03/16/2018 01:00 PM House RESOURCES

        HB 315-CONFIDENTIALITY OF ANIMAL & CROP RECORDS                                                                     
                                                                                                                                
2:38:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR announced  that the next order of  business would be                                                              
HOUSE BILL  NO. 315,  "An Act relating  to the confidentiality  of                                                              
certain  records  on  animals  and crops;  and  providing  for  an                                                              
effective date."                                                                                                                
                                                                                                                                
2:38:30 PM                                                                                                                    
                                                                                                                                
CHRISTINA CARPENTER,  Director, Division of  Environmental Health,                                                              
Department  of   Environmental  Conservation  (DEC),   provided  a                                                              
PowerPoint  presentation in  support of HB  315 entitled,  "HB315:                                                              
Confidentiality  of  Animal  and  Crop  Records,"  dated  3/16/18.                                                              
Turning to  slide 2, she said she  and Dr. Gerlach are  before the                                                              
committee  regarding   HB  315,  which  would   keep  confidential                                                              
certain  records  held  by  DEC  and  the  Department  of  Natural                                                              
Resources  (DNR).   [The departments]  would  continue to  release                                                              
general information  found in  their records,  but the  bill would                                                              
prohibit [the  departments] from  being responsible  for releasing                                                              
records that may  contain personally identifying  information.  It                                                              
would also  allow information  disclosure from [the  departments']                                                              
records if  there were  a threat  [to the health  or safety  of an                                                              
animal, crop,] or  the public, Ms. Carpenter stated.   This can be                                                              
compared  to  some  of the  other  protections  that  are  already                                                              
provided  to  other  commercial   industries,  one  example  being                                                              
commercial  fisheries.   The  Alaska  Department  of Fish  &  Game                                                              
(ADF&G) has  a clause in  statute that  allows it to  keep certain                                                              
information   reported  by   commercial   fishermen  exempt   from                                                              
disclosure,  which includes  such things  as fishing  holes.   She                                                              
said ADF&G  needs that information  to properly manage  commercial                                                              
fisheries,  but commercial  fishermen wouldn't  like that  subject                                                              
to  disclosure because  that's proprietary  business  information.                                                              
So,  she  continued, [DEC  and  DNR]  are  trying to  get  similar                                                              
confidentiality to Alaska's agricultural producers.                                                                             
                                                                                                                                
2:40:23 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER  moved to slide  3 and noted  the concept of  HB 315                                                              
has been  discussed between  DEC, DNR,  and Alaska's  agricultural                                                              
producers for  at least 10 years.   This concept is  even timelier                                                              
now given the  recent M. ovi discussion,  she added.   The bill is                                                              
mutually  beneficial  to  state  agencies as  well  as  individual                                                              
producers.   She said  [the departments]  believe that  animal and                                                              
crop producers  will be more  willing to participate  in voluntary                                                              
surveillance sampling  programs with DEC and DNR if  they know the                                                              
results  of those  tests  are not  subject  to public  disclosure.                                                              
When  the M.  ovi discussion  came  up 18-24  months  ago and  Dr.                                                              
Gerlach was trying  to set up this M. ovi study  in domestic sheep                                                              
and   goat  populations,   many  Alaska   livestock  owners   were                                                              
reluctant to participate  in the study because they  knew the test                                                              
results would be  subject to disclosure if DEC  were in possession                                                              
of them.  A  benefit of passing HB 315 is that  [DEC] will receive                                                              
additional information  on emerging threats and  disease outbreaks                                                              
so the department  can work with  its peers in the  other resource                                                              
agencies to properly manage Alaska's resources.                                                                                 
                                                                                                                                
