Legislature(1993 - 1994)

04/01/1993 01:00 PM CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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              HOUSE COMMUNITY AND REGIONAL AFFAIRS                             
                       STANDING COMMITTEE                                      
                          April 1, 1993                                        
                            1:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Harley Olberg, Chairman                                       
  Representative Jerry Sanders, Vice-Chairman                                  
  Representative Con Bunde                                                     
  Representative John Davies                                                   
  Representative Cynthia Toohey                                                
  Representative Ed Willis                                                     
  Representative Bill Williams                                                 
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  none                                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  *HB 209:  "An Act relating to community health aide grants."                 
                                                                               
            NOT HEARD                                                          
                                                                               
  HB 211:   "An Act relating to the municipal tax exemption                    
            for inventories intended for export."                              
                                                                               
            PASSED FROM COMMITTEE WITH A DO PASS                               
            RECOMMENDATION                                                     
                                                                               
  *HB 242:  "An Act relating to dangerous dogs and to                          
            municipal classifications and limitations based on                 
            the breed of a dog."                                               
                                                                               
            PASSED FROM COMMITTEE WITH INDIVIDUAL                              
            RECOMMENDATIONS                                                    
                                                                               
  HB 70:    "An Act relating to state impact aid for                           
            municipalities; and providing for an effective                     
            date."                                                             
                                                                               
            NOT HEARD                                                          
                                                                               
  (* first public hearing)                                                     
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Representative Con Bunde                                                     
  State Capitol, Room 112                                                      
  Juneau, Alaska  99801-1182                                                   
  Phone:  465-4843                                                             
  POSITION STATEMENT: Prime Sponsor of HB 242                                  
                                                                               
  Jon Basler, Veterinarian                                                     
  South Central Veterinary Medical Association                                 
  3211 Shuttle Circle                                                          
  Anchorage, AK  99517                                                         
  Phone: 274-5623                                                              
  POSITION STATEMENT: Supported HB 242                                         
                                                                               
  Bonnie Stratton                                                              
  Alaska Dog Coalition                                                         
  531 Bounty Drive                                                             
  Anchorage, AK  99515                                                         
  Phone: 276-1592                                                              
  POSITION STATEMENT: Supported HB 242                                         
                                                                               
  Debi Richmond                                                                
  Alaska Dog Coalition                                                         
  P.O. Box 211416                                                              
  Anchorage, AK  99521                                                         
  Phone: 786-1669                                                              
  POSITION STATEMENT: Supported HB 242                                         
                                                                               
  Leslie Batchelder, President                                                 
  Kenai Kennel Club                                                            
  P.O. Box 116                                                                 
  Kasilof, AK  99610                                                           
  Phone: 262-6405                                                              
  POSITION STATEMENT: Supported HB 242                                         
                                                                               
  Laura Love, Certified Master Dog Trainer                                     
  HCO1 Box 735                                                                 
  Kenai, AK  99611                                                             
  Phone: 776-8565                                                              
  POSITION STATEMENT: Supported HB 242                                         
                                                                               
  Susan Kohli Petersen, Chairperson                                            
  Alaska Dog Coalition                                                         
  2716 E. 46th Avenue                                                          
  Anchorage, Ak  99507                                                         
  Phone: 562-6399                                                              
  POSITION STATEMENT: Supported HB 242                                         
                                                                               
  Gaile Haynes                                                                 
  Capital Kennel Club                                                          
  3041 Glacierwood Drive                                                       
  Juneau, AK  99801                                                            
  Phone: 465-5950                                                              
  POSITION STATEMENT: Supported HB 242                                         
                                                                               
  Scott Hawkins, President                                                     
  Anchorage Economic Development Corporation                                   
  550 West 7th Ave., Suite 1130                                                
  Anchorage, AK  99501                                                         
  Phone: 258-3700                                                              
  POSITION STATEMENT: Supported HB 211                                         
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 209                                                                
  SHORT TITLE:  COMMUNITY HEALTH AIDE GRANTS                                   
  BILL VERSION:                                                                
  SPONSOR(S):   HEALTH, EDUCATION AND SOCIAL SERVICES                          
  TITLE: "An Act relating to community health aide grants."                    
  JRN-DATE     JRN-PG               ACTION                                     
  03/10/93       590    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/10/93       590    (H)   CRA, STATE AFFAIRS, HES,                         
                              FINANCE                                          
  04/01/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
                                                                               
