Legislature(2015 - 2016)BUTROVICH 205

04/10/2015 03:30 PM Senate RESOURCES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Public Testimony --
+ HJR 18 LIMIT DECLARATION OF NATL. MONUMENTS TELECONFERENCED
Moved SCS CSHJR 18(RES) Out of Committee
*+ SB 101 STATE PARKS FEES & SALES OF MERCHANDISE TELECONFERENCED
Heard & Held
+= SB 50 AIDEA: BONDS;PROGRAMS;LOANS;LNG PROJECT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 101-STATE PARKS FEES & SALES OF MERCHANDISE                                                                     
                                                                                                                                
3:57:17 PM                                                                                                                    
CHAIR GIESSEL announced the consideration of SB 101.                                                                            
                                                                                                                                
BEN ELLIS,  Director, Division of  Parks and  Outdoor Recreation,                                                               
Department of  Natural Resources  (DNR), Juneau, Alaska,  said SB
101  is necessary  to allow  the  Division of  Parks and  Outdoor                                                               
Recreation to  sell state park merchandise  to retailers ensuring                                                               
a  fair  and  reasonable  return   to  help  support  state  park                                                               
operations, thereby reducing reliance on the general fund.                                                                      
                                                                                                                                
SB 101  would add a new  subsection to AS 41.21.026  to grant the                                                               
DNR  the  authority  to  sell  the  retailers  state  park-themed                                                               
merchandise  for   informational,  educational   and  promotional                                                               
purposes  to support  park operations.  The  new subsection  that                                                               
would allow  the department to  establish prices  for park-themed                                                               
merchandise is to  ensure a fair and reasonable  return. It would                                                               
also remove language in AS  41.21.026(a) requiring all fees to be                                                               
collected in  a park unit,  making clear that the  department has                                                               
the  authority  to collect  fees  at  locations outside  of  park                                                               
units.                                                                                                                          
                                                                                                                                
3:58:48 PM                                                                                                                    
MR. ELLIS said  the bill is needed to help  the division get more                                                               
revenue.  The  division  currently  generates  about  $3  million                                                               
annually from park fees and  33 percent of their operating budget                                                               
is  covered by  these fees.  Fees  were raised  across the  board                                                               
going  into the  2015 season  projecting the  same usage  as last                                                               
year  and that  results  in  about a  42-44  percent increase  in                                                               
revenue.  It has  been his  and the  commissioner's goal  to find                                                               
alternative ways to help fund  more recreational opportunities in                                                               
Alaska. A  number of  states use this  model; South  Carolina has                                                               
done  it for  10 years  and raises  about $1.72  million annually                                                               
above  what  their  merchandising  program  costs  to  run.  This                                                               
proposal would get Alaska going in that direction.                                                                              
                                                                                                                                
SB  101  would allow  the  state  to  create, purchase  and  sell                                                               
authentic  state park  merchandise  to  retailers thus  providing                                                               
opportunity for  private businesses while generating  revenue for                                                               
the  state.  Currently,  he  could   find  only  one  source  for                                                               
purchasing state park merchandise and  it's on line. One can pick                                                               
any state  park in Alaska  and are able  to buy a  T-shirt, sweat                                                               
shirt, hat, whatever,  and the state receives no  funds from that                                                               
enterprise.                                                                                                                     
                                                                                                                                
He said  with this  legislation that  Alaskans who  buy authentic                                                               
Alaska  state  park merchandise  could  be  confident that  their                                                               
purchases would benefit the state parks they care about.                                                                        
                                                                                                                                
4:01:26 PM                                                                                                                    
MR. ELLIS related that four years  ago, they just had completed a                                                               
40-year celebration  of Alaska  state parks and  had a  number of                                                               
beautiful photos in  a photo contest. He thought  what great note                                                               
cards they  would be  and put  eight of the  winning photos  on a                                                               
blank  notecard along  with  the name  of  the photographer,  the                                                               
location,  and technical  information.  It was  put  into a  nice                                                               
package that  could be  sold. His  intent was  to charge  $15 for                                                               
what cost  them $5.28  to create  and it was  going to  go toward                                                               
operations. Unfortunately, current statutes  say that parks can't                                                               
sell  anything -  camp fees,  fire wood,  whatever -  for profit.                                                               
That was  the beginning  of his  starting to  look at  what other                                                               
states  do. He  said that  39 other  states have  some type  of a                                                               
merchandising program; South Carolina has the most successful.                                                                  
                                                                                                                                