MS.  CARPENTER addressed  slides  4-5  to discuss  the  difference                                                              
between a  record versus information  and what [DEC] is  trying to                                                              
do with this.   She said the  Office of the State  Veterinarian is                                                              
not looking to  withhold information from public  consumption, but                                                              
is trying to  protect the records it  has on file.   A record that                                                              
is currently subject  to disclosure has personal  information like                                                              
name,  address, phone  number, specific  destination  information,                                                              
and test  results, as  well as  potentially including  identifying                                                              
animal ear tag information.   Right now if there  was a Freedom of                                                              
Information Act  (FOIA) request, DEC  would have to give  out this                                                              
record without  redacting it.   Under HB  315, she continued,  DEC                                                              
would still  share information  with the public,  but it  would be                                                              
in a  more generalized  and anonymous  format.   For example,  the                                                              
department  would say  that in  late December  nine reindeer  were                                                              
transported  by air  from Alaska  to Texas  and they  came from  a                                                              
herd that was confirmed  to be chronic wasting disease  free.  Ms.                                                              
Carpenter explained  that in an  animal cruelty investigation  DEC                                                              
would release  the information  from its  records that  would help                                                              
law enforcement  officials in their  investigation.  But  if there                                                              
was disease  information  that required public  outreach,  such as                                                              
rabies,  DEC  would coordinate  with  its  peers in  state  public                                                              
health  and fish and  game agencies,  as well  as coordinate  with                                                              
the local public  health and veterinarian officials  so they could                                                              
increase  public  outreach and  awareness  so that  everybody  was                                                              
looking for rabies symptoms in domestic and wild blocks.                                                                        
                                                                                                                                
MS. CARPENTER  moved to slide  6 and said  HB 315 would  encourage                                                              
better animal  husbandry because  animal owners would  be engaging                                                              
with  the  [state  veterinarian's]  office  and  participating  in                                                              
surveillance sampling,  which is non-mandatory sampling  and which                                                              
owners  can  then  use  as a  marketing  tool  for  their  Alaskan                                                              
agricultural products.   She stated the bill would  also allow for                                                              
early identification  of and reaction  to an emerging  outbreak or                                                              
threat  that public  health and  animal health  officials need  to                                                              
deal with.   Further, proprietary  information would  be protected                                                              
from  disclosure  to  a  competitor.   Turning  to  slide  7,  Ms.                                                              
Carpenter said  HB 315 would  not keep  DEC or DNR  from releasing                                                              
general information  that the public needs  to know if  there is a                                                              
public  health  threat.   It  would  also  not hamper  efforts  to                                                              
control a  disease outbreak or mitigate  a threat and  it wouldn't                                                              
limit law enforcement agencies in animal cruelty investigations.                                                                
                                                                                                                                
MS. CARPENTER  reviewed the  sectional analysis  on slide 8.   She                                                              
said Section 1,  the meat of the bill, would  make certain records                                                              
held by DEC and  DNR exempt from the Alaska Public  Records Act if                                                              
they  meet   certain  criteria.     But,   she  continued,   those                                                              
departments  would  still be  allowed  to release  information  if                                                              
there were a public health threat.                                                                                              
                                                                                                                                
2:46:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  stated he understands what  Ms. Carpenter                                                              
is trying to convey  about people being hesitant to  declare or to                                                              
have  their  animals  tested,  and   that  people  would  be  less                                                              
hesitant to  come forward if  HB 315 was passed.   He said  he was                                                              
singled out as  possibly being the reason for  [wild] goats having                                                              
this infection.                                                                                                                 
                                                                                                                                
2:47:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND drew  attention to  slide 5 regarding  an                                                              
example  of release  of  information.   She  inquired whether  Ms.                                                              
Carpenter  is talking  only  about  a zoonotic  disease  outbreak,                                                              
which  is  a disease  that  can  be transmitted  from  animals  to                                                              
humans, or  whether it  would also  include pathogens  [in animals                                                              
only, such as M. ovi in sheep and goats].                                                                                       
                                                                                                                                
MS. CARPENTER replied  [DEC] would release information  related to                                                              
a  disease  outbreak   that  is  zoonotic  or   transmittable  but                                                              
transmittable through  domestic or  wildlife herds.   For example,                                                              
rabies can  impact domestic livestock  and humans, so  with rabies                                                              
[DEC] would  want to involve the  Department of Public  Health and                                                              
ADF&G.   However, she  continued,  M. ovi s  not transmittable  to                                                              
humans,  so   [DEC]  would   have  no   reason  to  release   that                                                              
information to its peers in public health.                                                                                      
                                                                                                                                
