04/02/2018 01:00 PM House RESOURCES

        HB 315-CONFIDENTIALITY OF ANIMAL & CROP RECORDS                                                                     
                                                                                                                                
7:53:48 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."                                                                                                                
                                                                                                                                
7:53:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR  moved to  adopt  Amendment  1,  labeled AM  -  1,                                                               
2/14/18, which read [original punctuation provided]:                                                                            
                                                                                                                                
     Page 2, line 7, following "law,":                                                                                          
          Insert "(1)"                                                                                                          
                                                                                                                                
     Page 2, line 11, following "public":                                                                                       
          Insert ";                                                                                                             
                                                                                                                                
               (2)    the   Department    of   Environmental                                                                    
     Conservation shall,  at the  request of  the Department                                                                    
     of  Natural Resources,  disclose to  the Department  of                                                                    
     Natural  Resources   records  necessary   to  implement                                                                    
     programs  of   the  Department  of   Natural  Resources                                                                    
     designed   to    increase   consumer    awareness   and                                                                    
     consumption of  Alaska agriculture  products identified                                                                    
     by  the "Alaska  Grown"  trademark;  the Department  of                                                                    
     Natural  Resources  shall maintain  confidentiality  of                                                                    
     the records disclosed under this paragraph"                                                                                
                                                                                                                                
CO-CHAIR JOSEPHSON objected for discussion purposes.                                                                            
                                                                                                                                
7:54:33 PM                                                                                                                    
                                                                                                                                
CHRISTINA CARPENTER, Director,  Division of Environmental Health,                                                               
Department  of  Environmental  Conservation  (DEC),  stated  that                                                               
Amendment  1,  proposed  at  the request  of  the  Department  of                                                               
Natural  Resources  (DNR), would  allow  DEC  to share  with  DNR                                                               
information from  animal importation  records held by  the Office                                                               
of  the State  Veterinarian,  Division  of Environmental  Health,                                                               
DEC; said  information would allow  the Division  of Agriculture,                                                               
DNR, to verify  the eligibility of Alaska meat  producers who are                                                               
participating in  the Alaska Grown  program [administered  by the                                                               
Division of Agriculture, DNR].                                                                                                  
                                                                                                                                
CO-CHAIR JOSEPHSON questioned whether  the purpose of Amendment 1                                                               
would be to place this authority in the proper statute.                                                                         
                                                                                                                                
MS.  CARPENTER   said  correct.     Sharing   the  aforementioned                                                               
information would allow DNR to verify  when, or if, an animal was                                                               
imported to  confirm whether the  animal or animals  are eligible                                                               
for the certification.                                                                                                          
                                                                                                                                
CO-CHAIR  TARR related  her understanding  that imported  animals                                                               
have  been sold  as Alaska  Grown,  although they  have not  been                                                               
living in the  state for 51 percent of  their lifetime; Amendment                                                               
1 would protect the brand.                                                                                                      
                                                                                                                                
7:57:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON removed his objection to Amendment 1.                                                                        
                                                                                                                                
There  followed a  short discussion  describing  how Amendment  1                                                               
would be incorporated into the bill.                                                                                            
                                                                                                                                
REPRESENTATIVE RAUSCHER  asked whether  there would  be testimony                                                               
from  the Division  of Agriculture,  DNR, or  Farm Bureau,  Inc.,                                                               
regarding the amendment.                                                                                                        
                                                                                                                                
MS. CARPENTER restated the amendment  was requested by DNR and is                                                               
supported by DNR.                                                                                                               
                                                                                                                                
CO-CHAIR  TARR  clarified  the   Division  of  Agriculture  is  a                                                               
division of DNR.                                                                                                                
                                                                                                                                
There being no further objection, Amendment 1 was adopted.                                                                      
                                                                                                                                
7:59:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR  moved to adopt Amendment  2, labeled AM -  2 to HB
, 2/23/2015, which read [original punctuation provided]:                                                                     
                                                                                                                                
     Page 1, line 11, following "individual;":                                                                                  
      Insert "or"                                                                                                               
                                                                                                                                
      Page 2, lines 5 - 6:                                                                                                      
      Delete"; or                                                                                                               
       (3)  are trade secrets or proprietary business or                                                                        
     financial information"                                                                                                     
     Page 2, line 9:                                                                                                            
      Delete "any records that are"                                                                                             
      Insert "information from a record"                                                                                        
                                                                                                                                
      Page 2, line 11, following "public":                                                                                      
       Insert "and that disclosure of the information is                                                                        
     necessary to address a threat to the health                                                                                
      or safety of the animal, crop, or public"                                                                                 
                                                                                                                                
CO-CHAIR JOSEPHSON objected for discussion purposes.                                                                            
                                                                                                                                
