Legislature(1999 - 2000)
03/09/1999 03:31 PM Senate STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
March 9, 1999
3:31 p.m.
MEMBERS PRESENT
Senator Jerry Ward, Chairman
Senator Lyda Green
Senator Gary Wilken
Senator Randy Phillips
Senator Kim Elton
MEMBERS ABSENT
None
COMMITTEE CALENDAR
SENATE BILL NO. 8
"An Act relating to the number of toilets in women's restrooms in
certain facilities."
-HEARD AND HELD
SENATE BILL NO. 46
"An Act naming the Alex Miller Building."
-MOVED CSSB 46(STA) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 8
Relating to the 2000 decennial United States census and to the
development of redistricting data for use by the state in
legislative redistricting.
-MOVED SJR 8 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 10
Proposing amendments to the Constitution of the State of Alaska
requiring that the provisions of a bill that levy new state taxes
or increase the rate of a state tax require the affirmative vote of
at least two-thirds of the membership of each house of the
legislature.
-MOVED SJR 10 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 8 - No previous Senate action.
SB 46 - No previous Senate action.
SJR 8 - No previous Senate action.
SJR 10 - No previous Senate action.
WITNESS REGISTER
Mark Hodgins, Legislative Aide
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented CSSB 46(STA), SJR 8 and SJR 10
Chris Miller
Research and Analysis Section
Department of Labor
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Commented on SJR 8
Senator Dave Donley
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SB 8
Dwight Perkins, Special Assistant
Department of Labor
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Commented on SB 8
ACTION NARRATIVE
TAPE 99-4, SIDE A
Number 001
CHAIRMAN WARD called the Senate State Affairs Committee to order at
3:31 p.m. Present were Senators Phillips, Elton, and Ward, Chair.
Senator Wilken arrived shortly afterward. CHAIRMAN WARD announced
the first order of business to come before the committee was SB 46.
SB 46-NAMING THE CAPITAL SCHOOL BLDG.
CHAIRMAN WARD, sponsor of SB 46, stated the committee substitute
changes the name of the Capitol School Building to the Terry Miller
Building. Terry Miller was a former Lieutenant Governor, former
Senate President, and former Representative in the House.
SENATOR PHILLIPS moved CSSB 46(STA) out of committee to the next
committee of referral.
SENATOR ELTON objected to say that his first political job was with
former Lt. Governor Terry Miller. He applauded Chairman Ward for
introducing the legislation and removed his objection.
CHAIRMAN WARD stated the change made in the committee substitute
was done in conjunction with Alex Miller's family. He announced
with no further objection, CSSB 46(STA) moved from committee.
SJR 8-FAIR AND ACCURATE CENSUS
MARK HODGINS, legislative aide to Chairman Ward, sponsor of SJR 8,
explained the measure as follows. SJR 8 urges Congress and the
Bureau of the Census to conduct the year 2000 census consistent
with the ruling in the Department of Commerce v. United States
House, and with the Constitution of the United States. The Bureau
of the Census plans on using random sampling techniques or other
statistical methods instead of an actual physical headcount of the
population. A random sampling technique will dilute and violate
the one person/one vote legal protection, and could expose the
State to protracted and costly litigation, resulting in a court
ruling invalidating the redistricting plan.
SENATOR PHILLIPS asked if a random sampling technique has been used
in any previous census. MR. HODGINS said it has. He explained the
case he previously referred to, Department of Commerce v. United
States House, was about the use of a random sampling technique.
SENATOR PHILLIPS asked when that occurred. MR. HODGINS was unsure
but stated in that case, the court determined the random sampling
technique used was acceptable, however the current concern is that
a random sampling technique could prompt the Legislature to
artificially change district boundaries based on statistics, rather
than a headcount, during the reapportionment process. He stated
ten moose could be spotted in one square mile in Alaska, however
one cannot assume that number is representative of thousands of
square miles.
SENATOR WILKEN asked if Alaska's congressional delegation favors
this legislation. MR. HODGINS said it does.
CHAIRMAN WARD stated this issue is not partisan, and that most
people do not favor the random sampling technique.
