HOUSE BILL NO. 380 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; and providing for an effective date. 1:47:38 PM Co-Chair Chenault MOVED to ADOPT work draft #24-LS1469\Y, Bannister, 2/27/06, as the version of the bill before the Committee. There being NO OBJECTION, it was adopted. 1:48:18 PM MICHAEL PAWLOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER, provided an overview of HB 380. The bill is a product resulting from an interim work group between the Department of Environmental Conservation, the Department of Fish and Game, the Department of Natural Resources and the Division of Agriculture. HB 380 provides a repeal and reenactment of the powers of the Department of Environmental Conservation and the statutes that authorize the State veterinarian. Most of those powers were passed in 1949, prior to statehood and do not adequately reflect present threats, facing Alaskans and animals in the State. Mr. Pawlowski said the primary problem is that the definition of an "animal", historically was limited to "livestock"; that made sense in the 1940's and 1950's when all animals were considered "livestock." The Department currently has no authority to quarantine an animal if it is a pet and not livestock. Mr. Pawlowski reiterated that HB 380 reflects cooperative efforts between the above-mentioned departments. He highlighted changes made in the committee substitute. · Page 2, Lines 28-31, speaks to when the Department adopts regulations, which grant powers regulated in that section. The commissioner should give substantial weight to the State standards. Issues arose with granting authority already existing in statute. The concern would be that the issue would reopened regulatory powers. Also, there is concern that standard regulatory practices, when related to livestock, can be "messy". The State does not want to open-the-door for unnecessary shut downs in industry practices. 1:51:48 PM · The second change highlights the controversial portions of the bill in Section 3, the granting of powers to inspect a premise. The Department of Natural Resources and the Department of Environmental Conservation govern that section jointly. The key between the two departments is what product is being regulated. The Department of Environmental Conservation has the oversight of animals and animal products; the Department of Natural Resources has the oversight of agriculture products. In the original bill, the House Resources Committee allowed the inspection of the premise anytime day or night; the proposed bill returns the language to hours of a normal business day and adds: "Anytime that the Commissioner determines that there is an immediate threat to the health or safety of an animal or the general public." 1:53:24 PM Mr. Pawlowski said, those were the main changes, indicating other minor changes that would be addressed through testimony and the amendments. 1:53:50 PM Vice Chair Stoltze referenced Section 4, and asked why language was specifically included, delegating the commissioner's powers. Mr. Pawlowski understood that language related to the State veterinarian and the manner in which the role of the commissioner and veterinarian interact. He referenced Page 2, Lines 23-26, designating that authority and requested the Department answer why the structure was placed into the bill. 1:55:35 PM DR. ROBERT GERLACK, ALASKA STATE VETERINARIAN, ANCHORAGE, testified that the bill was introduced to look at disease problems existing in Alaska. He spoke about diseases now existing, which are "crossing the boundaries" between pets and livestock. It is known that the diseases can be transmitted not only through the animals but also through the animal products. Restricting authority to specific categories of animals would leave both livestock and wildlife susceptible to health threats. He emphasized certain diseases would have great impact on society. Dr. Gerlack listed diseases that could be transmitted to products; the avian influenza, African swine fever and hoof and mouth. 1:58:28 PM Dr. Gerlack explained that the intent of the legislation was to expand the authority to protect livestock industry and animals on farms new to the industry as well as addressing human public health concerns. 2:01:46 PM Mr. Gerlack offered to answer questions of the Committee. Vice Chair Stoltze noted Page 4, Section 4, and asked if that reference was to the State veterinarian. Mr. Gerlack advised the language would allow the State veterinarian to be the inspector but in situations, in which an area could not be attended, there would be designating language for the appropriate authority to provide the necessary investigation with trained personnel. 2:02:58 PM Vice Chair Stoltze supported someone with the appropriate expertise being given that authority rather than a political appointee. 