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HB 111: "An Act transferring the division with responsibility for agriculture from the Department of Natural Resources to the Department of Commerce, Community, and Economic Development; and providing for an effective date."

00                             HOUSE BILL NO. 111                                                                          
01 "An Act transferring the division with responsibility for agriculture from the                                          
02 Department of Natural Resources to the Department of Commerce, Community, and                                           
03 Economic Development; and providing for an effective date."                                                             
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 NATURAL RESOURCES] shall                                                                         
09                 (1)  direct, administer, and supervise promotional and experimental                                     
10 work, extension services, and agricultural projects for the purpose of promoting and                                    
11 developing commercial and noncommercial agricultural industry in the state,                                             
12 including horticulture, dairying, cattle raising, fur farming, grain production, vegetable                              
13       production, and agricultural products;                                                                            
14                 (2)  procure and preserve all information pertaining to developing the                                  
01       agricultural industry in the state and disseminate that information to the public;                                
02 (3)  assist prospective settlers and others to engage in the agricultural                                               
03 industry in the state by providing information about activities and programs essential                                  
04 to developing the agricultural industry and areas in the state that are suitable for                                    
05       agriculture;                                                                                                      
06 (4)  review the marketing, financing, transportation, and development                                                   
07 of agricultural products in the state, with special emphasis on local production, and                                   
08 negotiate for the marketing of agricultural products of the state with federal and state                                
09       agencies operating in the state;                                                                                  
10 (5)  regulate and control the entry in the state and the transportation,                                                
11 sale, or use in the state of plants, seeds, vegetables, shell eggs, fruits and berries,                                 
12 nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and                                         
13 agricultural chemicals to prevent the spread of pests, diseases, or toxic substances                                    
14 injurious to the public interest and protect the agricultural industry against fraud,                                   
15 deception, and misrepresentation; for purposes of this paragraph, the commissioner                                      
16 may require registration, inspection, and testing, and may establish procedures and                                     
17       fees;                                                                                                             
18 (6)  regulate the farming of elk in a manner similar to the manner in                                                   
19 which the commissioner regulates domestic animals and livestock, to the extent that is                                  
20       appropriate;                                                                                                      
21 (7)  adopt regulations relating to industrial hemp, including regulations                                               
22       that                                                                                                              
23 (A)  specify approved sources or varieties of hemp seed to be                                                           
24 grown, sold, or offered for sale by an individual registered to produce                                                 
25            industrial hemp;                                                                                             
26 (B)  require testing, paid for by the registrant, for delta-9-                                                          
27            tetrahydrocannabinol concentration following harvest of the industrial hemp;                                 
28 (C)  provide for general production practices to avoid the                                                              
29 unintended distribution of industrial hemp seeds by registrants into                                                    
30            nonagricultural land;                                                                                        
31 (D)  establish isolation distances for the production of industrial                                                     
01            hemp; in this subparagraph, "isolation distance" means the minimum                                           
02            separation required between two or more varieties of the plant (genus)                                       
03            Cannabis for the purpose of keeping the seed pure;                                                           
04                 (8)  submit a list of individuals registered to produce industrial hemp                                 
05       under AS 03.05.076 and the expiration dates of the registrations to the Marijuana                                 
06       Control Board and the Department of Public Safety;                                                                
07                 (9)  regulate the labeling of seed that does not comply with the                                        
08       requirements of AS 03.20.130.                                                                                     
09            (b)  To carry out the requirements of this title, the commissioner [OF                                       
10 NATURAL RESOURCES] may issue orders, regulations, quarantines, and embargoes                                            
11       relating to                                                                                                       
12 (1)  examination and inspection of premises containing products,                                                        
13       articles, and commodities carrying pests;                                                                         
14                 (2)  establishment of quarantines for eradication of pests;                                             
15 (3)  establishment of standards and labeling requirements pertaining to                                                 
16       the sale of agricultural and vegetable seeds;                                                                     
17 (4)  tests and analyses that may be made and hearings that may be held                                                  
18       to determine whether the commissioner will issue a stop order or quarantine;                                      
19                 (5)  cooperation with federal and other state agencies; and                                             
20                 (6)  industrial hemp.                                                                                   
21 (c)  The commissioner [OF NATURAL RESOURCES] shall issue a stop order                                                   
22 to any person who is found to be producing a plant product with delta-9-                                                
23 tetrahydrocannabinol over 0.3 percent, regardless of whether the person is registered                                   
24 under AS 03.05.076. The commissioner [OF NATURAL RESOURCES] shall notify                                                
25 the Marijuana Control Board and the Department of Public Safety when the                                                
26       commissioner issues a stop order.                                                                                 
27 (d)  The commissioner [OF NATURAL RESOURCES] may sell promotional                                                       
