB 520 at the Court
System's request. For many years, Alaska followed the minority
lead of having magistrates act as coroners but this system has
created many problems with other agencies involved in transport and
identification of bodies, such as the State Troopers. The majority
view in the United States has always been to have a medical
examiner system, which is an executive-branch based system to
ferret out crime. The bill would take the coroner function from
the Court System and place it in DHSS where the medical examiner is
now located. HB 520 bill is a law and order bill, allows
prosecutors and police to gain evidence, protects innocent
suspects, and has a zero fiscal note. HB 520 is supported by
police, prosecutors, the Court System and DHSS.
Number 073
CHAIRMAN TAYLOR asked what the new triggering mechanism will be
when a death occurs with no medical doctor in attendance, and the
death is reported to the local magistrate. MR. SNOWDEN replied a
number of things could occur. If contacted, the magistrate could
notify the medical examiner or a hospital could notify the medical
examiner directly. The major change in the bill is that the Court
System will give up its 4 1/2 coroner positions statewide and DHSS
will contract for medical investigators instead. Rural nurses,
public health nurses, and doctors will be performing this function
in the future which means many bodies will not be moved from rural
communities. If the Court System is contacted about a death, it
will notify the medical examiner's office.
CHAIRMAN TAYLOR asked if HB 520 passes and there is a contracted
person in the community, whether anyone becoming aware of a death
would notify that person. MR. SNOWDEN was not sure, but said if
the Court System was notified, it would notify the contracted
person. The Court System is concerned that magistrates do not have
forensic pathology experience, and it would like to prevent bodies
from having to be moved from the villages as they are today.
Number 110
ELMER LINDSTROM, Department of Health and Social Services,
responded to Chairman Taylor's question. Over the short term, the
current system will not change, but over the long term, it will
allow DHSS to put into place, through contract providers in local
communities, four death investigator positions attached to the
state medical examiner office. The death investigators will be
points of referral and will be involved in recruiting other
individuals in villages. He did not foresee confusion in the field
through the transition period and noted law enforcement officers
are well accustomed to working with the state medical examiner.
CHAIRMAN TAYLOR stated his primary concern is scene investigation.
He asked who would be training contract providers in rural areas to
ensure investigations are conducted properly and to protect
evidence that might be at the scene. MR. LINDSTROM replied the
state medical examiner and staff will be responsible for
recruitment and training. One continuing issue in this area is
cost control. Before the medical examiner position was created, if
a coroner requested an autopsy, DHSS had contract pathologists and
would simply pay the bill. With the medical examiner position,
DHSS has begun to get control of costs in this area. This is the
first year in the history of the program that DHSS has lived within
its budget. It is in the interest of the medical examiner's office
to recruit and adequately train people so that unnecessary
autopsies do not have to take place, because of the high associated
costs of an autopsy.
Number 190
CHAIRMAN TAYLOR repeated his concern about the training aspects of
the program and the need to ensure stability in the program. He
asked if HB 520 will change any of the existing state or federal
autopsy requirements such as the National Safety Transportation
Board's mandate to conduct autopsies in every airplane crash. MR.
LINDSTROM stated DHSS does not envision any change in that respect.
There have been a number of crashes in the last year and the
medical examiner's office was able to accommodate those.
Number 213
CHAIRMAN TAYLOR noted that as a judge he became aware of
questionable autopsy results and poor investigative methods used.
He strongly supported attempts at improvement in this area.
SENATOR ADAMS asked Mr. Lindstrom if DHSS is satisfied with the
fiscal note provided by the Court System that transfers the
positions to DHSS. MR. LINDSTROM replied DHSS is, and worked
jointly with the Court System on the fiscal note.
DR. MICHAEL PROPST, state medical examiner, stated his support of
HB 520.
SENATOR ADAMS moved, and asked unanimous consent, that HB 520 be
moved out of committee with individual recommendations. There
being no objection, the motion carried.
HB 333 BAR MEMBERSHIP:PUBLIC DEFENDER/ADVOCATE
REPRESENTATIVE SEAN PARNELL, sponsor of HB 333, stated the bill was
suggested to his office by John Salemi, the Public Defender. HB
333 allows the Public Defender Agency and Office of Public Advocacy
to employ a person for ten months who is waiting to pass the bar
exam. The privilege is currently accorded to the District
Attorney's Office, and according to Mr. Salemi, HB 333 will enable
him to hold costs down and help in recruiting public defenders.
Number 278
JOHN SALEMI, of the Public Defender Agency, stated HB 333 is a
housekeeping matter. The Department of Law already has, by
statute, the opportunity to hire recent law school graduates who
are not yet members of the Alaska Bar Association. The statute was
passed before either the Office of Public Advocacy or the Public
Defender Agency was in existence. Including those two offices in
statute will expand the pool of available applicants for public
defender and OPA staff attorney positions. That will enable both
offices to recruit qualified individuals especially for positions
in rural or Bush offices as it is difficult to find an adequate
number of applicants to consider for those positions. Expanding
the pool of applicants to include recent law school graduates will
help to keep costs down.