                                                                               
  BILL:  HB 211                                                                
  SHORT TITLE:  MUNICIPAL INVENTORY TAX EXEMPTION:EXPORTS                      
  BILL VERSION:                                                                
  SPONSOR(S):   REPRESENTATIVE(S) TOOHEY,Brown                                 
  TITLE: "An Act relating to the municipal tax exemption for                   
  inventories intended for export."                                            
  JRN-DATE     JRN-PG               ACTION                                     
  03/10/93       590    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/10/93       590    (H)   CRA, JUDICIARY                                   
  03/12/93       629    (H)   COSPONSOR(S): BROWN                              
  03/25/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
  04/01/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
                                                                               
                                                                               
  BILL:  HB 242                                                                
  SHORT TITLE:  VICIOUS DOGS: NO CLASSIFICATIONS BY BREED                      
  BILL VERSION:                                                                
  SPONSOR(S):   REPRESENTATIVE(S) BUNDE                                        
  TITLE: "An Act relating to dangerous dogs and to municipal                   
  classifications and limitations based on the breed of a                      
  dog."                                                                        
  JRN-DATE     JRN-PG               ACTION                                     
  03/19/93       709    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/19/93       709    (H)   CRA, JUDICIARY                                   
  04/01/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
                                                                               
                                                                               
  BILL:  HB 70                                                                 
  SHORT TITLE:  STATE IMPACT AID FOR MUNICIPALITIES                            
  BILL VERSION:                                                                
  SPONSOR(S):   REPRESENTATIVE(S) MACLEAN                                      
  TITLE: "An Act relating to state impact aid for                              
  municipalities; and providing for an effective date."                        
  JRN-DATE     JRN-PG               ACTION                                     
  01/18/93       101    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/18/93       101    (H)   CRA, JUDICIARY, FINANCE                          
  03/25/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
  04/01/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-20, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN HARLEY OLBERG called the meeting to order at 2:43                   
  p.m.  He noted Representatives Toohey, Willis, Davies, Bunde                 
  and Sanders were present.  Representative Williams arrived                   
  at 2:46 p.m.                                                                 
                                                                               
  HB 242:  VICIOUS DOGS: NO CLASSIFICATIONS BY BREED                           
                                                                               
  Number 020                                                                   
                                                                               
  REPRESENTATIVE CON BUNDE, PRIME SPONSOR OF HB 242, testified                 
  by reading his sponsor statement into the record.  (Copies                   
  of this sponsor statement may be found in the House                          
  Community and Regional Affairs Committee Room, Capitol Room                  
  110, and after the adjournment of the second session of the                  
  18th Alaska State Legislature, in the Legislative Reference                  
  Library.)                                                                    
                                                                               
  Number 048                                                                   
                                                                               
  DR. JON BASLER, VETERINARIAN, SOUTH CENTRAL VETERINARY                       
  MEDICAL ASSOCIATION, testified in support of HB 242.  (A                     
  copy of this testimony may be found in the House Community                   
  and Regional Affairs Committee Room, Capitol Room 110, and                   
  after the adjournment of the second session of the 18th                      
  Alaska State Legislature, in the Legislative Reference                       
  Library.)                                                                    
                                                                               
  BONNIE STRATTON, ALASKA DOG COALITION, testified via                         
  teleconference in support of HB 242 saying, "Alaskans have                   
  long embraced the rights of individuals.  We believe HB 242                  
  will promote nondiscriminatory laws that protect the rights                  
  of individual responsible dog owners while punishing                         
  irresponsible owners of vicious dogs.  House Bill 242 will                   
  ensure Alaskan communities will have laws that focus on                      
  controlling all vicious dogs, rather than overly-narrow                      
  ordinances that would only deal with a specific breed.  When                 
  HB 242 becomes a statute, it will not conflict with any                      
  currently existing laws in Alaska."                                          
                                                                               
  MS. STRATTON continued, "Non-breed specific laws better                      
  serve the public because they control all dangerous dogs,                    
  not just those of a specific type.  Breed specific laws have                 
  been found to be unconstitutionally vague in other states.                   
  They have also been an indication for court challenges and                   
  expensive litigation..."                                                     
                                                                               
  DEBI RICHMOND, ALASKA DOG COALITION, testified via                           
  teleconference in support of HB 242.  She said, "Identifying                 
  dogs that have been deemed dangerous is very important for                   
  children in all neighborhoods and the public in general.                     
  Children at play go over fences, into yards, up to strange                   
  dogs without thinking.  Having a visual alert in the form of                 
  a collar and signs on houses or fences may trigger a child                   
  to stop and avoid becoming a victim..."                                      
                                                                               