8:00:08 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER said Amendment 2  was requested by stakeholders who                                                               
are   concerned   about   DNR  releasing   proprietary   business                                                               
information  or trade  secrets;  the  amendment deletes  language                                                               
specific to  releasing business information.   Also,  Amendment 2                                                               
expands  proposed [subsection]  (b) to  clarify only  information                                                               
from records,  and not  actual records, may  be disclosed  in the                                                               
event of a public health risk.                                                                                                  
                                                                                                                                
CO-CHAIR JOSEPHSON  surmised in a  public health event,  [DNR and                                                               
/or DEC] would paraphrase or summarize the needed information.                                                                  
                                                                                                                                
MS. CARPENTER said correct.                                                                                                     
                                                                                                                                
REPRESENTATIVE PARISH  said lines 9  and 10 of Amendment  2 imply                                                               
there would be  a redaction of records and asked  for an estimate                                                               
of the staff hours needed to do so.                                                                                             
                                                                                                                                
MS. CARPENTER  said she  was unsure; however,  DEC is  already in                                                               
the  practice of  redacting and  summarizing information  for the                                                               
U.S.  Department  of  Agriculture  and  other  entities  thus  no                                                               
additional staff hours would be required.                                                                                       
                                                                                                                                
REPRESENTATIVE PARISH directed  attention to the bill  on page 2,                                                               
lines 7-11, which read:                                                                                                         
                                                                                                                                
     (b)  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.                                                                                       
                                                                                                                                
REPRESENTATIVE PARISH  directed attention to  lines 13 and  14 of                                                               
Amendment 2 and asked whether  the amendment brings any change to                                                               
the  standard of  proof  by  adding that  the  disclosure of  the                                                               
information is necessary to address the threat.                                                                                 
                                                                                                                                
MS.  CARPENTER said  the department  seeks to  further limit  the                                                               
release of said disclosure to only "when necessary."                                                                            
                                                                                                                                
8:05:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH asked whether  changing the language of the                                                               
bill on page  2, line 9, from "may" disclose  to "shall" disclose                                                               
would  allow the  department to  "better exercise  the discretion                                                               
that already exists within this proposed legislation?"                                                                          
                                                                                                                                
MS. CARPENTER agreed.  She said,  "... it would further limit the                                                               
information that  we would  have to disclose  ... [and]  it would                                                               
raise the bar  on what ... would  be disclosed in the  event of a                                                               
public health threat."                                                                                                          
                                                                                                                                
REPRESENTATIVE  PARISH  questioned  the purpose  of  Amendment  2                                                               
because the  language in the  bill is already  permissive, rather                                                               
than prescriptive.                                                                                                              
                                                                                                                                
CO-CHAIR TARR remarked:                                                                                                         
                                                                                                                                
     As  I  understand it,  is,  what's  being deleted,  the                                                                    
     "trade  secrets or  proprietary  business or  financial                                                                    
     information,"  that's the  part that  stakeholders have                                                                    
     concerns  about, and  this is  an attempt  to eliminate                                                                    
     that concern,  but also have  the space to  release the                                                                    
     records.                                                                                                                   
                                                                                                                                
MS. CARPENTER said correct.                                                                                                     
                                                                                                                                
REPRESENTATIVE TALERICO pointed out section  1 of HB 315 does not                                                               
contain a reference to "the  disclosure of necessary information"                                                               
and opined the intent of the amendment was to do so.                                                                            
                                                                                                                                
REPRESENTATIVE PARISH asked,  "Could the state be  taken to court                                                               
over  the point  of whether  or not  a piece  of information  was                                                               
actually necessary?"                                                                                                            
                                                                                                                                
MS. CARPENTER deferred to the Department of Law (DOL).                                                                          
                                                                                                                                
8:08:39 PM                                                                                                                    
                                                                                                                                
JENNIFER    CURRIE,    Senior   Assistant    Attorney    General,                                                               
Environmental Section,  Civil Division(Anchorage),  DOL, restated                                                               
Representative Parish's question.                                                                                               
                                                                                                                                
REPRESENTATIVE PARISH clarification his question.                                                                               
                                                                                                                                
MS. CURRIE  opined any statute  is subject to  interpretation and                                                               
thus the  state could be subject  to a lawsuit; however,  in this                                                               
regard, because the statute is  centered on the discretion of the                                                               
Office  of   the  State  Veterinarian,   the  necessity   of  the                                                               
disclosure would be given discretion.                                                                                           
                                                                                                                                
CO-CHAIR JOSEPHSON  surmised in a  lawsuit that alleges  a breach                                                               
in the release  of information, the plaintiff would  have to show                                                               
damages, which would be difficult.                                                                                              
                                                                                                                                
MS. CURRIE said  correct and added that damages would  need to be                                                               
enough to support a lawsuit.                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON directed  attention to  the bill  on page  2,                                                               
line 11,  [text previously provided]  and questioned  whether the                                                               
language "an animal" could mean any animal.                                                                                     
                                                                                                                                