SENATOR  COSTELLO said  she remembered  this issue  from previous                                                               
legislatures  and asked  if  raising park  fees  needs a  statute                                                               
change.                                                                                                                         
                                                                                                                                
MR.   ELLIS  answered   yes,   because   AS  41.21.026(a)   lists                                                               
informational,  educational  and  promotional purposes.  It  gets                                                               
wrapped up with fire wood and  other things that can only be sold                                                               
for cost.                                                                                                                       
                                                                                                                                
SENATOR  STOLTZE asked  if Alaska  has a  patent or  trademark on                                                               
these logos.                                                                                                                    
                                                                                                                                
MR. ELLIS answered  no, but a patch saying  "official gear" could                                                               
be put on with the Alaska  state park logo and retailers could be                                                               
urged  to put  a sticker  of support  for Alaska  state parks  in                                                               
their windows. He can't get a  copyright on it, but he is working                                                               
with people on using the Alaska grown symbol.                                                                                   
                                                                                                                                
SENATOR STOLTZE mentioned that the  DNR and the Department of Law                                                               
(DOL) could give  him a lot of insight on  the issue of patenting                                                               
that would be useful to have.                                                                                                   
                                                                                                                                
SENATOR MICCICHE  said he thought selling  authentic Alaskan wear                                                               
would be  a good  idea. He  asked where  the $350,000  would come                                                               
from to initiate the program and what it would be used for.                                                                     
                                                                                                                                
MR. ELLIS  answered the  $50,000 is  a one-time  capital request.                                                               
The $350,000  would the  ability to receive  up to  $350,000 from                                                               
the merchandise.  If this goes forward,  he wanted to do  it on a                                                               
very  measured  basis starting  with  creating  $50,000 worth  of                                                               
product,  selling it,  looking at  the return,  and investing  it                                                               
again the  following year until they  get to a point  of actually                                                               
having enough volume to make a significant profit.                                                                              
                                                                                                                                
SENATOR  MICCICHE asked  if he  plans on  changing revenues  from                                                               
FY16 to FY21 on the fiscal note.                                                                                                
                                                                                                                                
MR. ELLIS answered no.                                                                                                          
                                                                                                                                
4:07:21 PM                                                                                                                    
SENATOR WIELECHOWSKI asked what section 3 is repealing.                                                                         
                                                                                                                                
MR. ELLIS answered that it  basically deletes language saying the                                                               
state can charge the  cost of what the product is,  but not for a                                                               
profit.                                                                                                                         
                                                                                                                                
SENATOR  STEDMAN said  he had  talked to  Mr. Ellis  earlier this                                                               
year  about the  budgets  in trying  to deal  with  the parks  in                                                               
Sitka, one of  which is where the Russians  and Americans changed                                                               
the flag.  Quite a few people  access it and the  state should be                                                               
able  to charge  a  couple dollars  to help  offset  the cost  of                                                               
running  the parks.  But maybe  they should  consider outsourcing                                                               
the merchandising  program and take  some sort of royalty  off of                                                               
it.  People  who are  in  the  business  of selling  T-shirts  or                                                               
popcorn are  probably better  at it  than the  well-meaning folks                                                               
that aren't  actually in that  type of business. The  state could                                                               
just license the product and collect  the check and not stick its                                                               
neck out too far.                                                                                                               
                                                                                                                                
MR.  ELLIS responded  that some  states have  that model,  but he                                                               
looked at the states that  generated the highest level of revenue                                                               
above the  cost of the program  and that was South  Carolina that                                                               
is doing it themselves. But he was not opposed to that approach.                                                                
                                                                                                                                
SENATOR STEDMAN said  he saw his point, but  state agencies don't                                                               
have  that great  a  history of  getting  through their  overhead                                                               
burden. But he supported the bill and the concept.                                                                              
                                                                                                                                
4:12:42 PM                                                                                                                    
SENATOR STOLTZE  concurred with Senator  Stedman, but  added that                                                               
Alaska doesn't  have a trademark  or a patent and  some companies                                                               
are  already  making these  types  of  products. All  Alaska  can                                                               
really sell  is an  official sanction,  which would  have limited                                                               
value if it gets too expensive.                                                                                                 
                                                                                                                                
