Legislature(1999 - 2000)
04/14/1999 04:00 PM Senate RES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE RESOURCES COMMITTEE
April 14, 1999
4:00 p.m.
MEMBERS PRESENT
Senator Rick Halford, Chairman
Senator Pete Kelly
Senator Jerry Mackie
Senator Lyda Green
Senator Sean Parnell
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Robin Taylor, Vice Chairman
COMMITTEE CALENDAR
SENATE BILL NO. 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."
-MOVED CSSB 132(RES) OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 15(WTR)
Relating to support for the "American Land Sovereignty Protection
Act" in the United States Congress.
-SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
SB 132 - No previous action to consider.
HJR 15 - No previous action to consider.
WITNESS REGISTER
Mr. Bruce Campbell, Aide
Senator Randy Phillips
State Capitol Bldg.
Juneau, AK 99811-1182
POSITION STATEMENT: Commented on SB 132 for the sponsor.
Ms. Janice Adair, Director
Division of Environmental Health
Department of Environmental Conservation
555 Cordova St.
Anchorage, AK 99501
POSITION STATEMENT: Opposed SB 132.
Mr. Herb Simon
Nilchina, AK
POSITION STATEMENT: Supported SB 132.
ACTION NARRATIVE
TAPE 99-25, SIDE A
Number 001
SB 132-TRANSFERRING CERTAIN DEC FUNCTIONS
CHAIRMAN HALFORD called the Senate Resources Committee meeting to
order at 4:00 p.m. and announced SB 132 to be up for consideration.
MR. BRUCE CAMPBELL, aide to Senator Randy Phillips, sponsor of SB
132, proposed to bring possible efficiencies to government by
bringing more industries and related food investigations to the
Department of Natural Resources (DNR) and the Department of
Environmental Conservation (DEC). He explained the new committee
substitute (CS) before the committee places seafood and food
inspections in the Division of Agriculture as is done in all other
states.
SENATOR MACKIE asked if the Department supports the bill.
MR. CAMPBELL said he didn't have anything that looked like complete
support from any department at this point in time.
SENATOR MACKIE moved to adopt the CS to SB 132. There were no
objections and it was so ordered.
CHAIRMAN HALFORD asked if the bill addresses Hatcher Pass.
MR. CAMPBELL responded that sections 28 and 33 enable the Mat-Su
Borough to fulfill its general land grant entitlement with fringe
land in the Hatcher Pass area.
SENATOR GREEN asked about the extent of the food inspection.
MR. CAMPBELL responded that currently most food inspection is split
between the Division of Agriculture and DEC. The bill moves the
food inspection function back to the Division of Agriculture.
SENATOR GREEN asked if that includes raw food.
MR. CAMPBELL answered that includes both, as in most other states.
Restaurant inspection is included as well.
CHAIRMAN HALFORD asked if DEC will still handle inspections of
sewer and water systems.
MR. CAMPBELL answered yes.
Number 70
SENATOR GREEN said one of her constituents questioned the inclusion
of bison and reindeer.
CHAIRMAN HALFORD added that language on page 2, line 11 says that
the Commissioner shall regulate the farming of elk and asked why it
doesn't include bison and reindeer that are in captivity now.
MR. CAMPBELL responded that it would make little sense for them to
be regulated by DEC.
CHAIRMAN HALFORD replied that it's because they are doing
inspection of the meat.
MR. CAMPBELL said he didn't know the history of this legislation.
SENATOR MACKIE asked if they are transferring the money as well as
the responsibilities.
MR. CAMPBELL replied that was the intent of the Senate Finance
Committee.
SENATOR GREEN said her concern is that this will eventually come
out of the Agricultural Revolving Loan Fund (ARLF) funding like the
rest of the Division of Agriculture.
MS. JANICE ADAIR, Director, Environmental Health, DEC, said that
not enough money was going to DNR to fund the transferred
functions. Therefore the general fund would supply more of the
funds. She explained that reindeer are not listed in this bill
because reindeer are domestic animals and DEC has the authority
under its general animal authority to deal with them and bison. She
thought splitting the authority would cost the State and the
regulating authorities more.
MR. HERB SIMON, Nilchina, supported SB 132. He said he thought
putting the food inspections under DNR would be much more
efficient. He said his industry has wanted this consolidation for
a long time as it would eliminate a lot of redundancy in terms of
staff and people wearing "specialized hats."
CHAIRMAN HALFORD asked if he expected to see DEC doing restaurant
inspections in rural areas.
MR. SIMON answered that he didn't and then said, "If you're gonna
move it, move it all over there."
CHAIRMAN HALFORD agreed that this bill was a step in the right
direction. He still envisions someone else taking water samples,
dealing with the sewer system and looking at refrigerator
temperatures, etc. He didn't think the people involved have had
much incentive to consolidate their activities no matter how much
the Legislature tries to consolidate their functions.
Number 260
MS. CAROL CARROLL, legislative liaison, DNR, said she was
responding to the original bill and asked why they are doing it in
the first place if it doesn't save any money and make their jobs
easier. She said the Department agrees with the Hatcher Pass
public use area section; however, it would like to look at the
legal description.
SENATOR PARNELL responded that the reason for doing it has to do
with the missions of the departments and how they might be better
aligned. He asked her if she thought it was more in alignment with
DNR or DEC.
MS. CARROLL answered that DNR is generally in the development part
of the business, not the regulatory part, and would like to keep it
that way.
SENATOR PARNELL asked her if DNR is not a regulatory department
according to its mission.
MS. CARROLL answered generally DNR focuses on development.
SENATOR PARNELL asked if there is a regulatory component of DNR's
mission.
MS. CARROLL explained that DNR does permitting and inspections for
oil and gas and whenever it does timber and land sales. But, it
emphasizes development and revenue generating areas instead of the
regulation of customers.
Number 350
CHAIRMAN HALFORD asked who is in charge of restaurant dishwashing
procedures.
MR. CAMPBELL answered that is part of DEC's Title 17.20 regulatory
authority.
CHAIRMAN HALFORD asked who does room inspections.
SENATOR MACKIE said he didn't remember anyone doing those; there
are bar, kitchen, and dining room inspections. The Fire Marshall
would inspect for fire exits.
SENATOR LINCOLN said she thought that DNR should have the
opportunity to review the CS before it left the committee. SB 132
went from a six page bill to 15 pages and DNR has not had an
opportunity to review the Resources version.
SENATOR PARNELL moved to pass CSSB 132(RES) from committee with
individual recommendations. SENATOR LINCOLN objected.
CHAIRMAN HALFORD asked for a hand vote. SENATORS HALFORD, KELLY,
PARNELL, and MACKIE voted yes; SENATOR LINCOLN voted no.
CHAIRMAN HALFORD adjourned the meeting at 4:37 p.m.
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