HB 383: "An Act relating to the powers and duties of the Department of Natural Resources, including transferring certain powers and duties to the Department of Commerce, Community, and Economic Development."
00 HOUSE BILL NO. 383 01 "An Act relating to the powers and duties of the Department of Natural Resources, 02 including transferring certain powers and duties to the Department of Commerce, 03 Community, and Economic Development." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 03.05.010 is amended to read: 06 Sec. 03.05.010. Powers and duties of commissioner of commerce, 07 community, and economic development [NATURAL RESOURCES]. (a) The 08 commissioner of commerce, community, and economic development [NATURAL 09 RESOURCES] shall 10 (1) direct, administer, and supervise promotional and experimental 11 work, extension services, and agricultural projects for the purpose of promoting and 12 developing the agricultural industry within the state including such fields as 13 horticulture, dairying, cattle raising, fur farming, grain production, vegetable 14 production, and development of other agricultural products;
01 (2) procure and preserve all information pertaining to the development 02 of the agricultural industry and disseminate that information to the public; 03 (3) assist prospective settlers and others desiring to engage in the 04 agricultural industry in the state with information concerning areas suitable for 05 agriculture and other activities and programs essential to the development of the 06 agricultural industry in the state; 07 (4) review the marketing, financing, and development of agricultural 08 products inside the state including transportation, with special emphasis upon local 09 production, and negotiate for the marketing of agricultural products of the state with 10 federal and state agencies operating in the state; 11 (5) regulate and control the entry into the state and the transportation, 12 sale, or use inside the state of plants, seeds, vegetables, shell eggs, fruits and berries, 13 nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and 14 agricultural chemicals in order to prevent the spread of pests, diseases, or toxic 15 substances injurious to the public interest, and to protect the agricultural industry 16 against fraud, deception, and misrepresentation; in this connection the commissioner 17 may require registration, inspection, and testing, and establish procedures and fees; 18 and 19 (6) regulate the farming of elk in a manner similar to the manner in 20 which the commissioner regulates domestic animals and livestock, to the extent that is 21 appropriate. 22 (b) To carry out the requirements of this title, the commissioner of commerce, 23 community, and economic development [NATURAL RESOURCES] may issue 24 orders, regulations, quarantines, and embargoes relating to 25 (1) examination and inspection of premises containing products, 26 articles, and commodities carrying pests; 27 (2) establishment of quarantines for eradication of pests; 28 (3) establishment of standards and labeling requirements pertaining to 29 the sale of agricultural and vegetable seeds; 30 (4) tests and analyses which may be made and hearings which may be 31 held to determine whether the commissioner will issue a stop order or quarantine;
01 (5) cooperation with federal and other state agencies. 02 * Sec. 2. AS 03.05.027(a) is amended to read: 03 (a) The commissioner of commerce, community, and economic 04 development [NATURAL RESOURCES] shall employ or appoint a state coordinator 05 for noxious weed, invasive plant, and agricultural pest management and education. 06 * Sec. 3. AS 03.05.040(b) is amended to read: 07 (b) In this section, "commissioner" means commissioner of commerce, 08 community, and economic development [NATURAL RESOURCES] with respect to 09 those products over which the commissioner of commerce, community, and 10 economic development [NATURAL RESOURCES] has jurisdiction under this title, 11 and the commissioner of environmental conservation with respect to those products 12 over which the commissioner of environmental conservation has jurisdiction under 13 this title. 14 * Sec. 4. AS 03.05.050(b) is amended to read: 15 (b) In this section, "commissioner" means commissioner of commerce, 16 community, and economic development [NATURAL RESOURCES] with respect to 17 those products over which the commissioner of commerce, community, and 18 economic development [NATURAL RESOURCES] has jurisdiction under this title, 19 and the commissioner of environmental conservation with respect to those products 20 over which the commissioner of environmental conservation has jurisdiction under 21 this title. 22 * Sec. 5. AS 03.05.075(a) is amended to read: 23 (a) Elk may be raised and bred as domestic stock for commercial purposes, 24 including the sale of meat, by a person who lawfully owns the elk and who holds a 25 current valid elk farming license. The commissioner of commerce, community, and 26 economic development [NATURAL RESOURCES] may issue an elk farming license 27 for the farming of elk to a person who applies on a form provided by the 28 commissioner, pays the biennial elk farming license fee, and proves to the satisfaction 29 of the commissioner that the person lawfully owns the elk, intends to raise and breed 30 elk, and possesses facilities for maintaining the elk under positive control. Before 31 issuing or renewing an elk farming license, the commissioner shall conduct a physical
