Legislature(2021 - 2022)BUTROVICH 205
03/09/2022 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB223 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 223 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 223-CONFIDENTIALITY OF ANIMAL RECORDS
3:36:14 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 223
"An Act relating to the confidentiality of certain state records
relating to animals; and providing for an effective date."
3:37:04 PM
SENATOR ROBERT MYERS, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 223, stated that there have been a number of
iterations of this bill, but the basic premise is to address
privacy concerns about information associated with animal
records. He deferred further introduction to Michaella Anderson
3:37:54 PM
MICHAELLA ANDERSON, Staff, Senator Robert Myers, Fairbanks,
Alaska, introduced SB 223 on behalf of the sponsor speaking to
the following sponsor statement:
This proposed legislation would make selected
information that livestock producers must disclose to
the State of Alaska confidential and not subject to
public disclosure resulting in protection for
livestock producers' proprietary business interests.
The Department of Environmental Conservation will
still be able to release information to other
government officials regarding disease outbreaks to
protect human and animal health. It would also
encourage animal owners to voluntarily test their
animals as they would have the assurance that testing
results would be considered confidential under state
law.
Alaskan livestock producers are already required to
disclose information to comply with state and federal
rules and regulations, such as animal importation
paperwork, test results, farm location, and animal
identification. Under current statutes these records
are public records under Alaska Statute 40.21
(Management and Preservation of Public Records) and
are subject to disclosure to the public upon request.
This creates a considerable competitive disadvantage
for a livestock producer operating in Alaska. In
addition, because animal owners know that certain test
results and animal records are subject to public
record requests, some have declined to have animals
tested voluntarily for contagious diseases. Lack of
testing has the potential to increase the risk of
animal disease outbreaks due to a reluctance to submit
non-regulatory test results to the State or to ask the
State for guidance or outbreak intervention. An
outbreak of disease could cause significant threats to
animal health, public health, the environment, the
food supply, and the agricultural industry. Voluntary
testing of animals decreases the potential for more
serious outbreaks. Changing statute to make
proprietary information confidential will remove this
downside to voluntary testing.
Confidential records may still be disclosed to other
local, state, or federal health officials if there is
a threat to the health or safety of an animal or the
public under the proposed changes. The Department
would continue to keep the public informed of known
animal diseases but will release information in a way
that does not identify a particular owner or animal.
Business owners that the Department regulates in other
sectors of food production in Alaska are allowed to
keep this type of information out of the public
domain. AS 40.25.120 lists 16 situations where public
records may be withheld from public inspection,
including "records required to be kept confidential by
a federal law or regulation or by state law." The lack
of a similar exemption for animal testing works
against the interests of private business owners in
the agricultural sector, and against the interests of
public and environmental health.
MS. ANDERSON stated that the fiscal note for SB 223 is zero.
3:39:53 PM
MS. ANDERSON read the following sectional analysis for SB 223:
Section 1. AS 03.05 is amended by adding a new section
AS 03.05.084 Confidentiality of certain information;
exceptions
a. Notwithstanding 03.05.010(a)(2), records related
to an animal shall be maintained by Department of
Environmental Conservation is confidential and
not subject to disclosure under the Alaska Public
Records Act if the record
1. Identifies an individual animal, breed of
animal, business, or animal owner;
2. Contains record of test results or samples for
an individual animal; or
3. Contains trade secrets or proprietary business
or financial information
b. Notwithstanding (a.), the Department of
Environmental Conservation may disclose
information to other governments or government
agencies if the department determines there is a
health or safety threat to animals or the public
and disclosure of information is necessary to
address the threat
c. If the Department of Environmental Conservation
discloses information under (b.), the department
shall then, upon request, disclose that
information to the public as long as it does not
identify a person or animal
Section 2. Adds a new section to read: TRANSITION:
REGULATIONS. The Department of Environmental
Conservation may adopt regulations necessary to
implement this Act. The regulations take effect under
AS 44.62 (Administrative Procedure Act), but not
before the effective date of the law implemented by
the regulation.
Section 3. Section 2 takes effect immediately under AS
01.10.070(c).
3:42:15 PM
SENATOR KIEHL asked how this compares to the other inspections
that the Department of Environmental Conservation is responsible
for performing.
MS. ANDERSON deferred to the department to answer how this
compares to other inspections. She directed attention to a
sample DEC inspection document that was distributed to the
committee that shows the information that is subject to
disclosure about the owner when an animal is imported into or
tested in the state. The information includes an individual or
business name, phone number, and microchip number.
3:43:37 PM
SENATOR KAWASAKI asked why somebody might want this information.
MS. ANDERSON answered that there are record requests to track
when animals come into the state and are sold under certain
state trademarks. There have also been record requests
concerning test results to track diseases such as rabies. The
bill would allow records requests to determine whose dogs have
rabies or whose goats and sheep have disease that can pass to
wild populations.
SENATOR KAWASAKI offered his perspective that it was a good idea
to know about disease like rabies in a community.
