00 CS FOR HOUSE BILL NO. 217(FIN) 01 "An Act relating to civil liability for risks inherent in farm touring; relating to the state 02 and municipal procurement preferences for agricultural products harvested in the state 03 and fisheries products harvested or processed in the state; relating to merchandise sold 04 and certain fees charged or collected by the Department of Natural Resources; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07  * Section 1. AS 03.05.010 is amended by adding a new subsection to read: 08 (c) The commissioner of natural resources may sell promotional merchandise 09 related to the "Alaska Grown" trademark and may charge or collect a fee for the sale 10 of promotional merchandise related to the "Alaska Grown" trademark. The 11 commissioner may issue a license and charge a license fee for the sale of promotional 12 merchandise related to the "Alaska Grown" trademark. The commissioner shall price 13 merchandise sold by the commissioner under this subsection in a manner that ensures 01 a reasonable monetary return to the state. To the extent practicable, the commissioner 02 shall sell only merchandise produced or manufactured in the United States that, 03 subject to AS 36.30, is procured from either an Alaska bidder or a person that employs 04 prisoners under AS 33.30.191(b). 05  * Sec. 2. AS 09.65.290(e)(3) is amended to read: 06 (3) "sports or recreational activity" 07 (A) means a commonly understood sporting activity, whether 08 undertaken with or without permission, including baseball, softball, football, 09 soccer, basketball, hockey, bungee jumping, parasailing, bicycling, hiking, 10 swimming, skateboarding, horseback riding and other equine activity, farm  11 touring, dude ranching, mountain climbing, river floating, whitewater rafting, 12 canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry 13 or helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding, 14 telemarking, snow sliding, snowmobiling, off-road and all-terrain vehicle use; 15 (B) does not include 16 (i) boxing contests, sparring or wrestling matches, or 17 exhibitions that are subject to the requirements of AS 05.10; 18 (ii) activities involving the use of devices that are 19 subject to the requirements of AS 05.20; or 20 (iii) skiing or sliding activities at a ski area that are 21 subject to the requirements of AS 05.45. 22  * Sec. 3. AS 09.65.290(e) is amended by adding a new paragraph to read: 23 (4) "farm touring" means briefly visiting a farm to observe or 24 experience aspects of raising, growing, producing, cultivating, harvesting, or 25 processing an agricultural product as a tourist, without receiving pay. 26  * Sec. 4. AS 29.71.040(a) is repealed and reenacted to read: 27 (a) If a municipality that receives state money seeks to purchase an 28 agricultural product and an agricultural product harvested in the state is available that 29 is of like quality compared with a similar agricultural product harvested outside the 30 state, the municipality 31 (1) shall purchase the product harvested in the state if the product is 01 priced not more than seven percent above the similar product harvested outside the 02 state; 03 (2) may purchase the product harvested in the state only if the product 04 is priced not more than 15 percent above the similar product harvested outside the 05 state. 06  * Sec. 5. AS 29.71.040(b) is repealed and reenacted to read: 07 (b) If a municipality that receives state money seeks to purchase a fisheries 08 product and a fisheries product harvested or processed within the jurisdiction of the 09 state is available that is of like quality compared with a similar fisheries product 10 harvested or processed outside the jurisdiction of the state, the municipality 11 (1) shall purchase the product harvested or processed within the 12 jurisdiction of the state if the product is priced not more than seven percent above the 13 similar product harvested or processed outside the jurisdiction of the state; 14 (2) may purchase the product harvested or processed in the jurisdiction 15 of the state only if the product is priced not more than 15 percent above the product 16 harvested or processed outside the jurisdiction of the state. 17  * Sec. 6. AS 29.71.040(c) is amended to read: 18 (c) A solicitation by a municipality for the purchase of agricultural or fisheries 19 products must include written notice of the purchase requirements and limitations  20 under (a) and (b) of this section and [SHALL] specify [THE REQUIREMENT] that 21 agricultural products harvested in the state and fisheries products harvested or  22 processed within the jurisdiction of the state will [SHALL] be used where possible,  23 subject to the limitations under (a) and (b) of this section. If a municipality that 24 receives state money purchases agricultural products harvested outside the state or 25 fisheries products harvested or processed outside the jurisdiction of the state, the 26 municipal officer responsible for the purchase shall certify in writing the reasons that 27 agricultural products harvested in the state or fisheries products harvested or  28 processed within the jurisdiction of the state were not purchased. 29  * Sec. 7. AS 36.15.050(a) is amended to read: 30 (a) When agricultural products are purchased by the state or by a school 31 district that receives state money, a [SEVEN PERCENT] preference not less than  01 seven percent nor more than 15 percent shall be applied to the price of [THE] 02 products harvested in the state. 03  * Sec. 8. AS 36.15.050(b) is amended to read: 04 (b) When fisheries products are purchased by the state or by a school district 05 that receives state money, a [SEVEN PERCENT] preference not less than seven  06 percent nor more than 15 percent shall be applied to the price of [THE] products 07 harvested or processed within the jurisdiction of the state. 08  * Sec. 9. AS 36.15.050(c) is amended to read: 09 (c) A solicitation for the purchase of agricultural or fisheries products must  10 include written notice of the preferences under (a) and (b) of this section and 11 [SHALL] specify [THE REQUIREMENT] that agricultural products harvested in the 12 state and fisheries products harvested or processed within the jurisdiction of the  13 state will [SHALL] be used where possible. If the state or a school district that 14 receives state money purchases agricultural products harvested outside the state or 15 fisheries products harvested or processed outside the jurisdiction of the state, the 16 officer responsible for the purchase shall certify in writing the reasons that 17 agricultural products harvested in the state or fisheries products harvested or  18 processed within the jurisdiction of the state were not purchased. 19  * Sec. 10. AS 37.05.146(c) is amended by adding a new paragraph to read: 20 (90) fees collected by the Department of Natural Resources under 21 AS 03.05.010(c). 22  * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. AS 09.65.290(e), as amended by secs. 2 and 3 of this Act, applies 25 to acts or omissions occurring on or after the effective date of secs. 2 and 3 of this Act. 26  * Sec. 12. This Act takes effect January 1, 2019.