2:49:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH  drew attention to HB 315, page  2, lines 7-                                                              
11,  which state,  "Notwithstanding  (a) of  this  section or  any                                                              
other   provision  of   law,  the   Department  of   Environmental                                                              
Conservation   and  the  Department   of  Natural  Resources   may                                                              
disclose  any records  that are  subject  to this  section if  the                                                              
Department  of Environmental  Conservation  or  the Department  of                                                              
Natural Resources  determines there is  a threat to the  health or                                                              
safety of  an animal, a  crop, or the  public."  He  asked whether                                                              
he is accurate in  interpreting this language to mean  that on any                                                              
occasion  in which an  animal were  diseased, it  would be  at the                                                              
discretion  of DEC  and DNR  whether or  not to  release the  full                                                              
records.                                                                                                                        
                                                                                                                                
MS. CARPENTER responded that that is accurate.                                                                                  
                                                                                                                                
REPRESENTATIVE  PARISH  offered   his  apologies  for  an  earlier                                                              
remark  and  said  it  was  very   unlikely  that  [Representative                                                              
Rauscher's] animals were implicated.                                                                                            
                                                                                                                                
2:48:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR opened public testimony on HB 315.                                                                                
                                                                                                                                
2:51:10 PM                                                                                                                    
                                                                                                                                
MARY  ANN HOLLICK,  DVM, testified  she  has practiced  veterinary                                                              
medicine  for the past  30 years  and supports  HB 315  because it                                                              
represents  an individual's  medical privacy.   Animal owners  are                                                              
currently required  to disclose diagnostic  test results to  be in                                                              
compliance  with state  rules,  she related.    These results  are                                                              
currently public  records.   These owners  know these  records are                                                              
available for  all to see and they  may very well be  reluctant to                                                              
have their  animals tested  voluntarily for  these diseases.   The                                                              
owners and  where they  live should not  be public knowledge,  she                                                              
said.    Early  detection  is  the   key  to  controlling  serious                                                              
widespread  outbreaks that  could  jeopardize  animals and  public                                                              
health.   These same  test results  are private  in other  states,                                                              
she pointed  out.   If there  is credible  threat, she  continued,                                                              
the  state veterinarian  would disclose  relevant information  and                                                              
act  to ensure  animal  and public  safety.   Dr.  Gerlach was  in                                                              
private  practice  before  becoming the  state  veterinarian,  she                                                              
added, and is very well respected by the veterinary community.                                                                  
                                                                                                                                
2:52:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH asked  which diseases  are not required  to                                                              
be reported to the state veterinarian.                                                                                          
                                                                                                                                
DR. HOLLICK  answered that  diseases such  as parvovirus,  a small                                                              
animal disease, are not required to be reported.                                                                                
                                                                                                                                
REPRESENTATIVE DRUMMOND  inquired whether Dr. Hollick  supports or                                                              
opposes HB 315.                                                                                                                 
                                                                                                                                
DR. HOLLICK replied she supports the bill.                                                                                      
                                                                                                                                
2:54:18 PM                                                                                                                    
                                                                                                                                
JOHN ANDERSON  testified that  HB 315  has good  parts as  well as                                                              
questionable parts.   He said he likes the  [confidential] testing                                                              
and that  it is a  way to  get more animals  tested.   However, he                                                              
continued, he  has an issue  with the import  side of the  bill as                                                              
there  are no  checks and  balances.   He  said he  has looked  at                                                              
import records from  the state veterinarian's office  for the past                                                              
two years and  imported animals are being misrepresented  and sold                                                              
as Alaska Grown.   When he brought  this issue to the  Division of                                                              
Agriculture he  was told there  is no budget  to be able  to check                                                              
even though  the paperwork that  a person signs to  participate in                                                              
Alaska  Grown says  the Division  of Agriculture  can come  out to                                                              
the participant's farm  at any time.  The division  isn't checking                                                              
Alaska  Grown  accountability  through  the  state  veterinarian's                                                              
office,  he said,  and  he has  personally  done  that because  he                                                              
would  like to protect  his  farm and  the work he  does with  his                                                              
cattle.  For  example, he is caring  for his cattle at  50 degrees                                                              
below zero  while other people bring  in animals and slip  them in                                                              
as Alaska  Grown to receive a  premium.  He requested  that import                                                              
records be looked  at.  He pointed out that import  records can be                                                              
obtained from  the U.S. Department  of Agriculture (USDA)  as well                                                              
as the  Division of  Agriculture and said  there is  no difference                                                              
in the records.   He reiterated that he likes the  testing part of                                                              
HB 315, but  that the import  records won't help because  they can                                                              
be found elsewhere.                                                                                                             
                                                                                                                                
