HB 211: "An Act relating to Alaska seafood marketing contracts, including the funding of seafood marketing contracts; and providing for an effective date."
00 HOUSE BILL NO. 211 01 "An Act relating to Alaska seafood marketing contracts, including the funding of 02 seafood marketing contracts; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.33 is amended by adding a new section to read: 05 Article 15. Alaska Seafood Marketing Contracts. 06 Sec. 44.33.930. Alaska seafood marketing contracts. (a) Subject to 07 appropriations for the purpose, the department shall, on or before April 1 of each fiscal 08 year, contract with a single qualified marketing organization to develop a plan to 09 market the seafood of the state and to implement the marketing campaign during the 10 next fiscal year. The contract may be awarded only if the qualified marketing 11 organization provides matching money that is equal to at least 30 percent of the state 12 money used for the marketing campaign described in the contract. Unless the 13 appropriation that funds the marketing campaign is for more than $9,000,000, the state 14 money used for the marketing campaign may not exceed $9,000,000. Before the
01 contract is executed, the marketing campaign plan must be approved by the 02 department. 03 (b) The marketing plan that is developed and implemented by a contract 04 awarded under (a) of this section may not promote seafood by 05 (1) geographic origin other than from the state generally; 06 (2) geographic region of the state; or 07 (3) a specific brand name. 08 (c) The seafood marketing contract awarded under (a) of this section must 09 include essential components identified by the department to market the seafood of the 10 state, including media advertising, publishing and distributing information, 11 establishing and maintaining Internet websites that provide information, conducting 12 market research, and other activities related to the marketing that the department may 13 designate in the contract. 14 (d) A qualified marketing organization that has been awarded a seafood 15 marketing contract under (a) of this section has, while the contract is in effect, the 16 right of first refusal for every other seafood marketing contract offered by the 17 department. The qualified marketing organization is required to provide matching 18 funds for a contract awarded under this subsection only if matching funds are required 19 by the contract offer. If the qualified marketing organization refuses a contract offer 20 under this subsection or fails to accept the offer within a reasonable time, the 21 department may award the contract to another person but only under terms that are not 22 materially different from the terms offered to the qualified marketing organization. 23 (e) If, during the term of a contract awarded under (a) of this section, funds 24 from any source are appropriated to the department for seafood marketing activities in 25 addition to the funds already committed under the contract, the contract may be 26 amended to include the additional funds and the additional seafood marketing 27 activities. The department may require the qualified marketing organization to provide 28 matching funds in any amount for the additional funds. If the qualified marketing 29 organization refuses the additional funds, the department may use the additional funds 30 to award a contract to another person but only under terms that are not materially 31 different from the terms offered to the qualified trade association.
01 (f) A qualified marketing organization shall provide to the department, on 02 request, materials produced and marketing information and related data generated by 03 the qualified marketing organization under the contract awarded under (a) of this 04 section. 05 (g) A qualified marketing organization may not use money from a contract 06 awarded under (a) or (d) of this section 07 (1) to lobby a municipality or an agency of a municipality or to lobby 08 the state or an agency of the state; 09 (2) to raise funds that will be used to lobby a municipality or an agency 10 of a municipality or to lobby the state or an agency of the state; or 11 (3) for administrative or overhead costs that directly support any effort 12 to lobby a municipality or an agency of a municipality or to lobby the state or an 13 agency of the state. 14 (h) In this section, 15 (1) "department" means the Department of Commerce, Community, 16 and Economic Development; 17 (2) "lobby a municipality or an agency of a municipality" has the 18 meaning given in AS 44.99.030; 19 (3) "lobby the state or an agency of the state" has the meaning given in 20 AS 44.99.030. 21 * Sec. 2. AS 44.33.930(a), as enacted by sec. 1 of this Act, is amended to read: 22 (a) Subject to appropriations for the purpose, the department shall, on or 23 before April 1 of each fiscal year, contract with a single qualified marketing 24 organization to develop a plan to market the seafood of the state and to implement the 25 seafood marketing campaign during the next fiscal year. The contract may be awarded 26 only if the qualified marketing organization provides matching money that is equal to 27 at least 50 [30] percent of the costs of [STATE MONEY USED FOR] the marketing 28 campaign described in the contract. Unless the appropriation that funds the marketing 29 campaign is for more than $9,000,000, the state money used for the marketing 30 campaign may not exceed $9,000,000. Before the contract is executed, the marketing 31 campaign plan must be approved by the department.
01 * Sec. 3. Section 2 of this Act takes effect July 1, 2012. 02 * Sec. 4. Except as provided in sec. 3 of this Act, this Act takes effect July 1, 2010.