  Number 184                                                                   
                                                                               
  LESLIE BATCHELDER, PRESIDENT, KENAI KENNEL CLUB, testified                   
  similarly via teleconference in support of HB 242.                           
                                                                               
  LAURA LOVE, CERTIFIED MASTER DOG TRAINER, testified from                     
  Kenai in support of HB 242 saying, "We really like the idea                  
  of having warning signs and collars which identify a                         
  dangerous dog..."                                                            
                                                                               
  Number 219                                                                   
                                                                               
  SUSAN KOHLI PETERSEN, CHAIRPERSON, ALASKA DOG COALITION,                     
  testified in favor of HB 242.  She said, "This bill is not                   
  breed specific.  It allows the identification of dog                         
  behavior problems, eliminates breed identification problems,                 
  encourages owner responsibility and will not conflict with                   
  any existing laws in any of Alaska's communities.  We                        
  believe that any legislation dealing with dog behavior                       
  problems should be based on that dog's behavior, not based                   
  on the breed of the dog.  A breed specific law will not                      
  cover all instances of dangerous or vicious dogs, as this                    
  bill does."                                                                  
                                                                               
  MS. PETERSEN continued, "Laws and regulations which attempt                  
  to solve dog behavior problems based solely on branding a                    
  specific breed as vicious, have earned the police and animal                 
  control officers a difficult task of attempting to identify                  
  these breeds.  Many dogs are impossible to identify with any                 
  degree of accuracy..."                                                       
                                                                               
  GAILE HAYNES, CAPITAL KENNEL CLUB, testified in support of                   
  HB 242 saying, "It (HB 242) gives full power to communities                  
  to protect themselves against individual dangerous dogs and                  
  their irresponsible owners without limiting the rights of                    
  proper and responsible owners to keep animals without                        
  unnecessary legislative interference..."                                     
                                                                               
  REPRESENTATIVE BUNDE pointed out, "I have had more support                   
  on this bill than any issue that's come before me this                       
  session."  He then demonstrated the "dangerous and vicious                   
  dog" collar and signage pertaining to HB 242.                                
                                                                               
  REPRESENTATIVE ED WILLIS asked, "How does this affect the                    
  Anchorage muni (municipality)?                                               
                                                                               
  DR. BASLER said, "To my knowledge, at this point, it (HB
  242) would not have any impact on the Municipality of                        
  Anchorage...  The mayor's advisory commission on animal                      
  control, I believe, has written a letter in support of this                  
  bill."                                                                       
                                                                               
  REPRESENTATIVE WILLIS asked, "Representative Bunde, have you                 
  had any reaction from the mayor on this specific legislation                 
  (HB 242) or the assembly?"                                                   
                                                                               
  Number 336                                                                   
                                                                               
  REPRESENTATIVE BUNDE said, "No, I have not, only through                     
  their counsel and advisors on dog (issues).  I have a copy                   
  of the current Anchorage Dangerous and Vicious Dog Ordinance                 
  and it's not breed specific..."                                              
                                                                               
  REPRESENTATIVE WILLIS said, "To your knowledge then, this                    
  would not in any way impede whatever ordinances they might                   
  want to consider."                                                           
                                                                               
  Number 347                                                                   
                                                                               
  REPRESENTATIVE BUNDE said, "They couldn't, under this                        
  statute, then institute breed specific.  It would have to be                 
  similar to what Anchorage has done in that they are simply                   
  dangerous or vicious dogs and you wouldn't (need to)                         
  identify (the breed of dog)..."                                              
                                                                               
  DR. BASLER added, "I would note there are nine states around                 
  the country which currently have prohibitions very similar                   
  to this already on the books...  A second thing is, the                      
  National Animal Control Association, which is the trade                      
  group representing people in animal control, is on record as                 
  favoring nonbreed specific and opposing any breed                            
  specific..."                                                                 
                                                                               
  Number 375                                                                   
                                                                               
  REPRESENTATIVE JOHN DAVIES said, "I appreciate the thrust of                 
  this bill (HB 242)...however, the concern...that was                         
  expressed on the other side of the issue is that there were                  
  certain breeds...where the dog may have the characteristic                   
  of having a particularly harmful bite.  There are dog bites                  
  and then there are dog bites.  Some dogs...are reputed to,                   
  when they bite, do a lot more damage than other dogs."                       
                                                                               