MS. CURRIE answered yes.                                                                                                        
                                                                                                                                
8:11:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON withdrew his objection to Amendment 2.                                                                       
                                                                                                                                
REPRESENTATIVE PARISH  objected to  Amendment 2.   He  opined the                                                               
amendment would leave the state  exposed to additional liability.                                                               
Representative  Parish removed  his  objection.   There being  no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
CO-CHAIR TARR asked for discussion on HB 315, as amended.                                                                       
                                                                                                                                
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  Dr.  Gerlach if  there  were  any                                                               
problems  in  terms of  business  or  trade secrets  for  farmers                                                               
importing farm animals,  or with the information  that the Office                                                               
of the State Veterinarian would have to disclose.                                                                               
                                                                                                                                
8:13:53 PM                                                                                                                    
                                                                                                                                
ROBERT  GERLACH, VMD,  State Veterinarian,  Office  of the  State                                                               
Veterinarian, Division of Environmental  Health, DEC, answered he                                                               
did  not believe  the  amendments would  affect  the business  of                                                               
livestock producers who import animals into the state.                                                                          
                                                                                                                                
REPRESENTATIVE TALERICO asked for  clarification on how an animal                                                               
gets  approved  to  be  imported  into  the  state,  and  whether                                                               
importation  is  approved solely  by  DEC  or  also by  the  U.S.                                                               
Department of Agriculture (USDA).                                                                                               
                                                                                                                                
DR. GERLACH explained  an animal traveling on land  would need to                                                               
meet  the Canadian  requirements necessary  to enter  Canada, and                                                               
meet USDA requirements  to leave the U.S.,  enter another country                                                               
and then reenter the U.S.,  in addition to Alaska's requirements.                                                               
If an  animal is flown  in, or travels  to Alaska via  the Alaska                                                               
Marine Highway  System, the animal  would need to meet  state and                                                               
port regulations.                                                                                                               
                                                                                                                                
REPRESENTATIVE TALERICO surmised a  multitude of regulations must                                                               
be met for an animal transported via land-based transportation.                                                                 
                                                                                                                                
DR. GERLACH answered yes.                                                                                                       
                                                                                                                                
CO-CHAIR JOSEPHSON asked  whether it is legal  to import domestic                                                               
animals that may have a disease.                                                                                                
                                                                                                                                
DR. GERLACH  answered no.   The state relies on  the veterinarian                                                               
at the source of origin to  assess an animal; he acknowledged the                                                               
possibility an animal  might not have symptoms of  an illness but                                                               
is  harboring a  pathogen.   If  there is  a  concern, the  state                                                               
relies  on diagnostic  testing.   He reiterated  all animals  can                                                               
harbor  certain pathogens  and could  transport them;  it is  not                                                               
possible  to test  for every  known pathogen,  so the  state uses                                                               
testing  regulations to  address those  of primary  concern which                                                               
would  pose  a threat  to  the  health  and welfare  of  domestic                                                               
animals or wildlife in Alaska.                                                                                                  
                                                                                                                                
8:17:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH asked  whether the actions of  DEC, DNR, or                                                               
the public would  be restricted in the presence  of an infectious                                                               
disease.                                                                                                                        
                                                                                                                                
DR.  GERLACH advised  if animals  came  into the  state and  were                                                               
discovered  to  have  a disease  acquired  during  transport,  or                                                               
exhibited  symptoms   when  they  arrived,  there   would  be  no                                                               
restriction  on  the  state's  ability to  respond  in  order  to                                                               
prevent  the  threat  of  that   disease  to  domestic  stock  or                                                               
wildlife, or to public health.                                                                                                  
                                                                                                                                
REPRESENTATIVE PARISH further inquired  as to whether the ability                                                               
of  a member  of the  general public  to inform  themselves about                                                               
potential disease outbreaks would be constrained by this bill.                                                                  
                                                                                                                                
DR. GERLACH  assured the committee  there is no  restriction upon                                                               
members  of the  general public;  in fact,  his office  regularly                                                               
responds to concerns and provides information in this regard.                                                                   
                                                                                                                                
REPRESENTATIVE RAUSCHER  asked for  clarification on  the state's                                                               
response to a group of animals exhibiting symptoms of disease.                                                                  
                                                                                                                                
DR.  GERLACH  stated  the  state's   response  depends  upon  the                                                               
pathogen,  its  mechanism  of transmission,  and  its  threat  to                                                               
domestic  stock,  wildlife, or  public  health;  for example,  an                                                               
animal exposed  to tuberculosis would be  quarantined and tested.                                                               
If  there were  a high  degree of  concern, the  animal would  be                                                               
returned to its source of origin or euthanized.                                                                                 
                                                                                                                                
8:22:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON  moved to  report HB 315,  as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  315(RES)  was                                                               
reported out of the House Resources Standing Committee.