Legislature(1999 - 2000)

03/18/1999 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            SENATE STATE AFFAIRS COMMITTEE                                                                                      
                    March 18, 1999                                                                                              
                      3:35 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 JOINT RESOLUTION NO. 14                                                                                                  
Proposing amendments to the Constitution of the State of Alaska                                                                 
relating to the election and the duties of the attorney general.                                                                
     -MOVED SJR 14 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE BILL NO. 8                                                                                                               
"An Act relating to the number of toilets in women's restrooms in                                                               
certain facilities."                                                                                                            
     -MOVED CSSB 8(STA) OUT OF COMMITTEE                                                                                        
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SJR 14 - No previous Senate action.                                                                                             
                                                                                                                                
SB 8 - See State Affairs minutes dated 3/9/99.                                                                                  
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Mark Hodgins, Legislative Aide                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Presented SJR 14                                                                                            
                                                                                                                                
Senator Dave Donley                                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Discussed changes in CSSB 8(STA)                                                                           
                                                                                                                                
Dwight Perkins, Special Assistant                                                                                               
Department of Labor                                                                                                             
PO Box 21149                                                                                                                    
Juneau, AK  99802-1149                                                                                                          
POSITION STATEMENT:  Answered questions and supports CSSB 8(STA)                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                                
TAPE 99-6, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN WARD called the Senate State Affairs Committee to order at                                                             
3:36 p.m.  All committee members were present.  The first order of                                                              
business to come before the committee was SJR 14.                                                                               
                                                                                                                                
              SJR 14-ELECTION OF ATTORNEY GENERAL                                                                               
                                                                                                                                
Mark Hodgins, legislative aide to Senator Ward, sponsor of SJR 14,                                                              
explained this measure asks voters to decide whether the attorney                                                               
general should be elected by the people or appointed by the                                                                     
Governor.  SJR 14 is similar to SB 69: SB 69 calls for an advisory                                                              
vote of the people; SJR 14 allows the voters to amend the Alaska                                                                
Constitution to require that the attorney general be elected.  Most                                                             
states elect their attorneys general.  In the six or seven states                                                               
that do not, some are appointed by the legislatures, some are                                                                   
appointed by the governors.                                                                                                     
                                                                                                                                
There being no further testimony or questions, SENATOR GREEN moved                                                              
SJR 14 from committee with individual recommendations.                                                                          
                                                                                                                                
SENATOR ELTON objected and said SJR 14 will create unnecessary                                                                  
friction with the Executive Branch.  If similar legislation were                                                                
applied to a Fortune 500 company, the CEO would be unable to hire                                                               
counsel to advise the CEO, corporate officers and board and                                                                     
instead, the shareholders would hire counsel.  He said he prefers                                                               
to have the person who is ultimately responsible be the Governor,                                                               
and that person should be answerable for his/her Cabinet                                                                        
appointees.  An elected attorney general will have a separate                                                                   
political agenda, and a portion of his/her duties will be                                                                       
determined based on the politics of election or re-election.                                                                    
                                                                                                                                
The motion to pass SJR 14 from committee carried with Senators                                                                  
Green, Phillips, Wilken and Chairman Ward voting "yea," and Senator                                                             
Elton voting "nay."                                                                                                             
                                                                                                                                
          SB   8-MINIMUM REQUIRED PLUMBING FACILITIES                                                                           
                                                                                                                                
SENATOR PHILLIPS moved to adopt CSSB 8(STA) in lieu of the original                                                             
bill.  There being no objection, the motion carried.                                                                            
                                                                                                                                
SENATOR DAVE DONLEY, sponsor of SB 8, discussed the changes made in                                                             
the committee substitute.  CSSB 8(STA) incorporates the most recent                                                             
standards for men's plumbing facilities in assembly places.  It                                                                 
reduces, from the original legislation, the number of toilets in                                                                
women's facilities.  The number of toilets was decreased from 8 to                                                              
4 for the 1-50 occupancy level; from 10 to 6 for the 51-100                                                                     
occupancy level; and from 12 to 10 for the 101-200 occupancy level.                                                             
CSSB 8(STA) also adopts a different system whereby two more toilets                                                             
are added for each additional 125 people up to 400.  That system is                                                             
consistent with the Uniform Building Code Table 4.1.                                                                            
                                                                                                                                
SENATOR GREEN asked whether it is consistent after the 400                                                                      
occupancy level.                                                                                                                
                                                                                                                                
SENATOR DONLEY explained it follows the same formula but instead of                                                             
requiring one toilet per each 125 people, it requires two.   The                                                                
bill then uses the formula for lavatories suggested by the                                                                      
Department of Labor (DOL) which requires one lavatory for each                                                                  
water closet up to four, and one for each two additional water                                                                  
closets beyond four.                                                                                                            
                                                                                                                                
SENATOR DONLEY referred to a previous question from committee                                                                   
members about the effect of the bill on remodel projects, and said                                                              
if a building is being remodeled but the remodel will not expand                                                                
the capacity of the building, the bill will not apply.  If the                                                                  
building is being expanded to increase the occupancy, the bill will                                                             
apply.                                                                                                                          
                                                                                                                                
CHAIRMAN WARD asked if CSSB 8(STA) only applies to new construction                                                             
or remodels which increase the occupancy level.  SENATOR DONLEY                                                                 
said that is correct.                                                                                                           
                                                                                                                                
SENATOR WILKEN asked if that is how existing code is applied.                                                                   
SENATOR DONLEY answered it is.                                                                                                  
                                                                                                                                
Number 145                                                                                                                      
                                                                                                                                
DWIGHT PERKINS, Special Assistant to DOL, clarified that CSSB
8(STA) will "grandfather," under existing code, remodel projects                                                                
that do not increase a building's occupancy capacity.                                                                           
                                                                                                                                
SENATOR WILKEN moved CSSB 8(STA) from committee with individual                                                                 
recommendations.  There being no objection, the motion carried.                                                                 
There being no further business to come before the committee,                                                                   
CHAIRMAN WARD adjourned the meeting at 3:45 p.m.                                                                                

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