SENATE CS FOR CS FOR HOUSE BILL NO. 380(RES) "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." 9:32:11 AM This was the first hearing for this bill in the Senate Finance Committee. MICHAEL PAWLOWSKI, Staff to Representative Kevin Meyer, the bill's sponsor, communicated that many "working groups" met over the Legislative interim to develop this bill, which would revise State Statutes pertaining to "the powers of the State Veterinarian and our animals and animal product Statutes". Mr. Pawlowski informed the Committee that the majority of the State's animal Statutes were established prior to 1949 when the majority of "animals were considered livestock". Over time, "the definition of what an animal or animal product is" has changed and State Statutes must evolve to reflect current circumstances. In addition, such things as Avian influenza and other zoonotic diseases must be considered. Mr. Pawlowski proclaimed that the authorities provided to the Department of Environmental Conservation by existing Statutes were deemed "inadequate and the definitions were unclear". As a result, "the State was not in a position to react accordingly in the event of a crisis". This bill "would repeal and reenact the majority of the provisions of Title 3 as they relate to animals and animal products and the power of our State Veterinarian". Mr. Pawlowski contended the changes made to the bill during its committee hearing process produced a good product. The bill would have no fiscal impact. This bill "is one piece of the puzzle" through which to address the threat to humans from Avian influenza and other zoonotic diseases, which could be transmitted by exposure to domestic animals. 9:33:50 AM Co-Chair Green asked for further information about issues that were addressed during the bill's hearing process. 9:34:05 AM Mr. Pawlowski shared that the State's agricultural community had raised concerns. He praised the efforts of the Senate Resources Committee, chaired by Senator Ralph Seekins, in addressing those concerns. To that point, he referenced language in Section 1(b)(3) and (4) beginning on page 2 line 29 and continuing through page 3, line 2 of SCS CS HB 381(RES), Version 24- LS1469\L. This language addressed the procedure through which the State would quarantine or destroy an animal. Existing "Statutes are completely inadequate", as they would provide compensation only for dairy cattle. The compensation levels, ranging from $300 to $500 per animal were also limited by judicial district. The value of dairy cattle today far exceeds that value. Thus, the definition of animal was expanded to align with the federal indemnity payments of the United States Department of Agriculture (USDA) program. Mr. Pawlowski stated that further consideration was provided to address the diversity of animals found in Alaska, such as reindeer, which might not be included for compensation in the federal indemnity program. The compensation would be subject to appropriation. This would "create a vehicle" through which the Legislature could, in an emergency, provide support to the industry and a community "to solve a problem that really wasn't of their making". Co-Chair Green noted that this would address the concern that Committee members might have heard from constituents. In response to a comment from Co-Chair Green, Mr. Pawlowski directed attention to another provision in the bill that had evoked concern: the ability of the DEC commissioner to appoint individuals other than the State's Veterinarian to enforce or manage provisions in Title 3. This language is located in Section 1(b)(2), page 2 lines 25-28. The Senate Resources committee substitute addressed this concern by incorporating on lines 26 and 27 of that subsection, the requirement that the appointed individuals must act under the direction of the State Veterinarian. Mr. Pawlowski stated that were there an Avian influenza outbreak or a foot and mouth outbreak in a reindeer herd, the State Veterinarian must possess the authority to work with municipal officials and local veterinarians, and act as the responsible party in overseeing any action being taken, including the actions of an appointed individual. 9:36:51 AM BOB GERLACK, State Veterinarian, Office of the State Veterinarian, Division of Environmental Health, Department of Environmental Conservation, testified via teleconference from an offnet site. Current State Statutes would allow the State Veterinarian to control the spread of contagious disease provided it originated with livestock, commercial poultry or animals of fur farms. This bill would expand this authority to help protect both domestic and wildlife animal resources as well as public health in the State. Mr. Gerlack stated that this bill would complement HB 95-PUBLIC HEALTH DISASTERS/EMERGENCIES, which was enacted in the year 2005. That bill allowed "public health officials to control the spread of contagious and potentially deadly diseases in people". Mr. Gerlack informed that the regulations in place to control infectious diseases in animals were reviewed in the past. The determination was that they created "an artificial system", as they treated diseases in livestock, wildlife, pets and people as separate issues. "The fact is that infectious diseases are rarely restricted to an individual group or species of animals." They could not be "contained by artificial or geographic boundary" and "could spread very rapidly". The emergence and rapid spread of new diseases in this century has presented "new challenges for the management and control of animals and public health diseases". More than "70 percent of recent infections affecting people are zoonotic diseases", which are diseases that originate in animals but could inflect people. Zoonotic diseases could, on a large scale, negatively impact animal health, food supplies, human health and local and national economies. This should be a concern to all people and industry. Mr. Gerlack proclaimed that diseases could spread into Alaska by the importation of animals or animal products such as dairy, meats, animal feed, or domestic or wild animal movement. Animals could easily transverse the border between Alaska and Canada. Migrating waterfowl could introduce Avian influenza or the West Nile virus into the State. The State Veterinarian must be provided the authority and tools to protect people and animal resources in the State. The current authority is limited in regards to infectious disease control. In addition, no State agency has the authority to manage all groups or categories of animals including domestic livestock, pets, exotic or wild animals. This authority is urgently needed in order to control threats to the State's animal resources or public health. 9:40:58 AM DR. LOUISA CASTRODALE, Division of Public Health, Department of Health and Social Services, testified via teleconference from Anchorage on behalf of Dr. Richard Mandsager, Director of the Division. The Division, which works closely with the State Veterinarian's office on disease investigations that affect both animal and human health, fully supports this bill, as it would strengthen the collaborative effort. 9:41:40 AM CHRISTIAN RYAN, Director, Division of Environmental Health, Department of Environmental Conservation, was available to respond to questions. Co-Chair Green asked which change to the bill was most significant in achieving support for it. Ms. Ryan responded that, during the bill's evolution, "a lot of changes were made to make people more accepting of the legislation". Broadening the definition of which animals could be quarantined by the State from livestock to all animals had tremendous impact; however, many people were supportive of the bill due to fear of the Avian flu and other diseases that might occur. The addition of the indemnity clause through which the State could reimburse people for animals that might be taken also satisfied many concerns. The addition of the language specifying that no action could be taken without the approval of the State Veterinarian was also an important element. These conditions appear to satisfy the concerns. Co-Chair Green noted the Alaska Department of Fish and Game had provided a pamphlet [copy on file] titled "A Field Guide To Common Wildlife Diseases and Parasites in Alaska". 9:43:13 AM Senator Bunde moved to report the bill from Committee with individual recommendations and accompanying fiscal notes. There being no objection, SCS CS HB 380(RES) was REPORTED from Committee with previous zero fiscal note #1 dated February 6, 2006 from the Department of Environmental Conservation. AT EASE 9:44:14 AM / 9:46:12 AM