  Number 390                                                                   
                                                                               
  DR. BASLER said, "I certainly have read the jaw per square                   
  inch pressure pit bull studies and things along those lines.                 
  I guess my own personal feeling as a veterinarian is that,                   
  basically, it relates to the size of the dog.  Anything                      
  that's big can potentially cause as much damage as a pit                     
  bull.  Any other breed of dog...is going to create the same                  
  type of rip and tearing.  It's not inherent in any one                       
  breed."                                                                      
                                                                               
  REPRESENTATIVE BILL WILLIAMS asked, "Are you telling the                     
  municipality what to do and what not to do?"                                 
                                                                               
  REPRESENTATIVE BUNDE said, "That is correct, that they                       
  cannot establish a breed specific..."                                        
                                                                               
  Number 409                                                                   
                                                                               
  REPRESENTATIVE WILLIAMS said, "I have a difficult time with                  
  that, Mr. Chairman, as far as telling a municipality what                    
  they can do and what they can't do on an issue like this...                  
  I'm already having problems with some of the rules and                       
  regulations under Title 29..."                                               
                                                                               
  REPRESENTATIVE BUNDE said, "It's an attempt to have                          
  consistency throughout the state...  It's allowing you to                    
  create the laws that you want.  You just can't say, 'This                    
  one kind of breed of dog is going to be classified vicious                   
  automatically just because it's that breed...'"                              
                                                                               
  REPRESENTATIVE WILLIAMS said, "There are safeguards already                  
  apparently in Title 29, or Anchorage would have an ordinance                 
  in their books."                                                             
                                                                               
  REPRESENTATIVE BUNDE said, "No that isn't the case.  They                    
  passed one (but) the mayor vetoed it."                                       
                                                                               
  Number 436                                                                   
                                                                               
  REPRESENTATIVE WILLIAMS said, "That's what I mean..."                        
                                                                               
  CHAIRMAN OLBERG intervened, "It's obvious we're all not                      
  going to agree on this one, as is often the case..."                         
                                                                               
  REPRESENTATIVE BUNDE MOVED that HB 242 be PASSED out of                      
  committee with individual recommendations.                                   
                                                                               
  REPRESENTATIVE DAVIES put forth another question.  He asked,                 
  "If this (HB 242) were to pass, would we be able to pass a                   
  law that classified dogs by their physical characteristics?"                 
                                                                               
  REPRESENTATIVE BUNDE said, "My understanding, Mr. Chairman,                  
  is more by behavior.  Just because a dog is large, doesn't                   
  mean it's a vicious dog."                                                    
                                                                               
  Number 460                                                                   
                                                                               
  REPRESENTATIVE DAVIES clarified, "The concern that has been                  
  expressed...is that certain dogs by their physical                           
  characteristics have the potential to be much more damaging                  
  than some smaller...and you may want to have laws applying                   
  to a whole range of dog characteristics that might exhibit                   
  the potential for damage."                                                   
                                                                               
  REPRESENTATIVE BUNDE said, "No...you can't condemn a dog                     
  until it has done some antisocial behavior.  It's a question                 
  of constitutionality."                                                       
                                                                               
  REPRESENTATIVE DAVIES said, "We have leash laws.  That                       
  sounds like a prior constraint."                                             
                                                                               
  REPRESENTATIVE BUNDE said, "A leash law keeps the dog off                    
  other people's property."                                                    
                                                                               
  REPRESENTATIVE DAVIES said, "I don't see any difference."                    
                                                                               
  CHAIRMAN OLBERG referred to Representative Bunde's motion to                 
  move HB 242 out of committee with individual                                 
  recommendations.                                                             
                                                                               
  REPRESENTATIVE DAVIES OBJECTED.                                              
                                                                               
  A role call vote was taken.  Representatives Willis,                         
  Williams, Davies, Bunde and Olberg voted YES.                                
  Representatives Toohey and Sanders voted NO.  THE MOTION                     
  CARRIED                                                                      
                                                                               
  HB 211:  MUNICIPAL INVENTORY TAX EXEMPTIONS: EXPORTS                         
                                                                               
  Number 494                                                                   
                                                                               
  REPRESENTATIVE CYNTHIA TOOHEY, PRIME SPONSOR OF HB 211,                      
  testified by reading her sponsor statement into the record.                  
  (Copies of this sponsor statement may be found in the House                  
  Community and Regional Affairs Committee Room, Capitol Room                  
  110, and after the adjournment of the second session of the                  
  18th Alaska State Legislature, in the Legislative Reference                  
  Library.)                                                                    
                                                                               