2:57:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR requested  Ms.  Carpenter  clarify  whether HB  315                                                              
addresses the import issue.                                                                                                     
                                                                                                                                
MS. CARPENTER  responded HB 315  would allow [DEC] to  keep animal                                                              
or  crop   importation  records   confidential  that   identify  a                                                              
particular animal,  crop, business, or  individual.  She  said she                                                              
is sensitive to  Mr. Anderson's concerns, but DEC's  mission is to                                                              
ensure that  those animals  imported into  Alaska are  healthy and                                                              
disease  free.   Any  marketing  aspect  issue  would need  to  be                                                              
answered to  by DNR.   The reason [DEC]  would want to  keep those                                                              
animal importation  records subject  to a confidentiality  clause,                                                              
she continued, is  because the records include  the name, physical                                                              
address, and location  where those animals are going  to and where                                                              
they came from,  and that could be considered  private business or                                                              
proprietary information  that is part of what [DEC]  is looking to                                                              
do   keep  people's business information  private.  The  intent is                                                              
to protect  the state's  agricultural producers  so they  can grow                                                              
their business.                                                                                                                 
                                                                                                                                
2:59:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR noted  that Alaska Grown misbranding  provisions are                                                              
in another  section of statute which  the committee is  looking at                                                              
in HB 217.                                                                                                                      
                                                                                                                                
3:00:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PARISH  asked   whether  the   USDA  is   already                                                              
furnishing information  about animal and crop  importation records                                                              
with the things that are trying to be protected with HB 315.                                                                    
                                                                                                                                
MR.  ANDERSON  answered  correct,  he  has  used  the  Freedom  of                                                              
Information  Act (FOIA)  to go  through  the state  veterinarian's                                                              
office as well as  the USDA and he has those  documents.  The same                                                              
truckloads  of animals  can  be  looked at  from  each agency  and                                                              
except for  one or two lines  they have the same  information that                                                              
can be compared.  He offered to provide this information.                                                                       
                                                                                                                                
REPRESENTATIVE  PARISH  inquired  whether  there is  a  difference                                                              
between the  state and federal  agencies in  the fees or  costs to                                                              
access that information.                                                                                                        
                                                                                                                                
MR. ANDERSON replied  there is no charge by either  agency at this                                                              
time.   He added that the  USDA takes a  about a month  to provide                                                              
the records and the state takes about 10 business days.                                                                         
                                                                                                                                
3:01:43 PM                                                                                                                    
                                                                                                                                
AMY  SEITZ,   Executive  Director,   Alaska  Farm  Bureau,   Inc.,                                                              
testified  in support  of HB  315.   Allowing confidentiality  for                                                              
certain  personal  and  business   records  will  afford  Alaska's                                                              
farmers  some security  in their  business  as well  help to  keep                                                              
Alaska's agricultural  sector healthy, she  said.  To  comply with                                                              
state and  federal laws, farmers  must supply certain  information                                                              
to DEC or DNR,  she continued.  There are also  situations where a                                                              
farmer  may  be  required  to  submit  test  results  or  want  to                                                              
participate  in a voluntary  surveillance  program.  Records  that                                                              
DEC  and DNR  maintain  can  be  specific to  particular  animals,                                                              
crops,  information  on  the  farmers'  businesses,  and  specific                                                              
results from  testing.   Under current law  these records  are not                                                              
protected,  she   noted.    The  bureau  wants   farmers  to  feel                                                              
comfortable  in working  with state  agencies  in maintaining  the                                                              
health  of animals  and crops.   Knowing that  someone can  access                                                              
specifics on  these results does  not afford security  to Alaska's                                                              
farmers, she advised,  and it does not encourage  participation in                                                              
these  testing programs.   Having  more  farmers participating  in                                                              
testing  could  help  in producing  higher  quality  products  and                                                              
increase  efficiencies in  production.   It could  also help  with                                                              
early detection  of a  possible outbreak  or concern,  which would                                                              
give agencies time to respond appropriately.                                                                                    
                                                                                                                                