CHRIS MILLER, Research and Analysis Section of the Department of
Labor (DOL), stated DOL has taken no position on SJR 8, but he
asked the committee to consider the following information. A
pending legal decision may make this issue moot. A group out of
Alabama is likely to sue the Census Bureau to force it to do the
same thing for state census information as it does for the
national census. DOL, as the census liaison, does not know the
details of the statistical sampling process the Census Bureau plans
to use for the year 2000.
Number 149
CHAIRMAN WARD asked Mr. Miller if he was suggesting the Legislature
introduce an accompanying bill containing precise language as to
how a census count should be conducted. MR. MILLER replied he
would prefer to wait to see what the Census Bureau proposes. The
1990 census process began with a statistical quality control check
conducted on a regional level across the country. The regional
statistics were then applied to each state. DOL does not believe
that method improved the numbers for Alaska.
CHAIRMAN WARD asked if DOL has been notified by the Census Bureau
that Alaska is being used as a test site, in which an ongoing
population count would occur.
MR. MILLER stated at one point, Anchorage was going to be a test
site, but that is no longer the case. He explained the Census
Bureau is developing a new process in which it will collect data
over an eight-year period. By the eighth year, the statistics will
be abundant enough to provide detailed data on small geographic
areas. That process might be used in the 2010 census, but a lot of
testing still needs to be done.
CHAIRMAN WARD asked if the entire State of Alaska has been chosen
as a test site for that ongoing procedure. MR. MILLER replied the
program will be applied nationwide, and it is not a test per se.
The program will occur simultaneously with the 2000 census, and the
sample will be used as a base for comparison.
Number 206
SENATOR ELTON asked if out-of-state military members are counted
using a statistical sampling method. MR. MILLER replied the Census
Bureau contracted to do a head count of out-of-state military
members.
SENATOR ELTON asked if enumerators from other states would go to
bases overseas and in the lower 48. MR. MILLER said that was his
understanding, however he would verify that information.
SENATOR ELTON asked about DOL's experience with census population
counts in areas of the state in which the population is very
mobile, and whether that experience has led DOL to believe that
statistical sampling can provide an accurate count.
Number 229
MR. MILLER said DOL is working closely with the Census Bureau to
ensure the Census Bureau has good information about where housing
units are located. The census in Alaska will be done in two ways.
In urban areas, surveys will be mailed to residents and census
workers will go door-to-door. In rural Alaska, the Bureau will
contract with local people to go door-to-door to collect the
information. Because "break-up" occurs when the census will be
taken, the door-to-door method will be used to count residents of
rural areas of Alaska, and will take longer. DOL is fairly
confident that the Census Bureau is "counting noses" in an
efficient manner. Post-enumeration surveys are conducted after the
census is complete. A 1995 post-enumeration survey was a secondary
survey used for statistical purposes. It was also used as a
quality control check on the 1990 census.
There being no further discussion, SENATOR PHILLIPS moved SJR 8 out
of committee with individual recommendations. SENATOR ELTON
objected. The motion carried with Senators Phillips, Green,
Wilken, and Ward voting "yea," and Senator Elton voting "nay."
SB 8-MINIMUM REQUIRED PLUMBING FACILITIES
SENATOR DAVE DONLEY, sponsor of SB 8, explained the bill will adopt
a formula for plumbing in women's facilities in Alaska, similar to
the national standard. SB 8 will apply to buildings in which
groups of people are assembled, such as concert halls, constructed
after January 1, 2000. Alaska adopted the Uniform Building Code,
with the exception of Table 4.1 which listed and increased the
required number of water closets and lavatories in buildings.
Alaska did not adopt Table 4.1 because its structure is confusing;
instead it opted to continue using Table A-29-A, its predecessor.
SB 8 modifies the A-29-A table to increase the number of required
water closets equivalent to Table 4.1. He proposed changes to SB
8 to lower the number of water closets required for the 1-50 person
occupancy level to four, for the 51-100 person occupancy level to
eight, to incorporate a reference to lavatories, and to insert the
language that currently appears in the A-29-A table.
Number 343
CHAIRMAN WARD asked why Senator Donley is requesting the proposed
changes. SENATOR DONLEY replied DOL inspectors prefer the system
used in the A-29-A table. The reference to lavatories would
require the number of lavatories to be increased when the number of
water closets is increased.
