00SENATE BILL NO. 198                                                                                                     
01 "An Act exempting certain activities of the Department of Transportation and                                            
02 Public Facilities from the regulation provisions of the Administrative Procedure                                        
03 Act and allowing other procedures for those activities; and providing for an                                            
04 effective date."                                                                                                        
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 02.15.090(a) is amended to read:                                                                    
07  (a)  In operating an airport or air navigation facility owned or controlled by the                                    
08 state, the department may enter into contracts, leases, and other arrangements covering                                 
09 periods not exceeding 55 years with a person, municipality, or the United States,                                       
10 granting the privilege of using or improving an airport or air navigation facility or a                                 
11 portion of it or space in it for commercial,  governmental, or other public purposes,                                   
12 including private plane tie down; or conferring the privilege of supplying goods,                                       
13 commodities, services, or facilities at an airport or air navigation facility.  The                                   
14 department may establish the terms and conditions and fix the charges, rentals, and                                     

01 fees for the privileges or services  that are reasonable and uniform for the same class                                 
02 of privilege or service.  Charges, rentals, or fees authorized by this subsection may                                  
03 be fixed for the international airports by order of the commissioner or by                                              
04 negotiated or competitively offered contract.  Notwithstanding AS 37.10.050(a),                                         
05 the fixing of charges, rentals, or fees as permitted under this subsection is not                                       
06 subject to the adoption of regulation provisions of AS 44.62 (Administrative                                            
07 Procedure Act).  The terms, conditions, charges, rentals, and fees shall be established                              
08 with due regard to the property and improvements used and the expense of operation                                      
09 to the state. However, use of state land and buildings by the Alaska Wing, Civil Air                                    
10 Patrol and its squadrons shall be permitted without rental charges.  The department                                    
11 shall provide for public notice and an opportunity to comment before a charge,                                          
12 rental, or fee is fixed by order of the commissioner as permitted under this                                            
13 subsection.  The [IN NO CASE MAY THE] public may not be deprived of its                                            
14 rightful, equal, and uniform use of the airport, air navigation facility, or a portion of                               
15 them.                                                                                                                 
16    * Sec. 2.  AS 37.15.500 is amended to read:                                                                          
17  Sec. 37.15.500.  AIRPORT CHARGES.  As provided in AS 02.15.090(a), the                                              
18 [THE] commissioner of transportation and public facilities shall fix and collect the                                  
19 [SUCH] fees, charges, and rentals derived by the state from the ownership, lease, use,                                
20 and operation of the airports and all of the facilities and improvements that [OF                                     
21 THEM OR USED IN CONNECTION WITH THEM AS] will provide revenue                                                           
22 sufficient to comply with all of the covenants of the bond resolution.                                                  
23    * Sec. 3.  Sections 1 and 2 of this Act are retroactive to January 1, 1993.                                          
24    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).