MS. ANDERSON responded that DEC and the State Veterinary Office
could share that information between agencies, but under the
bill personal contact information and whether or not a specific
dog had rabies would not be available to the public.
SENATOR KAWASAKI indicated he would have questions for DEC.
3:45:34 PM
CHAIR REVAK turned to invited testimony on SB 223.
3:45:56 PM
KEVIN KEHOE, President, Alaska Wild Sheep Foundation (AWSF),
Anchorage, Alaska, testified on SB 223 by invitation. He stated
support for the concept of confidentiality of domestic animal
testing and specific support for version 32-LS1471\G, [which was
not the bill the committee was considering]. He said the primary
purpose of AWSF is to promote the health and welfare of Alaska's
wild Caprinae species, which includes Dall sheep, Rocky Mountain
goats and Muskox. He reported that AWSF had contributed more
than $2.5 million to the Alaska Department of Fish and Game
(ADF&G) as a 3:1 match for federal wildlife restoration funding.
These contributions leveraged about $10 million for wildlife in
Alaska.
MR. KEHOE said AWSF's interest in the bill stems from their
ongoing efforts to prevent the spread of disease pathogen
Mycoplasma ovipneumoniae (M. ovi) from domestic to wild sheep
and goat populations. Domestic breeders were concerned about
confidentiality when they had their animals tested because it
had the potential to harm their professional reputation. This
concern caused some breeders to avoid testing.
MR. KEHOE stated that AWSF agrees that test results that
identify specific individuals, animals or farms should be kept
confidential. However, the original version of SB 223 did not
allow the release of summary management information to
organizations such as AWSF that are vital stakeholders in the
wildlife support process. The language in the committee
substitute (CS) [work order 32-LS1571\B] corrects that
deficiency. [The committee did not adopt version B as the
working document until the 4/4/22 hearing on SB 223.]
3:48:20 PM
SENATOR MICCICHE asked for the page and line in version B where
that provision was added.
MR. KAHOE deferred to Ms. Anderson to identify the location of
that addition in the CS.
3:48:50 PM
CHAIR REVAK explained that the other body added that provision
to the companion bill that is going through the process, and his
office was working with the sponsor to draft a committee
substitute (CS) for SB 223 that would include that provision.
3:49:19 PM
SCOTT MUGRAGE, President, Alaska Farm Bureau (AFB), Delta
Junction, Alaska, stated that he was testifying on behalf of the
Alaska Farm Bureau in support of SB 223. He relayed that AFB's
mission is to promote the economic wellbeing and expansion of
agriculture and enrich the quality of life for all Alaskans.
This is done through member driven advocacy and the promotion of
agriculture-friendly policies. He highlighted that when AFB
takes a position on an issue, it is coming from Alaskan farmers
and ranchers.
MR. MUGRAGE said AFB has been working for several years to get
the protections provided in SB 223 in place. Concerns about
confidentiality of animal records is what has made many farmers
reluctant to have their farm information go through an agency
like the Department of Environmental Conservation (DEC). When
state and federal laws require information to go through DEC for
such things as importing animals and testing animals or farms,
he said it's like going through a disease surveillance program.
There's a good reason for this because it helps mitigate a
problem and prevent an outbreak. Now that Alaska is trying to
increase its food production, it is particularly important to
have these protections in place.
MR. MUGRAGE stated that if more farmers were to participate in
testing, it could result in higher quality products, more
efficient production, help in the early detection of possible
outbreaks, and give agencies time to respond appropriately in
the event of an outbreak. Provisions in SB 223 will ensure that
the public will have access to information about animals that
are imported into the state and the parasites and pathogens that
are found in Alaska, but the information will be big picture to
protect the identify of a particular owner or animal. SB 223
also has provisions to allow confidential information to be
disclosed to the relevant health officials so that problems that
arise can be mitigated.
3:53:04 PM
SUZY CROSBY, Owner, Cottonwood Creek Farm, Wasilla, Alaska,
stated wholehearted support for SB 223, the confidentiality
bill. She agreed with Mr. Mugrage about the importance of
testing and also the negative effect if an animal tests positive
and the information that is released to the public is so
granular it identifies the specific animal and farm. That farmer
is suddenly a pariah in the community, and that discourages that
farmer and others from testing in the future. She said it's a
big issue for livestock owners to know that their personal
information is protected when they participate in available
programs. She encouraged the committee to pass the bill.
3:55:20 PM
KELLI FOREMAN, Assistant Executive Director, Kodiak Baptist
Mission, Heritage Farm Ranch, Kodiak, Alaska, stated that she
was calling to voice full support of [SB 223]. She shared that
she had 22 after school farm and ranch kids with her and that
she explained the bill to them with an analogy. She asked the
kids to imagine her standing up and describing in detail how
each of them had done on their subject matter tests. Everyone
would hear that Reilly did very poorly in an area, how Lilly
did, that Grayson was weak in an area, and that Fletcher was the
star student. Doing that would decrease her ability to teach the
kids and would not help them grow as individuals.
