CSHB 380(RES): "An Act relating to the powers and duties of the commissioner of environmental conservation; relating to animals, animal products, agricultural products, and the transportation of animals and animal products; relating to the employment, appointment, and duties of a state veterinarian by the commissioner of environmental conservation; relating to the powers of the commissioner of natural resources regarding agricultural products; relating to animal rabies prevention and control; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 380(RES) 01 "An Act relating to the powers and duties of the commissioner of environmental 02 conservation; relating to animals, animal products, agricultural products, and the 03 transportation of animals and animal products; relating to the employment, 04 appointment, and duties of a state veterinarian by the commissioner of environmental 05 conservation; relating to the powers of the commissioner of natural resources regarding 06 agricultural products; relating to animal rabies prevention and control; and providing 07 for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 03.05.011 is repealed and reenacted to read: 10 Sec. 03.05.011. Powers of commissioner of environmental conservation. (a) 11 To carry out the requirements of this title over which the department has jurisdiction, 12 the commissioner may 13 (1) issue orders or permits relating to or authorizing the examination,
01 inspection, testing, quarantine, or embargo of animals or animal products, or premises 02 containing or having contained animals or animal products, in order to prevent the 03 spread of pests or contagious or infectious disease; 04 (2) conduct tests, analyses, and hearings to determine whether to issue 05 an order or permit under this section; 06 (3) cooperate with federal, state, municipal, and other governmental 07 agencies regarding powers and duties under this section; 08 (4) issue orders or permits relating to or authorizing the custody, care, 09 or destruction of animals or animal products to prevent the spread of pests or 10 contagious or infectious disease; 11 (5) designate points of entry for the admission of animals or animal 12 products into the state; and 13 (6) issue orders or permits relating to, or authorizing the examination, 14 testing, or care of, animals or animal products to be transported into, within, or from 15 this state, in order 16 (A) to prevent the spread of pests or contagious or infectious 17 disease; or 18 (B) to promote safe or sanitary conditions for the animals or 19 animal products to be transported. 20 (b) The commissioner may 21 (1) charge fees for services performed by or for the state, state officers, 22 and state employees, including a state veterinarian, under this section; 23 (2) designate individuals, independently or in cooperation with federal, 24 state, municipal, or other governmental agencies, to carry out and enforce, under the 25 direction of the state veterinarian, the requirements of this title over which the 26 department has jurisdiction; and 27 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 28 to implement and interpret this section. 29 (c) Before taking custody of or destroying an animal or animal product under 30 (a)(4) of this section, or imposing a quarantine, placing an embargo, or taking another 31 action under this section that deprives a person of an animal or animal product, the
01 department shall provide for notice and an opportunity to be heard to the owner or 02 person in possession of the animal or animal product, unless the department 03 determines there is an immediate threat to the health or safety of an animal or the 04 public. 05 (d) Nothing in this section affects the authority of another agency of this state. 06 (e) In this section, 07 (1) "commissioner" means the commissioner of environmental 08 conservation; 09 (2) "department" means the Department of Environmental 10 Conservation. 11 * Sec. 2. AS 03.05 is amended by adding a new section to read: 12 Sec. 03.05.013. State veterinarian. The commissioner of environmental 13 conservation may employ or appoint a person to act as the state veterinarian to carry 14 out and enforce the requirements of this title over which the Department of 15 Environmental Conservation has jurisdiction. To be eligible for appointment as the 16 state veterinarian, a person must be licensed or otherwise legally authorized under 17 AS 08.98 to engage in the practice of veterinary medicine in the state. 18 * Sec. 3. AS 03.05.040(a) is amended to read: 19 (a) To carry out the requirements of this chapter, [ON ANY BUSINESS 20 DAY DURING THE USUAL HOURS OF BUSINESS] the commissioner or an 21 individual designated by the commissioner as an [AUTHORIZED] inspector may, 22 for the purpose of inspecting animals, animal products, agricultural products, or 23 premises containing or having contained animals, animal products, or 24 agricultural products [SUBJECT TO REGULATION], enter a storehouse, 25 warehouse, cold storage plant, packing house, slaughterhouse, retail store, or other 26 building or place where animals, animal products, or agricultural [THOSE] 27 products are or have been raised, housed, kept, stored, processed, or sold. 28 * Sec. 4. AS 03.05.050(a) is amended to read: 29 (a) An animal, animal product, or agricultural product found by the 30 commissioner, or an individual designated by the commissioner as an 31 [AUTHORIZED] inspector, to violate a regulation adopted under this chapter is