  Number 520                                                                   
                                                                               
  SCOTT HAWKINS, PRESIDENT, ANCHORAGE ECONOMIC DEVELOPMENT                     
  CORPORATION, testified in support of HB 211 saying, "The                     
  Anchorage Economic Development Corporation has been                          
  marketing aggressively in recent years to attract                            
  warehousing distribution business to Anchorage to capitalize                 
  on the air cargo activity that came in in recent years.  We                  
  are making some headway.  We are getting reasonably close                    
  with some major entities in terms of working with them to                    
  establish international warehousing centers in Anchorage.                    
  Major manufacturers of high value products such as computer                  
  equipment, semiconductors, that type of thing."                              
                                                                               
  MR. HAWKINS continued, "This industry has tremendous long                    
  term potential for Anchorage. Now that we have the FedEx                     
  (Federal Express) and UPS (United Parcel Service) hubs, we                   
  believe this type of thing would be the next job-creating                    
  type of activity associated with our geographic location and                 
  logistics potential.  But I would point out that this bill                   
  (HB 211) is not limited to air cargo, it is not limited to                   
  high value manufacturing goods.  It is not limited to                        
  Anchorage.  It is also a bill that would help communities                    
  with other goals, such as coastal communities wanting to                     
  build cold storage."                                                         
                                                                               
  MR. HAWKINS added, "For those communities that have seafood                  
  storage already, as it sits right now there's actually a                     
  reverse incentive in the law because current law does not                    
  allow inventories held for export to be treated any                          
  differently than any other type of inventory.  This                          
  encourages businesses such as seafood companies to get their                 
  inventory out of the state early, before January first,                      
  before the tax men come around and count it.  So it actually                 
  exacerbates the already existing seasonality of some                         
  industries..."                                                               
                                                                               
  Number 551                                                                   
                                                                               
  Chairman Olberg asked, "Only the municipality can charge an                  
  inventory tax at this point in time, is that correct?"                       
                                                                               
  MR. HAWKINS replied, "My understanding is that only the                      
  municipalities do at this point in time..."                                  
                                                                               
  CHAIRMAN OLBERG said, "That tax is charged according to the                  
  inventory as it exists on a particular day basically, isn't                  
  it?"                                                                         
                                                                               
  MR. HAWKINS replied in the affirmative.                                      
                                                                               
  CHAIRMAN OLBERG commented, "The Municipality of Anchorage is                 
  in favor of this proposal based on the letter we have                        
  received."                                                                   
                                                                               
  REPRESENTATIVE DAVIES asked about some original language in                  
  AS 29.45 regarding school districts.                                         
                                                                               
  REPRESENTATIVE TOOHEY explained, "I understand last year                     
  when the bill went through that, that specific language was                  
  put in there because there was a person of persuasion that                   
  felt that the school districts should not be exempt."                        
                                                                               
  MR. HAWKINS added, "A bill went through actually in 1989.                    
  It hit the floor of the Senate in the last day or two of                     
  session.  Somebody had a feeling in their heart that school                  
  districts should always be able to levy taxes on any                         
  inventory whether it is held for export or otherwise and it                  
  was pulled off the floor and forcibly amended and we had to                  
  live with it until now.  That is what we are going back and                  
  trying to clean up."                                                         
                                                                               
  Number 577                                                                   
                                                                               
  REPRESENTATIVE DAVIES asked, "Am I correct, a municipality                   
  that was a school district, if we passed this, would have                    
  the option to either tax or to totally or partially exempt                   
  exports from taxes?"                                                         
                                                                               
  REPRESENTATIVE TOOHEY concurred.                                             
                                                                               
  REPRESENTATIVE WILLIS asked why the "repeal by the voters"                   
  language currently in statute "shouldn't be continued."                      
                                                                               
  MR. HAWKINS said, "I believe it was just viewed as                           
  superfluous...the feeling was that any ordinance is subject                  
  to repeal by the voters and the language really was                          
  redundant and unnecessary."                                                  
                                                                               
  Number 595                                                                   
                                                                               
  REPRESENTATIVE SANDERS MOVED to PASS HB 211 out of committee                 
  with individual recommendations.                                             
                                                                               
  REPRESENTATIVE BUNDE OBJECTED then WITHDREW his OBJECTION,                   
  and THE MOTION CARRIED.                                                      
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN OLBERG adjourned the meeting at 3:20.                               

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