Confidentiality of animal records is the same. Alaska farmers
are working to increase sustainability and expand, and with that
comes the need to test in order to be and do better. There needs
to be a little buffer, she said. For the kids it's that everyone
doesn't have detailed knowledge about their test scores and for
farmers it's the ability to test their herds to mitigate a
problem before it becomes an outbreak, but without the specific
information about the animal and farm being released to the
public.
MS. FOREMAN relayed that she runs the goat dairy at the farm and
the test results for the milk that goes on the shelf at the
grocery store is and should be completely disclosed to the
public. But the confidentiality provisions in SB 223 are also
important to encourage testing for things like Mycoplasma
ovipneumoniae (M. ovi).
3:57:10 PM
SENATOR STEVENS joined the meeting.
3:58:07 PM
CHAIR REVAK opened public testimony on SB 223.
3:58:21 PM
JENNIFER YUHAF, representing self, Fairbanks, Alaska, stated
support for SB 223 with the amendments previously discussed. She
relayed that she is a health care professional and a privacy
rights advocate. What she sees in the bill is that the
information that is necessary to ensure health and enforcement
is already collected, but it doesn't belong in the public
domain. That is why she supports the bill.
4:00:09 PM
CHAIR REVAK closed public testimony on SB 223.
4:00:27 PM
SENATOR KIEHL asked which inspection reports for animals and
food stuffs are subject to public disclosure and which are
confidential. He mentioned Paralytic Shellfish Poison (PSP)
testing for commercial shellfish, restaurant inspections, and
diary inspections.
4:01:08 PM
CHRISTINA CARPENTER, Director, Division of Environmental Health
(DEH), Department of Environmental Conservation, Anchorage,
Alaska, advised that the division houses the state veterinarian,
the food safety and sanitation program, and the drinking water
program. Those records currently are subject to public
disclosure and DEH publishes restaurant inspections and drinking
water results for public water systems online. HB 223 would take
a very limited scope of the records the state veterinarian's
office maintains and shield the personally identifying
information.
4:02:16 PM
SENATOR KIEHL asked when and for what purpose these inspections
are done. He recalled that restaurants are inspected on a
regular schedule and said he knows that commercial shellfish
farmers test all product before it goes to market. He asked how
frequently and the purpose of the agriculture testing that's
addressed in the bill.
MS. CARPENTER answered that the bill is designed to encourage
surveillance testing so DEH is able to understand what pathogens
currently are in domestic livestock. The testing generally is
not done on a specific frequency, but the division does have a
voluntary chronic wasting disease surveillance program for
reindeer herders in Alaska. Regular testing provides a baseline
so the response can be timelier if disease is found.
SENATOR KIEHL said he was trying to tease out why these records
need to be confidential while others remain public.
4:04:48 PM
SENATOR MICCICHE asked if any of the diseases that are tested
for are transmissible to humans.
MS. CARPENTER answered yes. Rabies, for example, is a disease
that is transmissible between humans and animals. The Alaska
Department of Fish and Game (ADF&G) has a surveillance program
for wildlife and DEH has programs to test domestic animals. In
the event of a disease outbreak, all the state and local
government agencies can respond.
4:05:51 PM
SENATOR MICCICHE asked if DEH tests for any diseases that are
transmissible to humans through meat products.
MS. CARPENTER answered yes, but she would have to follow up with
the details because the state veterinarian wasn't online.
4:06:55 PM
SENATOR MICCICHE asked if someone who sells livestock could
provide testing information to a buyer if they chose to do so.
MS. CARPENTER answered that is correct.
4:07:39 PM
CHAIR REVAK asked her to confirm that SB 223 does not hinder
DEC's ability to respond to a disease outbreak. It proposes to
keep the unique identifying information about animals and owners
confidential.
MS. CARPENTER answered that the bill would not hinder the
department in any way. The intention of limiting the release of
personal identifying information is to encourage testing and
facilitate a timelier response in the event that a pathogen or
disease outbreak is identified.
4:09:19 PM
CHAIR REVAK recapped that livestock owners are less likely to
have their animals tested if they know that their names and the
disease found in their herd is public information. The
confidentiality proposed in SB 223 could actually help public
safety.
MS. CARPENTER answered that is correct.
CHAIR REVAK asked if this would hinder public safety in any way.
MS. CARPENTER answered no.
4:10:20 PM
CHAIR REVAK held SB 223 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB223 Sectional Analysis 3.7.2022.pdf |
SRES 3/9/2022 3:30:00 PM |
SB 223 |
| SB223 Letter of Support Alaska Farm Bureau.pdf |
SRES 3/9/2022 3:30:00 PM |
SB 223 |
| SB223 Sponsor Statement 3.7.2022.pdf |
SRES 3/9/2022 3:30:00 PM |
SB 223 |
| SB223 Supporting Documents Sample Veterinary Inspection Form.pdf |
SRES 3/9/2022 3:30:00 PM |
SB 223 |