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).