01 declared to be a public nuisance injurious to the public interest and may not be moved 02 by the person in whose possession it may be except at [UPON] the specific direction 03 of the commissioner or inspector. 04 * Sec. 5. AS 03.05.090 is amended by adding new subsections to read: 05 (b) A person who violates an order issued, a regulation adopted, a permit 06 issued, a quarantine imposed, or an embargo ordered under AS 03.05.011, or a person 07 who directs or orders a person to commit the violation, is subject to a civil fine of not 08 more than $500 for each violation. 09 (c) If the Department of Environmental Conservation issues an order 10 regarding, adopts a regulation on, issues a permit regarding, imposes a quarantine on, 11 or orders an embargo on an animal or animal product that the Department of 12 Environmental Conservation reasonably believes carries pests, a contagious disease, or 13 an infectious disease, a consignee who knowingly receives, or a carrier who 14 knowingly transports, the animal or animal product in violation of the order, 15 regulation, permit, quarantine, or embargo is subject to a civil fine of not more than 16 $500 for each violation. 17 (d) The Department of Environmental Conservation or a court of competent 18 jurisdiction may impose the fine authorized by (b) or (c) of this section. 19 (e) Each animal, animal product, or premises containing or having contained 20 animals or animal products involved in a violation described in (b) or (c) of this 21 section constitutes a separate violation under (b) and (c) of this section. Each day on 22 which a violation described in (b) or (c) of this section occurs constitutes a separate 23 violation under (b) and (c) of this section. 24 (f) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 25 * Sec. 6. AS 03.05.100(1) is amended to read: 26 (1) "agricultural products" does not include fish, [OR] fisheries 27 products, animals, or animal products; 28 * Sec. 7. AS 03.05.100 is amended by adding new paragraphs to read: 29 (4) "animal" means an animal other than a human being and includes a 30 mammal, insect, bird, fish, and reptile, whether wild or domestic, and whether living 31 or dead;
01 (5) "animal product" means a product, article, or commodity 02 containing any part of an animal. 03 * Sec. 8. AS 44.46.025(a) is amended to read: 04 (a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department 05 of Environmental Conservation may adopt regulations that prescribe reasonable fees, 06 and establish procedures for the collection of those fees, to cover the applicable direct 07 costs, not including travel except in the case of a designated regulatory service, as that 08 term is defined in AS 37.10.058, of inspections, permit preparation and administration, 09 plan review and approval, and other services provided by the department relating to 10 (1) [AGRICULTURE AND] animals and animal products under 11 AS 03.05; food, drugs, and cosmetics under AS 17.20; and public accommodations 12 and facilities under AS 18.35; 13 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 14 46.14.510; 15 (3) drinking water systems under AS 46.03.720; 16 (4) water and wastewater operator training under AS 46.30; 17 (5) waste management and disposal authorizations under 18 AS 46.03.100; 19 (6) certification of laboratories conducting environmental analyses of 20 public drinking water systems or of oil or hazardous substances, or conducting other 21 analyses required by the department; 22 (7) certification of federal permits or authorizations under 33 U.S.C. 23 1341 (sec. 401, Clean Water Act); 24 (8) regulation of point source discharges of pollutants under the 25 program authorized by AS 46.03.020(12); 26 (9) regulation of pesticides and broadcast chemicals registered under 27 AS 46.03.320(a)(4), with a reasonable fee not to exceed $120; 28 (10) licensing of pesticide applicators under AS 46.03.320(b), with a 29 reasonable fee not to exceed $25. 30 * Sec. 9. AS 47.05.012 is amended to read: 31 Sec. 47.05.012. Material incorporated by reference. Under
01 AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates a 02 document or other material by reference, the department may incorporate future 03 amended versions of the document or other material if the document or other material 04 is one of the following: 05 (1) a document that is published, compiled, or prepared by the United 06 States Department of Health and Human Services and is included in the following list: 07 (A) the international classification of diseases, clinical 08 modifications; 09 (B) the common procedure coding system; 10 (C) the specifications for national uniform billing data 11 elements; 12 (D) the federal poverty guidelines for the state; 13 (E) the Indian Health Service encounter rates; or 14 (F) the relative value units used in the Medicare program for 15 determination of fee schedules; 16 (2) the current procedural terminology for physicians published by the 17 American Medical Association; 18 (3) the diagnostic and statistical manual of mental disorders published 19 by the American Psychiatric Association; 20 (4) the length of stay in hospitals by diagnosis and operation for the 21 western region of the United States, published by Solucient; 22 (5) the relative value guide published by the American Society of 23 Anesthesiologists; 24 (6) the consumer price index published by the United States 25 Department of Labor; 26 (7) the health plan employer data and information set published by the 27 National Committee for Quality Assurance; 28 (8) practice standards adopted by the American Academy of Pediatrics, 29 American College of Obstetricians and Gynecologists, American Diabetes 30 Association, American Cancer Society, American Academy of Family Physicians, 31 American College of Physicians, United States Centers for Disease Control and
01 Prevention, Agency for Healthcare Research and Quality, or the National Asthma 02 Education and Prevention Program; 03 (9) the compendium of animal rabies prevention and control [, 2002,] 04 published by the United States Centers for Disease Control and Prevention; 05 (10) the control of communicable diseases manual published by the 06 American Public Health Association; 07 (11) the standards manual and interpretative guidelines for behavioral 08 health, employment and community support services, and for medical rehabilitation 09 published by the Commission on Accreditation of Rehabilitative Facilities; 10 (12) consumer assessment of health plans published by the Agency for 11 Health Care Policy and Research; or 12 (13) resources for optimal care of the injured patient published by the 13 Committee on Trauma, American College of Surgeons. 14 * Sec. 10. AS 03.05.020, 03.05.060, 03.05.080; AS 03.25.010, 03.25.020, 03.25.250; 15 AS 03.45.040, 03.45.050, 03.45.060, 03.45.070, 03.45.080; and AS 03.53.010 are repealed. 16 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of 19 Environmental Conservation and the Department of Natural Resources may proceed to adopt 20 regulations necessary to implement the changes in secs. 1 - 8 of this Act. The regulations take 21 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 22 law implemented by the regulation. 23 * Sec. 12. Section 11 of this Act takes effect immediately under AS 01.10.070(c). 24 * Sec. 13. Except as provided in sec. 12 of this Act, this Act takes effect July 1, 2006.