4:14:28 PM                                                                                                                    
SENATOR WIELECHOWSKI also  wondered what the state  really has to                                                               
sell if  it doesn't have  a trademark or  a patent. He  thought a                                                               
lot of  people would  want to  buy an official  T-shit or  hat or                                                               
something knowing  that a big chunk  of it is going  to the state                                                               
park system.  Going to  a private model  would be  preferable but                                                               
the state doesn't have anything to sell.                                                                                        
                                                                                                                                
MR.  ELLIS responded  that he  is exploring  all options.  He had                                                               
conversations with Princess Lodge that  wants to sell these items                                                               
in their  gift shops,  because they want  to promote  and support                                                               
Alaska's parks.  So, he  believes there  are merchants  out there                                                               
that would be interested. Totem Bite is another example.                                                                        
                                                                                                                                
He didn't  expect to make as  much money as South  Carolina does,                                                               
because  the programs  are  different,  but it  is  the start  of                                                               
looking at other possible revenue  generating areas. Just raising                                                               
fees is not a sustainable model.                                                                                                
                                                                                                                                
4:19:20 PM                                                                                                                    
SENATOR STEDMAN asked him to explain what the Totem Bite is.                                                                    
                                                                                                                                
MR. ELLIS replied  that Totem Bite is a state  historical park in                                                               
Ketchikan that has  hundreds of thousands of  visitors each year.                                                               
It is  a replica of a  totem village that Totem  Trading Company,                                                               
Inc., has next door to it, a museum that is second to none.                                                                     
                                                                                                                                
SENATOR  MICCICHE agreed  that there  is a  market for  gear, but                                                               
said  the  division  already  has ability  in  existing  law  for                                                               
competitive and  exclusive commercial  use permits. Even  if they                                                               
used kiosks in the most popular  places, they wouldn't have to be                                                               
run  by park  employees. They  have  the option  right now  under                                                               
existing law for  someone coming in and having such  a thing with                                                               
a portion of the proceeds going to the Park Service.                                                                            
                                                                                                                                
MR. ELLIS  answered if  there is  a product,  yes, but  he didn't                                                               
know of an Alaskan state product being sold in the state.                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI wondered  if the state is  violating law now                                                               
by selling cabins  referencing deleting "in a park  unit" on page                                                               
1,  line  6, and  he  thought  it would  be  a  good idea  to  do                                                               
something  about that.  He asked  if  there could  be some  other                                                               
unintended impacts coming from that deletion.                                                                                   
                                                                                                                                
MR. ELLIS said  he had worked with the Department  of Law on that                                                               
and  didn't always  understand legal  language, but  currently if                                                               
one wants to reserve  a public use cabin, it is  done on line; it                                                               
is  not done  in a  unit.  If one  goes to  a public  information                                                               
center and purchases an annual parking  pass, that is not done in                                                               
a  unit. This  language just  tries  to clarify  what is  already                                                               
being done.                                                                                                                     
                                                                                                                                
SENATOR COGHILL said  this needs to be passed,  because the state                                                               
is already  violating law and  asked what assurances he  can give                                                               
if  this proceeds  forward, that  it gets  reviewed so  the state                                                               
"doesn't  get tangled  up in  a lawsuit."  He liked  the idea  of                                                               
merchandising things and having it plowed back into the parks.                                                                  
                                                                                                                                
MR. ELLIS gave him his personal  assurance that he would have the                                                               
Department  of  Law  look  into  it. The  model  he  used,  South                                                               
Carolina,  has a  three-legged stool:  they  sell merchandise  in                                                               
their units most of which have  a gift shop; Alaska doesn't. They                                                               
sell them  on line and  they sell  them in retail.  Obviously, in                                                               
the park and on  line, where the State of Alaska  is using it, it                                                               
would be assured of the return  on the profit. He is concerned in                                                               
going with on  line and in the  units that the state  would be in                                                               
competition with  the private  sector even  though they  would be                                                               
giving the  opportunity for  the private  sector to  purchase the                                                               
product at wholesale.                                                                                                           
                                                                                                                                
4:27:09 PM                                                                                                                    
SENATOR COGHILL said on line would  be the best place because his                                                               
area doesn't even have kiosks.                                                                                                  
                                                                                                                                
