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

00                       CS FOR HOUSE BILL NO. 315(RES)                                                                    
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; or                                                                         
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.                                                                                                   
06            (b)  Notwithstanding (a) of this section or any other provision of law,                                      
07 (1)  the Department of Environmental Conservation and the                                                               
08 Department of Natural Resources may disclose information from a record subject to                                       
09 this section if the Department of Environmental Conservation or the Department of                                       
10 Natural Resources determines there is a threat to the health or safety of an animal, a                                  
11 crop, or the public and that disclosure of the information is necessary to address a                                    
12       threat to the health or safety of the animal, crop, or public;                                                    
13 (2)  the Department of Environmental Conservation shall, at the request                                                 
14 of the Department of Natural Resources, disclose to the Department of Natural                                           
15 Resources records necessary to implement programs of the Department of Natural                                          
16 Resources designed to increase consumer awareness and consumption of Alaska                                             
17 agriculture products identified by the "Alaska Grown" trademark; the Department of                                      
18 Natural Resources shall maintain confidentiality of the records disclosed under this                                    
19       paragraph.                                                                                                        
20 (c)  In this section, "varietal" means characteristic of or forming a distinct                                          
21       variety of organism.                                                                                              
22    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
23 read:                                                                                                                   
24 TRANSITION: REGULATIONS. The Department of Environmental Conservation                                                   
25 and the Department of Natural Resources may adopt regulations necessary to implement this                               
26 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                                 
27 before the effective date of the law implemented by the regulation.                                                     
28    * Sec. 3. Section 2 of this Act takes effect immediately under AS 01.10.070(c).