SB 132: "An Act transferring some of the functions of the Department of Environmental Conservation to the Department of Natural Resources; and providing for an effective date."
00SENATE BILL NO. 132 01 "An Act transferring some of the functions of the Department of Environmental 02 Conservation to the Department of Natural Resources; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 03.05.011 is amended to read: 06 Sec. 03.05.011. Powers and duties of commissioner of natural resources 07 [ENVIRONMENTAL CONSERVATION]. (a) To carry out the requirements of 08 this title, the commissioner of natural resources [ENVIRONMENTAL 09 CONSERVATION] may issue orders, regulations, permits, quarantines, and embargoes 10 relating to 11 (1) examination and inspection of premises containing products, 12 articles, and commodities carrying pests; 13 (2) establishment of quarantines for eradication of pests and diseases 14 in livestock;
01 (3) tests and analyses that may be made and hearings that may be held 02 to determine whether the commissioner will issue a stop order or quarantine; 03 (4) cooperation with federal and other state agencies; 04 (5) regulation of fur farming; for purposes of this paragraph, "fur 05 farming" means the raising of and caring for animals for the purpose of marketing 06 their fur, or the animals themselves for breeding stock. 07 (b) The commissioner [OF ENVIRONMENTAL CONSERVATION] shall 08 regulate the farming of elk in a manner similar to the manner in which the 09 commissioner regulates domestic animals and livestock, to the extent that is 10 appropriate. 11 * Sec. 2. AS 03.45.050 is amended to read: 12 Sec. 03.45.050. Inspection, quarantine, or destruction of livestock. 13 Domestic animals and poultry in the state are subject to inspection and test for all 14 diseases [,] and to quarantine, slaughter, or destruction when found to be infected with 15 or suffering from any contagious disease by an inspector of the Animal Disease 16 Eradication Branch, United States Department of Agriculture, or by a qualified 17 inspector authorized by the commissioner [OF ENVIRONMENTAL 18 CONSERVATION] to make inspections and tests of animals. Inspections and tests 19 of animals kept for dairy purposes by dairies that offer their products to the public in 20 the state [,] and inspection and tests of animals kept for private dairy purposes if [, 21 PROVIDED] they are readily accessible [,] shall be made at least once every year, if 22 possible, and all animals not readily accessible for inspection shall be inspected before 23 they are brought into a community where other animals used for dairy purposes are 24 kept. The commissioner may make arrangements with the Animal Disease Eradication 25 Branch, United States Department of Agriculture, for these inspections and tests. In 26 the event that arrangements cannot be made with the Animal Disease Eradication 27 Branch, the commissioner may employ inspectors. Inspections shall be carried on in 28 cooperation with the Animal Disease Eradication Branch and in accordance with its 29 regulations. 30 * Sec. 3. AS 03.45.060(c) is amended to read: 31 (c) If the inspector determines that the animal should be slaughtered or
01 destroyed, the inspector may condemn and have the animal slaughtered or destroyed 02 in the manner the inspector determines. Reimbursement may be allowed for the 03 slaughter or destruction of dairy cattle only. In such case, the inspector and the owner 04 shall appraise the dairy cattle at a fair valuation without regard to the disease. Where 05 they cannot agree as to the value of the animal, the owner and inspector may select 06 a disinterested third party to aid in the appraisement. Where they cannot agree on the 07 selection of a third party, a peace officer in the judicial district where the inspection 08 is made may designate a third disinterested party to act with the inspector and owner 09 to determine the value of the animal. The amount realized from the sale of the carcass 10 of the slaughtered animal shall be paid to the owner of the animal , and the inspector 11 shall certify to the commissioner [OF ENVIRONMENTAL CONSERVATION] the 12 name and address of the owner, the date the animal was condemned, the appraised 13 value of the animal, together with the net sum realized from the salvage of the animal 14 [THEREOF,] or that [WHICH] could have been realized. 15 * Sec. 4. AS 03.45.070 is amended to read: 16 Sec. 03.45.070. Compensation to owners of dairy cattle destroyed; records 17 to be kept. The commissioner [OF ENVIRONMENTAL CONSERVATION] may 18 enter into cooperative agreements with the United States Department of Agriculture for 19 controlling diseases among dairy cattle and may match federal indemnity payments for 20 livestock slaughtered thereunder [,] from any funds available. The commissioner shall 21 keep a record of all payments made, with a copy of the inspector's certification of 22 appraised value and salvage value. 23 * Sec. 5. AS 03.45.080 is amended to read: 24 Sec. 03.45.080. Record and payment of value of destroyed dairy cattle. 25 The Department of Administration shall keep a record of the appraised value of all 26 dairy cattle slaughtered or destroyed and of the salvage value of the dairy cattle 27 [THEREOF], stating the date when the animal was slaughtered or destroyed and the 28 name of the inspector who ordered the animal slaughtered or destroyed. The 29 Department of Administration, with the approval of the department [DEPARTMENT 30 OF ENVIRONMENTAL CONSERVATION], shall pay the owner of the animal 31 slaughtered or destroyed two-thirds of the difference between the appraised value and
