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HB 315: "An Act relating to the confidentiality of certain records on animals and crops; and providing for an effective date."

00                             HOUSE BILL NO. 315                                                                          
01 "An Act relating to the confidentiality of certain records on animals and crops; and                                    
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 03.05 is amended by adding a new section to read:                                                
05 Sec. 03.05.095. Confidentiality of certain information; exceptions. (a)                                               
06 Notwithstanding AS 03.05.010(a)(2), records maintained by the Department of                                             
07 Environmental Conservation and the Department of Natural Resources are                                                  
08 confidential and not subject to disclosure under AS 40.25.100 - 40.25.295 (Alaska                                       
09       Public Records Act) if the records                                                                              
10                 (1)  are animal or crop importation records that identify a particular                                  
11       animal, crop, business, or individual;                                                                            
12                 (2)  contain animal or crop test results or samples for disease or a                                    
13       varietal and the owner, owner's agent, or representative of the animal or crop                                    
14                      (A)  voluntarily submitted or directed the test results or samples                                 
01            to be submitted to the Department of Environmental Conservation or the                                       
02            Department of Natural Resources for testing; or                                                              
03                      (B)  was required by law to submit the test results or samples to                                  
04            the Department of Environmental Conservation or the Department of Natural                                    
05            Resources; or                                                                                                
06                 (3)  are trade secrets or proprietary business or financial information.                                
07 (b)  Notwithstanding (a) of this section or any other provision of law, the                                             
08 Department of Environmental Conservation and the Department of Natural Resources                                        
09 may disclose any records that are subject to this section if the Department of                                          
10       Environmental Conservation or the Department of Natural Resources determines there                                
11       is a threat to the health or safety of an animal, a crop, or the public.                                          
12            (c)  In this section, "varietal" means characteristic of, or forming a distinct                              
13       variety of organism.                                                                                              
14    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
15 read:                                                                                                                   
16 TRANSITION: REGULATIONS. The Department of Environmental Conservation                                                   
17 and the Department of Natural Resources may adopt regulations necessary to implement this                               
18 Act. The regulations take effect under AS 44.62 (Administrative Procedures Act), but not                                
19 before the effective date of the law implemented by the regulation.                                                     
20    * Sec. 3. Section 2 of this Act takes effect immediately under AS 01.10.070(c).