28 merchandise related to the "Alaska Grown" trademark and may charge or collect a fee                                     
29 for the sale of promotional merchandise related to the "Alaska Grown" trademark. The                                    
30 commissioner may issue a license and charge a license fee for the sale of promotional                                   
31 merchandise related to the "Alaska Grown" trademark. The commissioner shall price                                       
01 merchandise sold by the commissioner under this subsection in a manner that ensures                                     
02 a reasonable monetary return to the state. To the extent practicable, the commissioner                                  
03 shall sell only merchandise produced or manufactured in the United States that,                                         
04 subject to AS 36.30, is procured from either an Alaska bidder or a person that employs                                  
05       prisoners under AS 33.30.191(b).                                                                                  
06    * Sec. 2. AS 03.05.027(a) is amended to read:                                                                      
07            (a)  The commissioner [OF NATURAL RESOURCES] shall employ or                                                 
08       appoint a state coordinator for noxious weed, invasive plant, and agricultural pest                               
09       management and education.                                                                                         
10    * Sec. 3. AS 03.05.040(b) is amended to read:                                                                      
11 (b)  In this section, "commissioner" means commissioner of commerce,                                                
12 community, and economic development [NATURAL RESOURCES] with respect to                                             
13 those products over which the commissioner of commerce, community, and                                              
14 economic development [NATURAL RESOURCES] has jurisdiction under this title,                                         
15 and the commissioner of environmental conservation with respect to those products                                       
16 over which the commissioner of environmental conservation has jurisdiction under                                        
17       this title.                                                                                                       
18    * Sec. 4. AS 03.05.050(b) is amended to read:                                                                      
19 (b)  In this section, "commissioner" means commissioner of commerce,                                                
20 community, and economic development [NATURAL RESOURCES] with respect to                                             
21 those products over which the commissioner of commerce, community, and                                              
22 economic development [NATURAL RESOURCES] has jurisdiction under this title,                                         
23 and the commissioner of environmental conservation with respect to those products                                       
24 over which the commissioner of environmental conservation has jurisdiction under                                        
25       this title.                                                                                                       
26    * Sec. 5. AS 03.05.075(a) is amended to read:                                                                      
27 (a)  Elk may be raised and bred as domestic stock for commercial purposes,                                              
28 including the sale of meat, by a person who lawfully owns the elk and who holds a                                       
29 current valid elk farming license. The commissioner [OF NATURAL RESOURCES]                                              
30 may issue an elk farming license for the farming of elk to a person who applies on a                                    
31 form provided by the commissioner, pays the biennial elk farming license fee, and                                       
01 proves to the satisfaction of the commissioner that the person lawfully owns the elk,                                   
02 intends to raise and breed elk, and possesses facilities for maintaining the elk under                                  
03 positive control. Before issuing or renewing an elk farming license, the commissioner                                   
04 shall conduct a physical inspection of the elk farming facilities and determine that the                                
05 facilities are in good repair and comply with the fencing standards established under                                   
06 (d) of this section. In this subsection, "lawfully owns" means ownership that was                                       
07 obtained without violating a state or federal law or regulation or a condition of a                                     
08       license or permit issued with respect to elk.                                                                     
09    * Sec. 6. AS 03.05.075(b) is amended to read:                                                                      
10 (b)  The commissioner [OF NATURAL RESOURCES] shall provide to the                                                       
11 Department of Fish and Game a copy of each application for an elk farming license                                       
12 received by the commissioner and each elk farming license issued by the                                                 
13       commissioner.                                                                                                     
14    * Sec. 7. AS 03.05.075(d) is amended to read:                                                                      
15 (d)  The commissioner [OF NATURAL RESOURCES] shall establish fencing                                                    
16 standards for elk farming facilities to maintain elk under positive control. Proposed                                   
17 fencing standards shall be submitted to the commissioner of fish and game for review                                    
18       before the standards are adopted or amended.                                                                      
19    * Sec. 8. AS 03.05.075(e) is amended to read:                                                                      
20 (e)  Notwithstanding other provisions of law, a license or permit is not required                                       
21 from the Department of Fish and Game in order to import, export, or possess elk for                                     
22 the purpose of elk farming. Elk imported, exported, or possessed for the purpose of elk                                 
23 farming are subject to the provisions of this title and regulations adopted under this                                  
24 title by the commissioner [OF NATURAL RESOURCES] or the commissioner of                                                 
25 environmental conservation for domestic animals and livestock, to the extent they are                                   
26       made applicable to elk by the commissioners.                                                                      
27    * Sec. 9. AS 03.05.090(a) is amended to read:                                                                      
28 (a)  A person who violates a provision of this chapter, or a regulation, order, or                                  
29 quarantine made under authority of this chapter, [OR] violates a provision of a permit                                  
30 issued under this chapter, or sells seeds failing to meet the labeling requirements,                                    
31 standards, and tests provided for by regulation of the commissioner [OF NATURAL                                         
01 RESOURCES] or the commissioner of environmental conservation is guilty of a class                                       
02       A misdemeanor for each offense.                                                                                   
03    * Sec. 10. AS 03.20.140 is amended to read:                                                                        
04 Sec. 03.20.140. Online publication of noncommercial giving or exchanging                                              
05 of seed. A person involved in noncommercial giving or exchanging of seed under                                        
06 AS 03.20.110 and 03.20.120 may register online with the department under                                                