MS.  SEITZ  noted  HB  315  does   cover  general  information  on                                                              
imports.  She  said general information on testing  would still be                                                              
available  if  the  bill  were passed  and  that  this  should  be                                                              
sufficient  information to let  people know  what is happening  in                                                              
the  state.   Steps  are  available  to  take  for a  person  with                                                              
concerns about  misuse of the Alaska  Grown logo or  concerns that                                                              
the appropriate  steps aren't being  taken for a  possible disease                                                              
or  pathogen.   She reiterated  the Alaska  Farm Bureau's  support                                                              
for HB 315 for the aforementioned reasons.                                                                                      
                                                                                                                                
3:04:45 PM                                                                                                                    
                                                                                                                                
KEVIN KEHOE,  President,  Alaska Wild Sheep  Foundation (AK  WSF),                                                              
testified  his organization  generally  supports keeping  personal                                                              
information private,  but that AK WSF also thinks  testing records                                                              
should remain public.   He allowed that trying to  weigh these two                                                              
is a big  challenge and deferred  to Ms. Schwanke to  provide more                                                              
specific information.                                                                                                           
                                                                                                                                
3:05:25 PM                                                                                                                    
                                                                                                                                
REBECCA SCHWANKE,  Staff Biologist,  Alaska Wild Sheep  Foundation                                                              
(AK WSF),  testified HB 315  is vague,  which concerns her  from a                                                              
biological  perspective.   [The  bill  would  cover] M.  ovi  that                                                              
affects Alaska's  wild sheep and  goats as well as  other diseases                                                              
and pathogens that  can affect any number of  Alaska's wild animal                                                              
populations,  she said,  so it  is much  bigger than  M. ovi.   To                                                              
fully  understand  the  current  state  of  pathogens,  parasites,                                                              
viruses, and  other diseases that  may be detrimental  to wildlife                                                              
in Alaska,  she continued, it will  be critical to have  access to                                                              
all available test and import records.                                                                                          
                                                                                                                                
MS.  SCHWANKE said  the  components  of HB  315  that concern  her                                                              
focus  on the  confidentiality  of  individual and  specific  test                                                              
results.  She  stated that the general information  which DEC says                                                              
it  will release  is not  good enough  for independent  scientific                                                              
community members  and isn't fair  to domestic owners who  wish to                                                              
know what diseases  or pathogens are present in the  state.  In M.                                                              
ovi outbreaks  in the  western states,  understanding the  strains                                                              
is critical  to understanding what  is being dealt with  and where                                                              
it  came from,  she  continued.    Understanding the  pathways  of                                                              
disease is important  and critical for mitigating  and controlling                                                              
disease.   She said  she is  far more  concerned with  maintaining                                                              
open access  to what comes in  the state through imports  and what                                                              
is already  in the state  as known from  testing records  than any                                                              
individual names or personal information.                                                                                       
                                                                                                                                
