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HB 289: "An Act relating to transportation of members of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force by the Alaska marine highway system and the Alaska Railroad; and relating to the Alaska State Defense Force."

00HOUSE BILL NO. 289 01 "An Act relating to transportation of members of the Alaska National Guard, the 02 Alaska Naval Militia, and the Alaska State Defense Force by the Alaska marine 03 highway system and the Alaska Railroad; and relating to the Alaska State Defense 04 Force." 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 be 03 fixed for the international airports by order of the commissioner or by negotiated or 04 competitively offered contract. Notwithstanding AS 37.10.050(a), the fixing of 05 charges, rentals, or fees as permitted under this subsection is not subject to the 06 adoption of regulation provisions of AS 44.62 (Administrative Procedure Act). The 07 terms, conditions, charges, rentals, and fees shall be established with due regard to the 08 property and improvements used and the expense of operation to the state. However, 09 use of state land and buildings by the Alaska Wing, Civil Air Patrol and its squadrons 10 shall be permitted without rental charges. If the department permits space in state- 11 owned or state-controlled airports to be used as lounges for members of the United States 12 armed forces, the Alaska National Guard, the Alaska Naval Militia, or the Alaska State 13 Defense Force, [MILITIA] and if the lounges are operated by persons exempt from taxation 14 under 26 U.S.C. 501(c)(3) (Internal Revenue Code), rent may not be charged for the use of 15 the space. The department shall provide for public notice and an opportunity to comment 16 before a charge, rental, or fee is fixed by order of the commissioner as permitted under this 17 subsection. The public may not be deprived of its rightful, equal, and uniform use of the 18 airport, air navigation facility, or a portion of them. 19 * Sec. 2. AS 19.65 is amended by adding a new section to article 1 to read: 20  Sec. 19.65.035. Transportation of members of the Alaska organized militia. 21 To the extent that space is available, the commissioner of transportation and public 22 facilities shall provide free transportation on vessels of the Alaska marine highway 23 system for a member of the Alaska National Guard, the Alaska Naval Militia, or the 24 Alaska State Defense Force who is en route to or from drill, training, or other official 25 militia activities. 26 * Sec. 3. AS 26.05.010(b) is amended to read: 27  (b) The militia is divided into two classes: 28  (1) the organized militia, consisting of the Alaska National Guard, the 29 Alaska Naval Militia, and the Alaska State Defense Force; [MILITIA,] and 30  (2) the unorganized militia, consisting of all qualified persons available 31 for service but not serving in the organized militia.

01 * Sec. 4. AS 26.05.030(d) is amended to read: 02  (d) The Alaska State Defense Force [MILITIA] consists of units authorized 03 by the governor, and manned by volunteer personnel qualifying under state law and 04 regulation. All Alaska State Defense Force [MILITIA] personnel shall be 05  (1) appointed, commissioned, or warranted, and assigned by the 06 governor or the adjutant general as the governor's designee; 07  (2) subject to serve on state active duty at the call and by order of the 08 governor. 09 * Sec. 5. AS 42.40 is amended by adding a new section to read: 10  Sec. 42.40.915. Transportation of members of the Alaska organized militia. 11 To the extent that space is available, the corporation shall provide free transportation 12 on the Alaska Railroad for a member of the Alaska National Guard, the Alaska Naval 13 Militia, or the Alaska State Defense Force who is en route to or from drill, training, 14 or other official militia activities.