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CSHB 217(FIN): "An Act relating to civil liability for risks inherent in farm touring; relating to the state and municipal procurement preferences for agricultural products harvested in the state and fisheries products harvested or processed in the state; relating to merchandise sold and certain fees charged or collected by the Department of Natural Resources; and providing for an effective date."

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.