2003-03-05                     House Journal                      Page 0441
HB 168                                                                                            
HOUSE BILL NO. 168 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the power of boroughs to conduct inspections                               
     and enforce standards for food and aquatic farm products; and                                  
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
The Governor's transmittal letter dated March 5, 2003, follows:                                     
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill to empower first-class and second-class boroughs to                             
assume responsibility for inspection and enforcement of standards for                               
food and aquatic farm products.                                                                     
                                                                                                    
This legislation will ensure that all municipalities of every class have                            
the statutory power to perform the enforcement and inspection                                       
functions for food safety.  Home rule municipalities already have this                              
power, subject to their charters; first-class and second-class cities                               
likewise have this power.  However, first-class and second-class                                    
boroughs are the only municipalities that currently lack it.  While these                           
boroughs have existing statutory powers to enforce other health and                                 
environmental controls, performing inspection functions for food                                    
safety would require an area-wide election on a borough by borough                                  

2003-03-05                     House Journal                      Page 0442
basis.  This bill ensures that the power is automatically available.  The                           
bill does not address the category of third-class boroughs, because                                 
AS 29.05.031(b) prohibits the incorporation of any such boroughs.                                   
                                                                                                    
The Municipality of Anchorage already performs food safety and                                      
enforcement functions under a delegation from the Department of                                     
Environmental Conservation.  The legislature stated in budgetary                                    
intent language in 2002 that DEC will receive "no funding for food                                  
inspections in FY04."  Under this bill, all municipalities can, if they                             
desire, conduct inspections and enforce the Alaska Food Code.                                       
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"