HB 362: "An Act relating to the use of space for military lounges in state-owned or state-controlled airports."

00HOUSE 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.