SENATOR DONLEY reviewed a proposed committee substitute distributed
to committee members.
CHAIRMAN WARD asked if Senator Donley's recommendations differ from
the Uniform Building Code. SENATOR DONLEY said his numbers create
a different result.
CHAIRMAN WARD asked why Senator Donley chose his system. SENATOR
DONLEY repeated the new Uniform Building Code increases the number
of facilities. Those appying the new standard felt it was
difficult to administer and prefer to use the former table. SB 8
provides the simplicity of the former table while increasing the
number to at least those required by the new table.
CHAIRMAN WARD asked whether the new requirements will apply to the
Jehovah's Witness Assembly Hall building. SENATOR DONLEY said he
believes the Uniform Building Code applies to all buildings, so it
would apply to churches also. He added SB 8 only applies to new
construction.
CHAIRMAN WARD asked if SB 8 will apply to remodel projects. DWIGHT
PERKINS, Department of Labor (DOL), believed remodel projects that
begin after January 1, 2000 will have to comply with SB 8.
SENATOR DONLEY discussed changes he made in a sponsor substitute,
which he did not introduce. On page 2, the phrase "and lavatories"
was inserted after "water closets." On line 7, the number "8" was
replaced with "4." On line 8, the number "10" was replaced with
the number "8." On line 12, after the phrase "400 females," the
following phrase was inserted, "and that there shall be one
lavatory for each water closet up to four; and one for each two
additional water closets." He explained that language will apply
to assembly places as well as Group A in Table A-29-A. He
recommended the committee adopt those changes in a committee
substitute.
Number 419
SENATOR WILKEN referred to the table provided by Senator Donley,
and asked if it will now read "4,8,12,14,16,18,20,22." SENATOR
DONLEY said it will.
SENATOR WILKEN asked if AS 18.60.705 applies to architects.
SENATOR DONLEY said it does.
SENATOR WILKEN asked, because SB 8 will impose costs, where the
numbers came from. SENATOR DONLEY said he made a policy call on
the numbers. He suggested the committee modify the numbers to be
closer to Table 4.1. He stated the numbers he used are slightly
higher than those in Table 4.1.
Number 440
SENATOR WILKEN noted requiring the Jehovah's Witness Hall to add
six water closets as part of a remodel could stop the project,
because of the cost. He suggested adding language to the bill to
exempt remodel projects that are unable to go forward because of
the additional costs imposed by SB 8. SENATOR DONLEY indicated all
remodel projects could be exempted. He added Table A-29-A has a
separate requirement for places of worship, so it would not apply
to the Jehovah's Witness Hall.
CHAIRMAN WARD asked if the Viking Hall would be exempt. SENATOR
DONLEY said no, because it is considered an assembly place.
SENATOR WILKEN asked that the committee revisit the remodel issue
and make adjustments to the number of toilets required in Table A-
29-A.
SENATOR GREEN asked if contractors are prevented, in any way, from
installing extra water closets at this time. SENATOR DONLEY did
not think so. SENATOR GREEN asked when the Uniform Building Code
will be readdressed. SENATOR DONLEY replied the Uniform Building
Code is updated and adopted every three years.
SENATOR GREEN asked if architects, when designing new buildings,
are more likely to include a higher number of water closets, rather
than the minimum required now, knowing that remodeling later on to
meet updated codes will be more expensive. SENATOR DONLEY thought
it would depend on the fiscal constraints of the project.
SENATOR GREEN asked if the entire Uniform Building Code is adopted
into state statute. SENATOR DONLEY said some of it is adopted by
incorporation in state statute. AS 18.60.690 contains the present
Uniform Building Code with the exclusion of Table 4.1.
CHAIRMAN WARD asked why Table 4.1 was not incorporated into
statute. SENATOR DONLEY repeated Table 4.1 was confusing in the
way it was structured and more difficult to administer than the
existing Table A-29-A.
Number 488
SENATOR GREEN asked if Senator Donley spoke with whoever made the
decision to exclude Table 4.1 SENATOR DONLEY said he did not, but
he spoke with DOL staff.
DWIGHT PERKINS clarified DOL felt the user groups of the Uniform
Building Code would have a difficult time interpreting Table 4.1,
therefore DOL requested that previous legislation be amended to
allow the continued use of Table A-29-A.
