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.