00 HOUSE BILL NO. 362                                                                                                    
01 "An Act relating to the use of space for military lounges in state-owned or state-                                      
02 controlled airports."                                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 02.15.090(a) is amended to read:                                                                  
05  (a)  In operating an airport or air navigation facility owned or controlled by the                                    
06 state, the department may enter into contracts, leases, and other arrangements covering                                 
07 periods not exceeding 55 years with a person, municipality, or the United States,                                       
08 granting the privilege of using or improving an airport or air navigation facility or a                                 
09 portion of it or space in it for commercial, governmental, or other public purposes,                                    
10 including private plane tie down; or conferring the privilege of supplying goods,                                       
11 commodities, services, or facilities at an airport or air navigation facility.  The                                     
12 department may establish the terms and conditions and fix the charges, rentals, and                                     
13 fees for the privileges or services that are reasonable and uniform for the same class                                  
14 of privilege or service.  Charges, rentals, or fees authorized by this subsection may be                                
01 fixed for the international airports by order of the commissioner or by negotiated or                                   
02 competitively offered contract.  Notwithstanding AS 37.10.050(a), the fixing of                                         
03 charges, rentals, or fees as permitted under this subsection is not subject to the                                      
04 adoption of regulation provisions of AS 44.62 (Administrative Procedure Act).  The                                      
05 terms, conditions, charges, rentals, and fees shall be established with due regard to the                               
06 property and improvements used and the expense of operation to the state.  However,                                     
07 use of state land and buildings by the Alaska Wing, Civil Air Patrol ,  and its squadrons ,                          
08 and the use of space in state-owned or state-controlled airports as lounges for                                         
09 members of the United States armed forces, the Alaska National Guard, the                                               
10 Alaska Naval Militia, or the Alaska State Militia, if the lounges are operated by                                       
11 persons exempt from taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code),                                        
12 shall be permitted without rental charges.  The department shall provide for public                                     
13 notice and an opportunity to comment before a charge, rental, or fee is fixed by order                                  
14 of the commissioner as permitted under this subsection.  The public may not be                                          
15 deprived of its rightful, equal, and uniform use of the airport, air navigation facility,                               
16 or a portion of them.