01 inspection of the elk farming facilities and determine that the facilities are in good 02 repair and comply with the fencing standards established under (d) of this section. In 03 this subsection, "lawfully owns" means ownership that was obtained without violating 04 a state or federal law or regulation or a condition of a license or permit issued with 05 respect to elk. 06 * Sec. 6. AS 03.05.075(b) is amended to read: 07 (b) The commissioner of commerce, community, and economic 08 development [NATURAL RESOURCES] shall provide to the Department of Fish 09 and Game a copy of each application for an elk farming license received by the 10 commissioner and each elk farming license issued by the commissioner. 11 * Sec. 7. AS 03.05.075(d) is amended to read: 12 (d) The commissioner of commerce, community, and economic 13 development [NATURAL RESOURCES] shall establish fencing standards for elk 14 farming facilities to maintain elk under positive control. Proposed fencing standards 15 shall be submitted to the commissioner of fish and game for review before the 16 standards are adopted or amended. 17 * Sec. 8. AS 03.05.075(e) is amended to read: 18 (e) Notwithstanding other provisions of law, a license or permit is not required 19 from the Department of Fish and Game in order to import, export, or possess elk for 20 the purpose of elk farming. Elk imported, exported, or possessed for the purpose of elk 21 farming are subject to the provisions of this title and regulations adopted under this 22 title by the commissioner of commerce, community, and economic development 23 [NATURAL RESOURCES] or the commissioner of environmental conservation for 24 domestic animals and livestock, to the extent they are made applicable to elk by the 25 commissioners. 26 * Sec. 9. AS 03.05.090(a) is amended to read: 27 (a) A person who violates a provision of this chapter or a regulation, order, or 28 quarantine made under authority of this chapter, or violates a provision of a permit 29 issued under this chapter, or sells seeds failing to meet the labeling requirements, 30 standards, and tests provided for by regulation of the commissioner of commerce, 31 community, and economic development [NATURAL RESOURCES] or the
01 commissioner of environmental conservation is guilty of a class A misdemeanor for 02 each offense. 03 * Sec. 10. AS 03.22.010 is amended to read: 04 Sec. 03.22.010. Establishment of plant materials center. The Department 05 of Commerce, Community, and Economic Development [DEPARTMENT OF 06 NATURAL RESOURCES], in cooperation with the college or department of the 07 University of Alaska responsible for the Agricultural and Forestry Experiment Station, 08 shall establish and maintain a plant materials center. 09 * Sec. 11. AS 03.22.040 is amended to read: 10 Sec. 03.22.040. Personnel. The department shall ensure that competent 11 professional, secretarial, and subprofessional personnel necessary to carry on the work 12 of the center are employed. The administrator of the plant materials center is a joint 13 appointment between the Department of Commerce, Community, and Economic 14 Development [DEPARTMENT OF NATURAL RESOURCES] and the college or 15 department of the University of Alaska responsible for the Agricultural and Forestry 16 Experiment Station. 17 * Sec. 12. AS 03.40.030(a) is amended to read: 18 (a) To adopt a brand or mark, a person shall forward to the commissioner of 19 commerce, community, and economic development [NATURAL RESOURCES] a 20 facsimile of the brand or mark, together with a written application, and the recording 21 fee of $2. Upon receipt, the commissioner shall record the brand or mark unless it is of 22 record or conflicts or closely resembles that of some other person, in which case the 23 commissioner shall return the facsimile and fee to the applicant. A brand described as 24 being on either side of the animal may not be accepted or recorded. 25 * Sec. 13. AS 03.90.010 is amended to read: 26 Sec. 03.90.010. Definitions. In this title, unless otherwise indicated, 27 (1) "commissioner" means the commissioner of commerce, 28 community, and economic development [NATURAL RESOURCES]; 29 (2) "department" means the Department of Commerce, Community, 30 and Economic Development [NATURAL RESOURCES]. 31 * Sec. 14. AS 44.33 is amended by adding a new section to read:
01 Article 14A. Agricultural Duties. 02 Sec. 44.33.910. Duties of department with respect to agriculture. The 03 Department of Commerce, Community, and Economic Development shall 04 (1) get and distribute information on subjects connected with 05 agriculture; 06 (2) control and regulate the entry and transportation of seeds, plants, 07 and other horticultural products; 08 (3) control and eradicate the spread of pests injurious to plants, trees, 09 vegetables, livestock, and poultry; 10 (4) aid in developing used and unused agricultural resources; and 11 (5) experiment and determine practical methods of growing, 12 processing, soil analysis, eradication of obnoxious weeds, control of insects, and 13 cheaper and more satisfactory methods of land clearing. 14 * Sec. 15. AS 44.37.020(a) is amended to read: 15 (a) The Department of Natural Resources shall administer the state program 16 for the conservation and development of natural resources, including forests, parks, 17 and recreational areas, land, water, [AGRICULTURE,] soil conservation, and 18 minerals including petroleum and natural gas, but excluding commercial fisheries, 19 sport fish, game, and fur-bearing animals in their natural state. 20 * Sec. 16. AS 44.37.030 is repealed.