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.