SENATOR GREEN questioned if Table 4.1 contains other requirements
not included in Table A-29-A. MR. PERKINS replied Table A-29-A
refers to water closets and lavatories only; Table 4.1 also refers
to fixtures and urinals.
There being no further discussion, CHAIRMAN WARD asked Senator
Donley to work with staff and Senators Wilken and Green to prepare
a committee substitute.
SJR 10-CONST AM: SUPERMAJORITY FOR TAX LEVIES
MARK HODGINS presented SJR 10 for its sponsor, Chairman Ward. SJR
10 creates a constitutional amendment that requires a two-thirds
majority vote of both the House and Senate to levy any new state
taxes or increase the rate of any present state tax. If passed,
the constitutional amendment will be placed before the voters at
the next general election. Fourteen other states have passed
similar legislation to enact or increase various state taxes. SJR
10 allows the citizens of Alaska to vote on taxation.
CHAIRMAN WARD asked if "taxes" are defined in statute. MR. HODGINS
did not have an exact definition.
CHAIRMAN WARD noted he has requested a legal definition of "taxes"
because it is not his intent to include fees.
Number 531
SENATOR ELTON expressed concern about the Alaska Seafood Marketing
Institute's (ASMI) processor assessment. He explained that
assessment is levied by processors by a vote of 50 percent plus
one. The assessment currently equals a fee of three percent of the
value of the product. That money is deposited in the General Fund
and appropriated for domestic marketing programs. He asked whether
SJR 10 will limit the processors' ability to raise the fee.
CHAIRMAN WARD said he has the same concern and has asked the same
question. He clarified if the assessment is called a "fee," it is
not considered a tax.
SENATOR ELTON questioned whether an assessment would be considered
a fee. CHAIRMAN WARD said all fees and other revenue-generating
mechanisms that are not called a "tax" are not subject to the two-
thirds majority vote.
SENATOR GREEN asked if the ASMI assessment must be approved by the
Legislature. SENATOR ELTON replied that statutory authority is
granted by the Legislature which allows processors to self-assess.
Number 558
SENATOR GREEN asked if the assessment can be increased without
legislative approval. SENATOR ELTON replied the processors can
increase or decrease the assessment amount under the statutory
structure.
SENATOR PHILLIPS noted the Legislature must approve General Funds
for reappropriation for domestic marketing efforts. SENATOR ELTON
said that is true, and the Legislature has always acted in good
faith and reappropriated those funds.
MR. HODGINS reviewed the tax levy requirements of the other 14
states. Delaware, Florida, Mississippi, and Oregon require a 3/5
vote of their legislatures to enact taxes; Florida also requires
a 2/3 vote of the public to enact new taxes. Arizona, California,
Louisiana, Nevada, South Dakota, and Washington require a 2/3 vote
of their legislatures to enact taxes. Missouri requires a 2/3 vote
of the public to enact or increase taxes. Arkansas, Colorado, and
Oklahoma require a 3/4 vote of their legislatures to enact taxes.
The vote requirement does not apply to all taxes: some apply to
either income, sales, or property taxes.
SENATOR WILKEN questioned whether any of those states have
dedicated funds that the voting requirements do not apply to. MR.
HODGINS assumed they do. SENATOR WILKEN noted the people may not
have a say in how certain expenditures are made because their
states have dedicated funds.
TAPE 99-4, SIDE B
SENATOR GREEN moved SJR 10 from committee with individual
recommendations. SENATOR ELTON objected and commented he does not
know how he would have voted in the early 1990's on the
Constitutional Budget Reserve (CBR). He believes SJR 10 is the
flip side of that issue. He could argue that the supermajority
vote required to use CBR funds limits the Legislature's ability to
accomplish the legislative agenda. He sees SJR 10 as creating an
additional limit.
The motion to pass SJR 10 from committee carried with Senators
Phillips, Green, Wilken, and Ward voting "yea," and Senator Elton
voting "nay."
CHAIRMAN WARD announced the committee would not be taking up SJR 14
at this time. He adjourned the meeting at 4:20 p.m.
| Document Name | Date/Time | Subjects |
|---|