HB 217 — An Act relating to civil liability for risks inherent in farm touring; relating to the state and municipal procurement preferences for agricultural products harvested in the state and fisheries products harvested or processed in the state; relating to merchandise sold and certain fees charged or collected by the Department of Natural Resources; and providing for an effective date.

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"AnRelating Act relating to civil liability for risks inherent in farm touring;

and providing for an effective date."date. CS FOR HOUSE BILL NO.

217(FIN)00Enrolled 01HB "An217 Act01 relatingRelating to civil liability for risks inherent in farm touring;

relating to the state 02 and municipal 02 procurement preferences for agricultural products harvested in the state 03 and fisheries products 03 harvested or processed in the state;

relating to merchandise sold 04 and certain fees charged or 04 collected by the Department of Natural Resources;

and 05 providing for an effective date."date. 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

0705 _______________ 06 * Section 1.

0807 (c) The commissioner of natural resources may sell promotional merchandise 0908 related to the "Alaska Grown" trademark and may charge or collect a fee for the sale 1009 of promotional merchandise related to the "Alaska Grown" trademark.

The 1110 commissioner may issue a license and charge a license fee for the sale of promotional 1211 merchandise related to the "Alaska Grown" trademark.

The commissioner shall price 1312 merchandise sold by the commissioner under this subsection in a manner that ensures a reasonable monetary return to the state.

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;

1516 (B) does not include 1617 (i) boxing contests, sparring or wrestling matches, or 1718 exhibitions that are subject to the requirements of AS 05.10;

1819 (ii) activities involving the use of devices that are 1920 subject to the requirements of AS 05.20;

or 2021 (iii) skiing or sliding activities at a ski area that are 2122 subject to the requirements of AS 05.45.

2223 * Sec.

2324 (4) "farm touring" means briefly visiting a farm to observe or 2425 experience aspects of raising, growing, producing, cultivating, harvesting, or 2526 processing an agricultural product as a tourist, without receiving pay.

2627 * Sec.

2728 (a) If a municipality that receives state money seeks to purchase an 2829 agricultural product and an agricultural product harvested in the state is available that 2930 is of like quality compared with a similar agricultural product harvested outside the 3031 state, the municipality 31 (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 0203 state;

0304 (2) may purchase the product harvested in the state only if the product 0405 is priced not more than 15 percent above the similar product harvested outside the 0506 state.

0607 * Sec.

0708 (b) If a municipality that receives state money seeks to purchase a fisheries 0809 product and a fisheries product harvested or processed within the jurisdiction of the 0910 state is available that is of like quality compared with a similar fisheries product 1011 harvested or processed outside the jurisdiction of the state, the municipality 1112 (1) shall purchase the product harvested or processed within the 1213 jurisdiction of the state if the product is priced not more than seven percent above the 1314 similar product harvested or processed outside the jurisdiction of the state;

1415 (2) may purchase the product harvested or processed in the jurisdiction 1516 of the state only if the product is priced not more than 15 percent above the product 1617 harvested or processed outside the jurisdiction of the state.

1718 * Sec.

1819 (c) A solicitation by a municipality for the purchase of agricultural or fisheries 1920 products must include written notice of the purchase requirements and limitations 2021 under (a) and (b) of this section and [SHALL] specify [THE REQUIREMENT] that 2122 agricultural products harvested in the state and fisheries products harvested or 2223 processed within the jurisdiction of the state will [SHALL] be used where possible, 2324 subject to the limitations under (a) and (b) of this section.

If a municipality that 2425 receives state money purchases agricultural products harvested outside the state or 2526 fisheries products harvested or processed outside the jurisdiction of the state, the 2627 municipal officer responsible for the purchase shall certify in writing the reasons that 2728 agricultural products harvested in the state or fisheries products harvested or 2829 processed within the jurisdiction of the state were not purchased.

2930 * Sec.

3031 (a) When agricultural products are purchased by the state or by a school 31 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] 0203 products harvested in the state.

0304 * Sec.

0405 (b) When fisheries products are purchased by the state or by a school district 0506 that receives state money, a [SEVEN PERCENT] preference not less than seven 0607 percent nor more than 15 percent shall be applied to the price of [THE] products 0708 harvested or processed within the jurisdiction of the state.

0809 * Sec.

0910 (c) A solicitation for the purchase of agricultural or fisheries products must 1011 include written notice of the preferences under (a) and (b) of this section and 1112 [SHALL] specify [THE REQUIREMENT] that agricultural products harvested in the 1213 state and fisheries products harvested or processed within the jurisdiction of the 1314 state will [SHALL] be used where possible.

If the state or a school district that 1415 receives state money purchases agricultural products harvested outside the state or 1516 fisheries products harvested or processed outside the jurisdiction of the state, the 1617 officer responsible for the purchase shall certify in writing the reasons that 1718 agricultural products harvested in the state or fisheries products harvested or 1819 processed within the jurisdiction of the state were not purchased.

1920 * Sec.

2021 (90) fees collected by the Department of Natural Resources under 2122 AS 03.05.010(c).

2223 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 2324 read:

2425 APPLICABILITY.

2 and 3 of this Act, applies 2526 to acts or omissions occurring on or after the effective date of secs.

2627 * Sec.