This page is no longer used please use www.akleg.gov
30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled 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.                                                                    
New Text Underlined     [DELETED TEXT BRACKETED]