07 AS 44.33.023(b) [AS 44.37.030(b)] and submit to the department information,                                         
08 including the person's name, telephone number, and electronic mail address, and the                                     
09 location where the person gives or exchanges seed, for publication on the department's                                  
10       Internet website.                                                                                                 
11    * Sec. 11. AS 03.22.010 is amended to read:                                                                        
12 Sec. 03.22.010. Establishment of plant materials center. The department                                           
13 [DEPARTMENT OF NATURAL RESOURCES], in cooperation with the college or                                                   
14 department of the University of Alaska responsible for the Agricultural and Forestry                                    
15       Experiment Station, shall establish and maintain a plant materials center.                                        
16    * Sec. 12. AS 03.22.040 is amended to read:                                                                        
17 Sec. 03.22.040. Personnel. The department shall ensure that competent                                                 
18 professional, secretarial, and subprofessional personnel necessary to carry on the work                                 
19 of the center are employed. The administrator of the plant materials center is a joint                                  
20 appointment between the department [DEPARTMENT OF NATURAL                                                           
21 RESOURCES] and the college or department of the University of Alaska responsible                                        
22       for the Agricultural and Forestry Experiment Station.                                                             
23    * Sec. 13. AS 03.40.030(a) is amended to read:                                                                     
24 (a)  To adopt a brand or mark, a person shall forward to the commissioner [OF                                           
25 NATURAL RESOURCES] a facsimile of the brand or mark, together with a written                                            
26 application, and the recording fee of $2. Upon receipt, the commissioner shall record                                   
27 the brand or mark unless it is of record or conflicts with or closely resembles that of                                 
28 some other person, in which case the commissioner shall return the facsimile and fee                                    
29 to the applicant. A brand described as being on either side of the animal may not be                                    
30       accepted or recorded.                                                                                             
31    * Sec. 14. AS 03.90.010 is amended to read:                                                                        
01            Sec. 03.90.010. Definitions. In this title, unless otherwise indicated,                                    
02                 (1)  "commissioner" means the commissioner of commerce,                                             
03       community, and economic development [NATURAL RESOURCES];                                                      
04                 (2)  "department" means the Department of Commerce, Community,                                      
05       and Economic Development [NATURAL RESOURCES].                                                                 
06    * Sec. 15. AS 37.05.146(c)(78) is amended to read:                                                                 
07                 (78)  fees collected by the Department of Commerce, Community,                                      
08       and Economic Development [NATURAL RESOURCES] under AS 03.05.010(c);                                           
09    * Sec. 16. AS 44.33.020(a) is amended by adding a new paragraph to read:                                           
10                 (45)  administer the state programs for agriculture under AS 44.33.023.                                 
11    * Sec. 17. AS 44.33 is amended by adding a new section to read:                                                    
12 Sec. 44.33.023. Duties of department with respect to agriculture. (a) The                                             
13       department shall                                                                                                
14 (1)  obtain and publish information electronically and in print on                                                      
15 subjects connected with agriculture, including community seed libraries established                                     
16       under AS 03.20.120;                                                                                               
17 (2)  control and regulate the entry and transportation of seeds, plants,                                                
18       and other horticultural products;                                                                                 
19 (3)  control and eradicate the spread of pests injurious to plants, trees,                                              
20       vegetables, livestock, and poultry;                                                                               
21                 (4)  aid in developing used and unused agricultural resources; and                                      
22 (5)  experiment and determine practical methods of growing,                                                             
23 processing, soil analysis, eradication of obnoxious weeds, and control of insects and                                   
24       cheaper and more satisfactory methods of land clearing.                                                           
25            (b)  The department may                                                                                      
26 (1)  advise persons who establish or operate a community seed library                                                   
27       under AS 03.20.120; and                                                                                           
28 (2)  post on the department's Internet website and annually update the                                                  
29       following:                                                                                                        
30 (A)  information about noncommercial giving or exchanging of                                                            
31 seed, including information about community seed libraries established under                                            
01            AS 03.20.120, community seed library locations, community seed library                                       
02            facilitators, and best practices for noncommercial giving or exchanging of                                   
03            seed;                                                                                                        
04                      (B)  an online registration form for a person involved in                                          
05            noncommercial giving or exchanging of seed to submit to the department for                                   
06            publication, without a fee, information under AS 03.20.140;                                                  
07                      (C)  information provided for publication under (B) of this                                        
08            paragraph.                                                                                                   
09    * Sec. 18. AS 44.37.020(a) is amended to read:                                                                     
10 (a)  The Department of Natural Resources shall administer the state program                                             
11 for the conservation and development of natural resources, including forests, parks,                                    
12 and recreational areas, land, water, [AGRICULTURE, SOIL CONSERVATION,] and                                              
13 minerals including petroleum and natural gas, but excluding agriculture, soil                                       
14 conservation, commercial fisheries, sport fish, game, and fur-bearing animals in their                              
15       natural state.                                                                                                    
16    * Sec. 19. AS 44.37.030 is repealed.                                                                               
17    * Sec. 20. This Act takes effect July 1, 2020.