2003-03-06                     Senate Journal                      Page 0405
SB 118                                                                                            
SENATE BILL NO. 118 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               

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          "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 and Regional                                  
Affairs and Finance Committees.                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Environmental                                               
 Conservation                                                                                       
                                                                                                    
Governor's transmittal letter dated March 5:                                                        
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
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                                  
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.                                       

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I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor