00                            SENATE BILL NO. 304                                                                         
01 "An Act relating to the privileges of airport parking shuttles and to fees or charges                                   
02 imposed on a person who is not a lessee or holder of a privilege to use the property or a                               
03 facility of an airport."                                                                                                
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 02.15.090(a) is amended to read:                                                                   
06            (a)  In operating an airport or air navigation facility owned or controlled by the                           
07       state, the department may enter into contracts, leases, and other arrangements covering                           
08       periods not exceeding 55 years with a person, municipality, or the United States,                                 
09       granting the privilege of using or improving an airport or air navigation facility or a                           
10       portion of it or space in it for commercial, governmental, or other public purposes,                              
11       including private plane tie down, or conferring the privilege of supplying goods,                                 
12       commodities, services, or facilities at an airport or air navigation facility. The                                
13       department may establish the terms and conditions and fix the charges, rentals, and                               
14       fees for the privileges or services that are reasonable and uniform for the same class of                         

01       privilege or service. Charges, rentals, or fees authorized by this subsection may be                              
02       fixed for the international airports by order of the commissioner or by negotiated or                             
03       competitively offered contract. Notwithstanding AS 37.10.050(a), the fixing of                                    
04       charges, rentals, or fees as permitted under this subsection is not subject to the                                
05       adoption of regulation provisions of AS 44.62 (Administrative Procedure Act). The                                 
06       terms, conditions, charges, rentals, and fees shall be established with due regard to the                         
07       property and improvements used and the expense of operation to the state. A charge,                           
08       rental, or fee imposed on a person who is not a lessee or person holding a                                    
09       privilege to use the property or facility may not have the effect of charging a                               
10       percentage of the gross revenue of the person. Use [HOWEVER, USE] of state land                               
11       and buildings by the Alaska Wing, Civil Air Patrol and its squadrons shall be                                     
12       permitted without rental charges. If the department permits space in state-owned or                               
13       state-controlled airports to be used as lounges for members of the United States armed                            
14       forces, the Alaska National Guard, the Alaska Naval Militia, or the Alaska State                                  
15       Defense Force, and if the lounges are operated by persons exempt from taxation under                              
16       26 U.S.C. 501(c)(3) (Internal Revenue Code), rent may not be charged for the use of                               
17       the space. The department shall provide for public notice and an opportunity to                                   
18       comment before a charge, rental, or fee is fixed by order of the commissioner as                                  
19       permitted under this subsection. The public may not be deprived of its rightful, equal,                           
20       and uniform use of the airport, air navigation facility, or a portion of them.                                    
21    * Sec. 2. AS 02.15.095 is amended to read:                                                                         
22            Sec. 02.15.095. Courtesy cars and airport parking shuttles.                                              
23       Notwithstanding the provisions of AS 02.15.090(a), the department may not exclude                                 
24       from the streets, roads, highways, parking facilities, or other portions of a state-                              
25       operated airport designated for operation or parking of ground transportation vehicles,                           
26       nor may the department prohibit from picking up and discharging passengers [,] those                              
27       motor vehicles commonly known as "courtesy cars," which are owned or operated by                          
28       hotels, motels, or other similar places of public accommodation for the transportation                            
29       of their guests to and from the airport at the request of the guest and for which service                         
30       no charge is made to the guest, and "airport parking shuttles," which provide                                 
31       transportation services between the airport and off-airport rental car offices and                            

01       remote vehicle parking locations.