01 the salvage value of the animal slaughtered or destroyed. The appraised valuation of 02 each slaughtered animal may not exceed $175 in the first judicial district and not more 03 than $200 in the second and third judicial districts and not more than $250 in the 04 fourth judicial district. Payment may not be made if at the time of inspection, test, or 05 destruction, the animal was upon the premises of any person to which it had been sold, 06 shipped, or delivered for the purpose of being slaughtered. Payment may not be made 07 unless the owner has complied with all lawful quarantine regulations. 08 * Sec. 6. AS 03.53.010(b) is amended to read: 09 (b) The following persons are authorized to enforce the provisions of this 10 section: 11 (1) the commissioner [OF ENVIRONMENTAL CONSERVATION]; 12 (2) a state employee authorized by the commissioner [OF 13 ENVIRONMENTAL CONSERVATION]. 14 * Sec. 7. AS 16.40.050(d) is amended to read: 15 (d) Elk imported, exported, or possessed for the purpose of elk farming are 16 subject to the provisions of AS 03 and regulations adopted under AS 03 by the 17 commissioner of natural resources [OR THE COMMISSIONER OF 18 ENVIRONMENTAL CONSERVATION] for domestic animals and livestock [,] to the 19 extent they are made applicable to elk by the commissioner of natural resources 20 [COMMISSIONERS]. 21 * Sec. 8. AS 44.37 is amended by adding a new section to read: 22 Sec. 44.37.032. Fees for certain services. The Department of Natural 23 Resources may adopt regulations that prescribe reasonable fees, and establish 24 procedures for the collection of the fees, to cover the applicable direct costs, not 25 including travel, of inspections, permit preparation and administration, plan review and 26 approval, and other services provided by the department relating to agriculture and 27 animals under AS 03.05. 28 * Sec. 9. AS 44.46.025(a) is amended to read: 29 (a) The Department of Environmental Conservation may adopt regulations that 30 prescribe reasonable fees, and establish procedures for the collection of the fees, to 31 cover the applicable direct costs, not including travel, of inspections, permit
01 preparation and administration, plan review and approval, and other services provided 02 by the department relating to 03 (1) [AGRICULTURE AND ANIMALS UNDER AS 03.05;] food, 04 drugs, and cosmetics under AS 17.20; and public accommodations and facilities under 05 AS 18.35; 06 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 07 46.14.510; 08 (3) sewerage system and treatment works and wastewater disposal 09 systems, and drinking water systems, under AS 46.03.720; 10 (4) [REPEALED 11 (5) REPEALED 12 (6)] water and wastewater operator training under AS 46.30; 13 (5) [(7)] control of solid waste facilities under AS 46.03.020(10) and 14 46.03.100; 15 (6) [(8)] certification of laboratories conducting environmental analyses 16 of public drinking water systems or of oil or hazardous substances [,] or conducting 17 other analyses required by the department; 18 (7) [(9)] certification of federal permits or authorizations under 33 19 U.S.C. 1341 (sec. 401, Clean Water Act). 20 * Sec. 10. AS 44.46.025(d) is amended to read: 21 (d) Notwithstanding (a) of this section, the department may not charge a fee 22 for inspection, permit preparation and administration, plan review and approval, or 23 other services provided by the department under [AS 03.05 OR] AS 44.46.020(5) to 24 a school. In this subsection, "school" means a public school or private school for 25 children of school age, as defined in AS 14.03.070, or a head start center that receives 26 federal financial assistance under 42 U.S.C. 9835. 27 * Sec. 11. AS 03.05.020(b), 03.05.040(b), 03.05.050(b), 03.05.060(b), 03.05.080(b); 28 AS 03.25.250; and AS 03.58.070(1) are repealed. 29 * Sec. 12. TRANSITION. (a) All litigation, hearings, investigations, and other 30 proceedings pending under a law amended or repealed by this Act, or in connection with 31 functions transferred by this Act, continue in effect and may be continued and completed
01 notwithstanding an amendment or a repeal provided for in this Act. 02 (b) Certificates and orders issued under authority of a law amended or repealed by this 03 Act remain in effect for the term issued, or until revoked, vacated, or otherwise modified 04 under the provisions of this Act. 05 (c) Regulations in effect on June 30, 1999, that were adopted to implement a function 06 that is transferred by this Act remain in effect and shall be enforced by the agency to which 07 the function is transferred under this Act until amended by the agency to which the function 08 is transferred. 09 (d) Wherever in Alaska Statutes affected by this Act there is a reference to regulations 10 adopted under a section of law and there are no regulations adopted under that section because 11 previous regulations adopted under another section are being enforced under (c) of this 12 section, the reference shall be construed to refer to the previously adopted regulations until 13 they are amended by the new agency. 14 (e) All contracts, rights, liabilities, and obligations created by or under a law amended 15 or repealed by this Act, and in effect on July 1, 1999, remain in effect notwithstanding this 16 Act's taking effect. 17 (f) Records, equipment, appropriations, and other property of agencies of the state 18 whose functions are transferred under this Act shall be transferred commensurate with the 19 provisions of this Act. 20 * Sec. 13. This Act takes effect July 1, 1999.