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CSSB 101(FIN): "An Act relating to merchandise sold and certain fees charged or collected by the Department of Natural Resources."

00                       CS FOR SENATE BILL NO. 101(FIN)                                                                   
01 "An Act relating to merchandise sold and certain fees charged or collected by the                                       
02 Department of Natural Resources."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 37.05.146(c)(56) is amended to read:                                                               
05                 (56)  fees and other charges received by the Department of Natural                                  
06       Resources under AS 41.21.026 [FOR THE USE OF STATE PARK SYSTEM                                                    
07       FACILITIES];                                                                                                      
08    * Sec. 2. AS 37.10.050(a) is amended to read:                                                                      
09            (a)  A state agency may not charge a fee for the provision of state services                                 
10       unless the fee (1) is set or otherwise authorized by statute; and (2) where a regulation                          
11       is necessary, is set by or provided for in a regulation that meets the standards of                               
12       AS 44.62.020 and 44.62.030. Unless specifically exempted by statute, a state agency                               
13       authorized to collect or receive fees, licenses, taxes, or other money belonging to the                           
14       state shall account for and remit the receipts, less fees to which the collector is entitled                      
01       by statute or regulation, to the Department of Revenue at least once each month. The                              
02       commissioner of administration shall separately account under AS 37.05.142 for                                    
03       receipts deposited under this subsection. A fee or other charge that is set by regulation                         
04       may not exceed the estimated actual costs of the state agency in administering the                                
05       activity or providing the service unless otherwise provided by the statute under which                            
06       the regulation is adopted; however, this limitation does not apply to sale or lease of                            
07       property by a state agency, fees charged by a resource agency for a designated                                    
08       regulatory service as defined in AS 37.10.058, fees adopted by the Department of                                  
09       Natural Resources under AS 41.21.026(f), AS 44.37.025, and [OR] 44.37.027, or                             
10       fees, rents, tolls, and other charges established or levied by the Department of                                  
11       Transportation and Public Facilities for the use of the Knik Arm bridge and                                       
12       appurtenant facilities.                                                                                           
13    * Sec. 3. AS 41.21.026(a) is amended to read:                                                                      
14            (a)  Notwithstanding (b) of this section, the department may charge or collect a                             
15       fee [IN A PARK UNIT] for                                                                                          
16                 (1)  rental of public use cabins or other overnight lodgings;                                           
17                 (2)  overnight use of a developed campsite;                                                             
18                 (3)  special park use permits;                                                                          
19                 (4)  competitive and exclusive commercial use permits;                                                  
20                 (5)  noncompetitive and nonexclusive commercial use permits;                                            
21                 (6)  use of a sewage holding tank dump station;                                                         
22                 (7)  admission to or guided tours of visitor centers and historic sites;                                
23                 (8)  use of an improved boat ramp in a park facility developed                                          
24       principally for boat launching;                                                                                   
25                 (9)  sale of firewood;                                                                                  
26                 (10)  [SALE OF MERCHANDISE FOR INFORMATIONAL OR                                                         
27       EDUCATIONAL PURPOSES RELATED TO PUBLIC USE AND                                                                    
28       UNDERSTANDING OF PARKS, INCLUDING MAPS, PLANS, AND OTHER                                                          
29       GRAPHIC MATERIALS;                                                                                                
30                 (11)]  use of a developed facility that has developed parking and rest                                  
31       rooms; and                                                                                                        
01                 (11) [(12)]  presentation or attendance at programs related to natural or                           
02       cultural history, outdoor skills or education, or other topics concerned with public use,                         
03       enjoyment, or understanding of parks.                                                                             
04    * Sec. 4. AS 41.21.026 is amended by adding a new subsection to read:                                              
05            (f)  In addition to the activities, services, and products for which the                                     
06       department may charge or collect a fee under (a) of this section, the department may                              
07       sell informational, educational, or promotional merchandise. The department shall                                 
08       price merchandise sold under this section in a manner that ensures a reasonable                                   
09       monetary return to the state. To the extent practicable, the department shall sell only                           
10       merchandise produced or manufactured, including printing, screen printing, and                                    
11       embroidery,  in the United States that, subject to AS 36.30, is procured from either an                           
12       Alaska bidder or a person that employs prisoners under AS 33.30.191(b).