Enrolled HB 217: 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.
00Enrolled HB 217 01 Relating to civil liability for risks inherent in farm touring; relating to the state and municipal 02 procurement preferences for agricultural products harvested in the state and fisheries products 03 harvested or processed in the state; relating to merchandise sold and certain fees charged or 04 collected by the Department of Natural Resources; and providing for an effective date. 05 _______________ 06 * Section 1. AS 03.05.010 is amended by adding a new subsection to read: 07 (c) The commissioner of natural resources may sell promotional merchandise 08 related to the "Alaska Grown" trademark and may charge or collect a fee for the sale 09 of promotional merchandise related to the "Alaska Grown" trademark. The 10 commissioner may issue a license and charge a license fee for the sale of promotional 11 merchandise related to the "Alaska Grown" trademark. The commissioner shall price 12 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, and off-road and all-terrain vehicle 15 use; 16 (B) does not include 17 (i) boxing contests, sparring or wrestling matches, or 18 exhibitions that are subject to the requirements of AS 05.10; 19 (ii) activities involving the use of devices that are 20 subject to the requirements of AS 05.20; or 21 (iii) skiing or sliding activities at a ski area that are 22 subject to the requirements of AS 05.45. 23 * Sec. 3. AS 09.65.290(e) is amended by adding a new paragraph to read: 24 (4) "farm touring" means briefly visiting a farm to observe or 25 experience aspects of raising, growing, producing, cultivating, harvesting, or 26 processing an agricultural product as a tourist, without receiving pay. 27 * Sec. 4. AS 29.71.040(a) is repealed and reenacted to read: 28 (a) If a municipality that receives state money seeks to purchase an 29 agricultural product and an agricultural product harvested in the state is available that 30 is of like quality compared with a similar agricultural product harvested outside the 31 state, the municipality
01 (1) shall purchase the product harvested in the state if the product is 02 priced not more than seven percent above the similar product harvested outside the 03 state; 04 (2) may purchase the product harvested in the state only if the product 05 is priced not more than 15 percent above the similar product harvested outside the 06 state. 07 * Sec. 5. AS 29.71.040(b) is repealed and reenacted to read: 08 (b) If a municipality that receives state money seeks to purchase a fisheries 09 product and a fisheries product harvested or processed within the jurisdiction of the 10 state is available that is of like quality compared with a similar fisheries product 11 harvested or processed outside the jurisdiction of the state, the municipality 12 (1) shall purchase the product harvested or processed within the 13 jurisdiction of the state if the product is priced not more than seven percent above the 14 similar product harvested or processed outside the jurisdiction of the state; 15 (2) may purchase the product harvested or processed in the jurisdiction 16 of the state only if the product is priced not more than 15 percent above the product 17 harvested or processed outside the jurisdiction of the state. 18 * Sec. 6. AS 29.71.040(c) is amended to read: 19 (c) A solicitation by a municipality for the purchase of agricultural or fisheries 20 products must include written notice of the purchase requirements and limitations 21 under (a) and (b) of this section and [SHALL] specify [THE REQUIREMENT] that 22 agricultural products harvested in the state and fisheries products harvested or 23 processed within the jurisdiction of the state will [SHALL] be used where possible, 24 subject to the limitations under (a) and (b) of this section. If a municipality that 25 receives state money purchases agricultural products harvested outside the state or 26 fisheries products harvested or processed outside the jurisdiction of the state, the 27 municipal officer responsible for the purchase shall certify in writing the reasons that 28 agricultural products harvested in the state or fisheries products harvested or 29 processed within the jurisdiction of the state were not purchased. 30 * Sec. 7. AS 36.15.050(a) is amended to read: 31 (a) When agricultural products are purchased by the state or by a school
01 district that receives state money, a [SEVEN PERCENT] preference not less than 02 seven percent nor more than 15 percent shall be applied to the price of [THE] 03 products harvested in the state. 04 * Sec. 8. AS 36.15.050(b) is amended to read: 05 (b) When fisheries products are purchased by the state or by a school district 06 that receives state money, a [SEVEN PERCENT] preference not less than seven 07 percent nor more than 15 percent shall be applied to the price of [THE] products 08 harvested or processed within the jurisdiction of the state. 09 * Sec. 9. AS 36.15.050(c) is amended to read: 10 (c) A solicitation for the purchase of agricultural or fisheries products must 11 include written notice of the preferences under (a) and (b) of this section and 12 [SHALL] specify [THE REQUIREMENT] that agricultural products harvested in the 13 state and fisheries products harvested or processed within the jurisdiction of the 14 state will [SHALL] be used where possible. If the state or a school district that 15 receives state money purchases agricultural products harvested outside the state or 16 fisheries products harvested or processed outside the jurisdiction of the state, the 17 officer responsible for the purchase shall certify in writing the reasons that 18 agricultural products harvested in the state or fisheries products harvested or 19 processed within the jurisdiction of the state were not purchased. 20 * Sec. 10. AS 37.05.146(c) is amended by adding a new paragraph to read: 21 (90) fees collected by the Department of Natural Resources under 22 AS 03.05.010(c). 23 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. AS 09.65.290(e), as amended by secs. 2 and 3 of this Act, applies 26 to acts or omissions occurring on or after the effective date of secs. 2 and 3 of this Act. 27 * Sec. 12. This Act takes effect January 1, 2019.