Legislature(2009 - 2010)

03/23/2010 02:05 PM Senate L&C


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* first hearing in first committee of referral
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              SB 129-RESIDENTIAL SPRINKLER SYSTEMS                                                                          
                                                                                                                                
2:05:36 PM                                                                                                                    
CHAIR JOE  PASKVAN announced  SB 129 to  be up  for consideration                                                               
[CSSB 129(L&C) version M was  before the committee]. He said they                                                               
had extensive  testimony at the last  meeting and he had  set the                                                               
bill aside.  The Alaska Fire  Chief's Association had  offered to                                                               
prepare  and   provide  to  the  Labor   and  Commerce  Committee                                                               
additional   information  that   dealt   with   this  topic,   in                                                               
particular, the  Municipal Code adoption  process that  was being                                                               
followed. He  had received that  document and shared it  with his                                                               
committee  members. In  a letter  accompanying that  document the                                                               
president  of the  Fire Chiefs  stated: "Our  testimony has  been                                                               
that  municipalities  far  exceed  the minimum  standards  of  AS                                                               
29.25.020."  The spread  sheet that  was provided  supported that                                                               
assertion.  Chief  Tucker's  conclusion was  that  the  committee                                                               
substitute (CS) for SB 129 is not necessary.                                                                                    
                                                                                                                                
On the  other hand  Chair Paskvan said  that the  bill's sponsor,                                                               
Senator  Menard,  contends that  the  minimum  standards for  the                                                               
public process  should be  extended for reasons  that are  in the                                                               
sponsor statement.                                                                                                              
                                                                                                                                
2:06:04 PM                                                                                                                    
SENATOR JOE THOMAS joined the committee.                                                                                        
                                                                                                                                
SENATOR  CON BUNDE  moved adoption  of Amendment  1, labeled  26-                                                               
LS0679\M.2.                                                                                                                     
                                                 26-LS0679\M.2                                                                  
                                                        Cook                                                                    
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE       BY SENATOR BUNDE                                                                               
     TO:  CSSB 129(   ), Draft Version "M"                                                                                      
                                                                                                                                
     Page 2, lines 19 - 22:                                                                                                     
          Delete all material.                                                                                                  
          Insert "ordinance amendment to be held within a                                                                       
     period of not less than 60 days and not more than 180                                                                      
     days."                                                                                                                     
                                                                                                                                
SENATOR MEYER objected for purposes of discussion.                                                                              
                                                                                                                                
SENATOR BUNDE explained  that in discussion with  the sponsor and                                                               
in order to reach both sides'  goals more readily they decided to                                                               
change the  60-day period to  a 60-day  period but no  longer 180                                                               
days. Free disclosure would happen at a local hearing.                                                                          
                                                                                                                                
SENATOR MEYER removed his objection and Amendment 1 was adopted.                                                                
                                                                                                                                
SENATOR  BUNDE  moved  adoption   of  Amendment  2,  labeled  26-                                                               
LS0679\M.1.                                                                                                                     
                                                 26-LS0679\M.1                                                                  
                                                        Cook                                                                    
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 129(   ), Draft Version "M"                                                                                      
                                                                                                                                
     Page 2, lines 4 - 8:                                                                                                       
          Delete all material.                                                                                                  
          Insert "other requirements relating to the                                                                            
      adoption of an ordinance, the governing body of the                                                                       
     municipality shall"                                                                                                        
                                                                                                                                
     Page 2, line 9:                                                                                                            
          Delete "(2)"                                                                                                          
          Insert "(1)"                                                                                                          
                                                                                                                                
     Page 2, lines 12 - 13:                                                                                                     
          Delete "and the cost-benefit analysis"                                                                                
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
SENATOR MEYER objected for discussion purposes.                                                                                 
                                                                                                                                
SENATOR  BUNDE explained  that that  this amendment  removes what                                                               
could be  conceived by  some as an  unfunded mandate  by deleting                                                               
the cost  benefit analysis language.  His assumption is  that the                                                               
cost benefits  of requiring fire sprinklers  in residential homes                                                               
would be  adequately addressed  in having  two hearings  during a                                                               
six-month period.                                                                                                               
                                                                                                                                
SENATOR MEYER  removed his  objection. Without  further objection                                                               
Amendment 2 was adopted.                                                                                                        
                                                                                                                                
2:13:30 PM                                                                                                                    
SENATOR LINDA MENARD, sponsor of  SB 129, said she supported both                                                               
amendments. The  Home Builders and  realtors are okay  with them,                                                               
too.  The  Alaska Municipal  League  has  stated they  will  stop                                                               
opposing  the  bill  with  the  amendments  and  take  a  neutral                                                               
position. The 180-day cap was suggested by the Firefighters.                                                                    
                                                                                                                                
2:15:15 PM                                                                                                                    
SENATOR  MEYER moved  to  report CSSB  129(L&C)  as amended  from                                                               
committee  with  individual  recommendations  and  attached  zero                                                               
fiscal note(s). There were no objections and it was so ordered.                                                                 
                                                                                                                                
2:15:49 PM                                                                                                                    
CHAIR PASKVAN announced an at ease for signing.                                                                                 
                                                                                                                                
2:18:10 PM                                                                                                                    

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