00                  HOUSE CS FOR SENATE BILL NO. 304(TRA)                                                                 
01 "An Act relating to the privileges of airport parking shuttles and to fees or charges                                   
02 imposed on a person who is not a lessee or concessionaire of an airport."                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 02.15.090(a) is amended to read:                                                                   
05            (a)  In operating an airport or air navigation facility owned or controlled by the                           
06       state, the department may enter into contracts, leases, and other arrangements covering                           
07       periods not exceeding 55 years with a person, municipality, or the United States,                                 
08       granting the privilege of using or improving an airport or air navigation facility or a                           
09       portion of it or space in it for commercial, governmental, or other public purposes,                              
10       including private plane tie down, or conferring the privilege of supplying goods,                                 
11       commodities, services, or facilities at an airport or air navigation facility. The                                
12       department may establish the terms and conditions and fix the charges, rentals, and                               
13       fees for the privileges or services that are reasonable and uniform for the same class of                         
14       privilege or service. Charges, rentals, or fees authorized by this subsection may be                              

01       fixed for the international airports by order of the commissioner or by negotiated or                             
02       competitively offered contract. Notwithstanding AS 37.10.050(a), the fixing of                                    
03       charges, rentals, or fees as permitted under this subsection is not subject to the                                
04       adoption of regulation provisions of AS 44.62 (Administrative Procedure Act). The                                 
05       terms, conditions, charges, rentals, and fees shall be established with due regard to the                         
06       property and improvements used and the expense of operation to the state. A charge,                           
07       rental, or fee imposed on a person who is not a lessee or concessionaire of the                               
08       airport may not have the effect of charging a percentage of the gross revenue of                              
09       the person as a condition of on-site access to customers who use the airport                                  
10       facility, unless the charge, rental, or fee was in existence before January 1, 2006,                          
11       and this exception is not affected if the department amends, increases, or                                    
12       decreases a charge, rental, or fee that was in effect before January 1, 2006. Use                             
13       [HOWEVER, USE] of state land and buildings by the Alaska Wing, Civil Air Patrol                                   
14       and its squadrons shall be permitted without rental charges. If the department permits                            
15       space in state-owned or state-controlled airports to be used as lounges for members of                            
16       the United States armed forces, the Alaska National Guard, the Alaska Naval Militia,                              
17       or the Alaska State Defense Force, and if the lounges are operated by persons exempt                              
18       from taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code), rent may not be                                  
19       charged for the use of the space. The department shall provide for public notice and an                           
20       opportunity to comment before a charge, rental, or fee is fixed by order of the                                   
21       commissioner as permitted under this subsection. The public may not be deprived of                                
22       its rightful, equal, and uniform use of the airport, air navigation facility, or a portion of                     
23       them.                                                                                                             
24    * Sec. 2. AS 02.15.095 is amended to read:                                                                         
25            Sec. 02.15.095. Courtesy cars and airport parking shuttles.                                              
26       Notwithstanding the provisions of AS 02.15.090(a), the department may not exclude                                 
27       from the streets, roads, highways, parking facilities, or other portions of a state-                              
28       operated airport designated for operation or parking of ground transportation vehicles,                           
29       nor may the department prohibit from picking up and discharging passengers [,] those                              
30       motor vehicles commonly known as "courtesy cars," which are owned or operated by                          
31       hotels, motels, or other similar places of public accommodation for the transportation                            

01       of their guests to and from the airport at the request of the guest and for which service                         
02       no charge is made to the guest, and "airport parking shuttles," which provide                                 
03       transportation services between the airport and off-airport rental car offices and                            
04       remote vehicle parking locations.