MR.  ELLIS agreed  that kiosks  would not  be cost  effective and                                                               
that the best bet would be  to work with lodges like the Princess                                                               
Lodge that has a large volume of people coming through it.                                                                      
                                                                                                                                
CHAIR GIESSEL  said the National  Park Service in Kotzebue  has a                                                               
visitor center that sells merchandise and  she sees that in a lot                                                               
of other states, as well.                                                                                                       
                                                                                                                                
SENATOR STOLTZE  said the federal government  has concessionaires                                                               
at the  major national parks. He  asked if the division  needed a                                                               
broader authority  so that  conservation minded  families wanting                                                               
to endow  a cabin as a  friend of the  parks could be able  to do                                                               
that.                                                                                                                           
                                                                                                                                
MR.  ELLIS answered  that they  do  have that  authority now.  It                                                               
comes through  a donation  from a  family that  says it  wants to                                                               
have it applied to a specific area or parks in general.                                                                         
                                                                                                                                
4:30:26 PM                                                                                                                    
SENATOR WIELECHOWSKI said  he wanted to hear  from the Department                                                               
of Law if on line fees are illegal.                                                                                             
                                                                                                                                
MR. ELLIS replied  he hadn't talked to them about  that, but will                                                               
have an answer back through the chair.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI said  he thought they likely  needed to pass                                                               
something as quick as possible.                                                                                                 
                                                                                                                                
CHAIR GIESSEL agreed  and said it would be helpful  to know about                                                               
the  logo  trademark issue.  She  asked  Mr.  Ellis to  get  that                                                               
information. She held SB 101 in committee.                                                                                      

Document Name Date/Time Subjects
HJR18 Ver. H.PDF SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Ver. E.PDF SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Explaination of Changes.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Sponsor Statement.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Fiscal Note.PDF SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents -NPCA National Monuments List.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-ADN Article.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-Deseret News Editorial.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-KUCB News Article.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-Legislation and Policy Article.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-NPS Antiquities Act 1906.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-S. 437.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-S.437 News Release.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
SB 101.pdf SRES 4/10/2015 3:30:00 PM
SB 101
SB 101 Transmittal Letter.pdf SRES 4/10/2015 3:30:00 PM
SB 101
SB 101 Fiscal Note.pdf SRES 4/10/2015 3:30:00 PM
SB 101
SB 101 Briefing Paper.pdf SRES 4/10/2015 3:30:00 PM
SB 101
SB50 Transmittal Letter.pdf SRES 4/10/2015 3:30:00 PM
STRA 3/10/2015 3:30:00 PM
SB 50
SB50 Fact Sheet.pdf SRES 4/10/2015 3:30:00 PM
STRA 3/10/2015 3:30:00 PM
SB 50
SB50 Fiscal Note-DCCED-AIDEA-Zero-2-11-15.pdf SRES 4/10/2015 3:30:00 PM
STRA 3/10/2015 3:30:00 PM
SB 50
SB50 Sectional Analysis.pdf SRES 4/10/2015 3:30:00 PM
STRA 3/10/2015 3:30:00 PM
SB 50
FBX North Star Borough R2015-08.pdf SNRG 3/10/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
Fairbanks Chamber Letter of Support for HB 105 & SB 50.pdf SNRG 3/10/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
HB 105
SB 50
SB50 ver A.pdf SNRG 3/10/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB50 Fact Sheet.pdf SNRG 3/10/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB 50 CS NRG version W dated 3-26-15.PDF SNRG 3/26/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB50 Summary of Changes ver A to ver W.pdf SRES 3/30/2015 3:30:00 PM
SRES 4/3/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB50 Supporting Documents-Furie LLC letter 3-2015.pdf SRES 3/30/2015 3:30:00 PM
SRES 4/3/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB 50 Letter of Support Merrick Peirce.pdf SRES 3/30/2015 3:30:00 PM
SRES 4/3/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB50-AIDEA PowerPoint.pdf SRES 4/10/2015 3:30:00 PM
SB 50
CSHJR18 Explanation of Changes Version E to N.pdf SRES 4/10/2015 3:30:00 PM
SB 50 - Coghill Amendment 29-GS1019 W.2.pdf SRES 4/10/2015 3:30:00 PM
SB 50
CSHJR18-Version N.pdf SRES 4/10/2015 3:30:00 PM
HJR 18