Number 325
SENATOR GREEN moved HB 333 from committee with individual
recommendations. There being no objection, the motion carried.
SB 263 COPYRIGHT ROYALTIES AND LICENSING
SHERMAN ERNOUF, Senate Labor and Commerce Committee aide, explained
SB 263 was introduced at the request of CHARR and has been a few
years in the making. Senate Judiciary Committee staff has worked
with CHARR to prepare the proposed committee substitute.
SENATOR MILLER moved adoption of CSSB 263(JUD). SENATOR ADAMS
objected to ask if the five proposed amendments were included in
the committee substitute. CHAIRMAN TAYLOR clarified the amendments
are not. SENATOR ADAMS removed his objection, therefore CSSB
263(JUD) was adopted.
Number 349
CAROL WILSON, Executive Director of the Anchorage Restaurant and
Beverage Association (ARBA) and the Cabaret, Hotel, Restaurant and
Retailers Association (CHARR), testified in support of CSSB 263.
Members of ARBA and CHARR are small business owners in the State of
Alaska, who are not trying to escape paying something they are
legally required to pay, but want identification of what they are
charged for. Performing rights societies ask those businesses to
pay for unidentified services. CSSB 263 provides all retailers,
not just restaurants and bars, with certain rights under contracts
entered into in this state. Although music licensing copyright law
is federal law, this bill accomplishes a lot to help businesses.
She read a letter of support from a business owner demonstrating
the frustration business owners are experiencing when dealing with
music licensing agencies. Thirteen other states have adopted
similar legislation, 11 states have legislation pending, and two
states have passed legislation and are awaiting governor's
signatures. CHARR has attempted to work with other interested
parties; one of the performing rights societies was represented in
discussions on the proposed committee substitute. CHARR has agreed
to support the proposed amendments.
MS. WILSON explained the amendments. The first amendment decreases
the length of time when notification is required from 7 days to 72
hours. The second amendment requires the performing rights
societies to make available their most recent list of the people
they represent and the list of the copyrighted musical works in
their repertoire. That file can be made available electronically
and would be made accessible through the CHARR office. Business
owners want to be able to work with only one of the societies to
save money. To remain legal, they need to know what songs are
copyrighted by a particular society so that they play only those
songs. Right now there is no way to get that information.
SENATOR MILLER asked how a business that is not a CHARR member
would access that information. MS. WILSON replied she has asked
that the information be made available on computer disk, and she
would be willing to make it available to other businesses.
SENATOR MILLER expressed concern that the legislation apply to
businesses statewide, and questioned how other businesses would
know to contact CHARR for that information. MS. WILSON stated she
would not be opposed to having the information available through a
state agency.
MS. WILSON explained the third amendment deletes a section that
pertains to notice after a violation. This deletion was requested
by the performing rights societies because they believe the section
would hamper their attempts to investigate. The fourth amendment
deals with people who are reproducing sound recordings without
consent, and specifies that it does not apply to investigations by
a law enforcement agency or other persons concerning a suspected
violation.
MS. WILSON noted the fifth amendment was added by Legal Services.
Originally a violation was called an unfair trade practice, but
because prohibited practices and a course of action are included in
the bill, the unfair trade practice violation was removed.
CHAIRMAN TAYLOR moved all five amendments as one amendment. There
being no objection, the motion carried.
MAURICE MCDONALD, a restaurant owner from Anchorage, stated he has
followed this issue in Washington, D.C. and has attended several
task force meetings on this issue. SB 263 is important to not only
the restaurant industry, but to all of the small shops where
background music is played. The businesses do not have a problem
paying the fee to play the music, but as electronics have become
more popular, BMI and AMCAP have found more ways to double and
triple charge for their music. There seems to be no way to slow
them down. Business owners are demanding they be provided with a
list of the products they are purchasing. When representatives of
the music copyright industry arrive at a restaurant they will have
to identify who they are and why they are there before looking
through a restaurant's music and video inventory. Business owners
are currently negotiating in Washington, D.C. to get a compromise
agreement with the performing rights societies. This bill will
help businesses to know who, what, and why they are paying the
charges. Currently, there is no consistency in charges, because
the performing rights societies arbitrarily make deals with
different businesses.
Number 504
SENATOR GREEN questioned whether the bill before the committee
adequately covers the concern of business owners that
representatives of the performing rights societies can just walk
into a business and demand to look at its inventory. MR. MCDONALD
believed it does because AMCAP and BMI would be on notice that when
doing business in Alaska, they will have certain responsibilities.
CHAIRMAN TAYLOR commented at one time crew members brought videos
on the ferry system to show to passengers, at no charge, but the
practice was disallowed because it was considered a commercial
service by the performing rights societies. He asked if that
situation is being remedied in this bill. MR. MCDONALD responded
that is under the jurisdiction of federal law and is considered
incidental use of music and video. Congress must address those
situations, but SB 263 will endorse the need for reform of the
federal legislation.
Number 513
SENATOR GREEN moved CSSB 263 as amended from committee with
individual recommendations. There being no objection, the motion
carried.
CHAIRMAN TAYLOR adjourned the meeting at 2:40 p.m.
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