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 AS 03.05.011 is repealed and reenacted to read: 10 Sec. 03.05.011.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