2:03:53 PM SABRINA FERNANDEZ, (TESTIFIED VIA TELECONFERENCE), ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, offered to answer questions of the Committee. STEVE MULDER, (TESTIFIED VIA TELECONFERENCE), ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, ANCHORAGE, noted that he was available for questions. LOUISA CASTRODALE, (TESTIFIED VIA TELECONFERENCE), DIVISION OF PUBLIC HEALTH, DEPARTMENT OF HEALTH & SOCIAL SERVICES, ANCHORAGE, testified on behalf of Dr. Richard Mandsager, Director of the Division of Public Health. She noted that there offices was in full support of the legislation. They work closely with the State veterinarian; it is essential for those involved in the human health field to be confident in animal quarantine and isolation authority. 2:05:50 PM ROB ARNO, (TESTIFIED VIA TELECONFERENCE), ALASKA OUTDOOR COUNCIL (AOC), MATSU, mentioned that AOC's statewide membership depends on a wild-food harvest and members are concerned about the health of that harvest. AOC supports passage of HB 380. 2:06:57 PM LARRY DEVILBISS, (TESTIFIED VIA TELECONFERENCE), DIRECTOR, DIVISION OF AGRICULTURE, DEPARTMENT OF NATURAL RESOURCES, ANCHORAGE, testified in support of the proposed legislation. He stated that the committee substitute was an improvement as it clarifies the role of each department. 2:08:20 PM Vice Chair Stoltze noted that commercial fishermen often were included in proposals of this nature and asked why they were not. 2:10:13 PM KRISTIN RYAN, DIRECTOR, DIVISION OF ENVIRONMENTAL HEALTH, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, advised that the Department of Environmental Conservation did include fish in their definition of animal products; however, the Department of Fish and Game regulates wild fish; no one has the authority to regulate "domestic" fish. The definition of agricultural products does not include fish. Vice Chair Stoltze voiced his frustration. 2:11:30 PM Representative Kelly asked about available responses to threats from the avian flu. Mr. Pawlowski understood that the proposed legislation could address the gaps in authority where there is no oversight or testing, letting diseases "slip through the cracks". Dr. Gerlach added that the intent of HB 380 is to identify other diseases besides the avian influenza, such as monkey pokes coming into this country with the import of rats from Africa. Some rats were intermixed at a pet store and from that, infection spread to a number of people in the Midwest. The legislation provides a first step in dealing with situations that may be problematic. He emphasized that Alaska cannot always rely on voluntary cooperation. 2:15:15 PM Vice Chair Stoltze asked if there was any circumstance in which rodents could be regulated at State fairs. Dr. Gerlach replied they would be if they carried a disease that could impact people. 2:15:57 PM Co-Chair Meyer MOVED to ADOPT Amendment #1, 24-LS1469\Y.1, Bannister, 2/28/06, which would delete all material on Page 2, Lines 21-22 and would insert: "(1) Adopt a schedule of fees or charges, and credit provisions, for services related to animals and animal products rendered by state veterinarian to farmers and others at their request, and all the receipts from the fees and charges shall be transmitted to the commissioner for deposit in the state treasury:". Vice Chair Stoltze OBJECTED. Mr. Pawlowski explained that Amendment #1 addresses concerns voiced by Representative Holm. The concern was to Page 2, Lines 21 & 22, determining that the fee authority was too broad. The proposed language goes back to the original statute and keeps the fees charged for services related to animals and animal products, to the farmers and others at their requests. The State lab does a lot of testing at the request of individuals and farmers and needs the authority to charge a fee for services. He advised that the Department supported the correction. Vice Chair Stoltze WITHDREW his OBJECTION. There being NO further OBJECTION, Amendment #1 was adopted. 2:17:40 PM Co-Chair Meyer MOVED to ADOPT Amendment #2, #24-LS1469\Y.2, Bannister, 2/28/06. Vice Chair Stoltze OBJECTED. Mr. Pawlowski recommended that language be deleted on Amendment #2, Lines 7 & 8, as it was no longer necessary with passage of Amendment #1. Co-Chair Meyer MOVED to AMEND #2 as recommended. 2:19:13 PM Mr. Pawlowski explained that the amendment addresses the distinction and jurisdiction on animal and animal products versus agricultural products. Amendment #2 provides clarifying language, which Representative Holm commented that it would "tighten it up". The Department of Environmental Conservation supports the amendment. 2:19:36 PM Vice Chair Stoltze WITHDREW his OBJECTION. There being NO further OBJECTION, Amendment #2 was adopted. 2:19:58 PM Representative Foster MOVED to REPORT CS HB 380 (FIN) out of Committee with individual recommendations and with zero note #1 by the Department of Natural Resources. There being NO OBJECTION, it was so moved. CS HB 380 (FIN) was reported out of Committee with a "no recommendation" and with zero note #1 by the Department of Natural Resources. 2:21:00 PM