MS.  SCHWANKE offered  her belief  that the  majority of  Alaska's                                                              
domestic  animal  owners  are  responsible  and  don't  let  their                                                              
animals come in  contact with wild sheep and goats.   However, she                                                              
continued,  not every owner  is responsible,  some animals  escape                                                              
farms, and some  owners let their animals open-land  graze when in                                                              
the  mountains,  which  is  documented  by  photos.    The  recent                                                              
importation   and   testing   records   must   remain   publically                                                              
accessible in  case a conflict is  seen or a novel  pathogen shows                                                              
up  in the  state.   Sometimes  that will  only  be known  through                                                              
import  records  or  the  testing  the  state  does.    Geographic                                                              
locations  or at  least the  specific regions  must remain  public                                                              
information  when it comes  to understanding  any possible  threat                                                              
to wildlife  or  other domestic  owners.   In no  way does AK  WSF                                                              
want  to jeopardize  individuals  with these  comments, she  said,                                                              
but  there  are  larger  concerns  when  it  comes  to  protecting                                                              
Alaskan wildlife.                                                                                                               
                                                                                                                                
3:07:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH  drew attention  to  page  2 of  the  bill,                                                              
lines 10-11, which  state DEC and DNR can disclose  any records if                                                              
"there is a threat  to the health or safety of  an animal, a crop,                                                              
or the public."   He inquired whether in the case  of any positive                                                              
test  result  for a  disease,  [AK  WSF]  would argue  that  there                                                              
exists  such a  threat.   He  further  inquired  whether [AK  WSF]                                                              
believes that if it came to a court case it would prevail.                                                                      
                                                                                                                                
MR. KEHOE  responded that that is  one of [AK WSF's]  concerns and                                                              
the hope  is for  a re-write  of the  bill so  [AK WSF] could  get                                                              
behind  this.  As  it stands  currently, he  noted, the  committee                                                              
just  heard a  debate on  whether it  is or  isn't a  threat.   So                                                              
there'd  come a  time  when [AK  WSF] would  be  blocked from  any                                                              
information  simply because someone  didn't think  it is  a threat                                                              
and then  it would evolve  into a court case.   That is  a concern                                                              
and  [AK WSF]  believes  "threat"  should  be clearly  defined  in                                                              
statute; for  example, is or  isn't M.  ovi a threat.   Otherwise,                                                              
he  continued, that  information  could  be blocked  and  probably                                                              
would be blocked from [AK WSF].                                                                                                 
                                                                                                                                
REPRESENTATIVE  PARISH invited  the Alaska  Wild Sheep  Foundation                                                              
and  DEC to  work  with  him in  his  office  to figure  out  what                                                              
language would answer  AK WSF's concern.  He invited  Mr. Kehoe to                                                              
make a suggestion for today's record if Mr. Kehoe would like.                                                                   
                                                                                                                                
MR. KEHOE  answered [AK  WSF will] submit  some language  and some                                                              
concepts on  doing that.   He said AK WSF  would be happy  to work                                                              
with anyone  to resolve these  issues to get  to where AK  WSF and                                                              
the  sportsmen's  groups  that   support  AK  WSF  would  also  be                                                              
comfortable with this particular language.                                                                                      
                                                                                                                                
REPRESENTATIVE JOHNSON  asked about the Division  of Agriculture's                                                              
position on HB 315 and whether the division has concerns.                                                                       
                                                                                                                                
3:10:33 PM                                                                                                                    
                                                                                                                                
ARTHUR  KEYES, Director,  Division of  Agriculture, Department  of                                                              
Natural  Resources (DNR),  replied he  supports HB  315.   He said                                                              
the  Division of  Agriculture needs  to  collect information  when                                                              
working  with   farmers  and  there   is  a  need  to   keep  that                                                              
information  confidential.   In regard  to the  Alaska Wild  Sheep                                                              
Foundation's  position, he  said that without  the confidence  the                                                              
information  would be  kept confidential  there  would be  trouble                                                              
trying  to  gather   the  information  needed  to   make  informed                                                              
decisions.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOHNSON stated her  hope that  a way can  be found                                                              
to  facilitate  this   and  bring  both  sides   to  agreement  on                                                              
something that will  work for both.  She surmised  Mr. Keyes would                                                              
be willing to work on that.                                                                                                     
                                                                                                                                
3:12:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR  closed public testimony  after ascertaining  no one                                                              
else wished to testify.                                                                                                         
                                                                                                                                
3:12:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR held over HB 315.