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HOUSE BILL NO. 255
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE MCCABE
Introduced: 1/12/24
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act relating to the Port of Southcentral Alaska; establishing the Port of 1
Southcentral Alaska Authority to manage and operate the Port of Southcentral Alaska; 2
and providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 5
to read: 6
LEGISLATIVE FINDINGS AND INTENT. The legislature finds that it is in the best 7
interests of the state to create an authority with the powers, duties, and functions needed to 8
operate the Port of Southcentral Alaska in Anchorage and manage its seaport, industrial, and 9
other properties in the best interests of the people of the state and to ensure that the authority 10
is exclusively responsible for managing the financial and legal obligations of the Port of 11
Southcentral Alaska. The legislature considers the continued operation of the Port of 12
Southcentral Alaska by the authority as provided in this Act an essential government function 13
of the state. 14 33-LS0995\B
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* Sec. 2. AS 30 is amended by adding a new chapter to read: 1
Chapter 19. Port of Southcentral Alaska Authority. 2
Article 1. Establishment and Organization. 3
Sec. 30.19.010. Creation of authority. The Port of Southcentral Alaska 4
Authority is created. The authority is a public corporation of the state and a body 5
corporate and is an instrumentality of the Department of Commerce, Community, and 6
Economic Development, but with separate and independent legal existence. 7
Sec. 30.19.020. Board of directors. (a) The powers of the authority are vested 8
in the board of directors. The board consists of 9
(1) the commissioner of commerce, community, and economic 10
development; 11
(2) the commissioner of transportation and public facilities; and 12
(3) seven public members appointed as follows: 13
(A) one member who has experience as an executive official of 14
an entity that is deemed a citizen of the United States under 46 U.S.C. 50501 15
(sec. 2, Shipping Act, 1916) engaged in the transport of merchandise in the 16
United States coastwise trade and who is a resident of the state, appointed by 17
the governor; 18
(B) one member appointed by the speaker of the house of 19
representatives; 20
(C) one member appointed by the president of the senate; 21
(D) one member appointed by the mayor of the Municipality of 22
Anchorage; 23
(E) one member appointed by the Anchorage Assembly; 24
(F) one member appointed by the mayor of the Matanuska-25
Susitna Borough; 26
(G) one member appointed by the Matanuska-Susitna Borough 27
Assembly. 28
(b) The board members appointed under (a)(3) of this section must have the 29
following qualifications: 30
(1) one member must have at least five years of experience in port 31 33-LS0995\B
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management; a person who is not a resident of the state may be appointed under this 1
paragraph; 2
(2) either the member appointed under (a)(3)(B) of this section or the 3
member appointed under (a)(3)(C) of this section must have at least five years of 4
experience as an owner or manager of a business in the state. 5
(c) The public members of the board appointed under (a)(3)(A) - (C) of this 6
section serve three-year terms. 7
(d) If a vacancy occurs in the membership of the board, the appointing 8
authority shall appoint a member for the unexpired portion of the term. 9
(e) The board shall create staggered terms for members in its first organizing 10
meeting. 11
Article 2. Management. 12
Sec. 30.19.100. Management by board. The board is responsible for the 13
management of the authority but shall delegate certain powers and duties to the chief 14
executive officer under AS 30.19.120. In managing the authority, the board shall 15
(1) manage the financial and legal obligations of the authority; 16
(2) generally manage the authority on a self-sustaining basis; 17
(3) apply to the legislature for an appropriation with the concurrence of 18
the governor to be used to provide a particular service or project that is not otherwise 19
self-sustaining if a subsidy is required to maintain that service or project; 20
(4) provide for safe, efficient, and economical transportation to meet 21
the overall needs of the state; 22
(5) raise needed capital by issuing revenue bonds of the authority upon 23
approval by the legislature while ensuring that borrowing by the authority does not 24
directly or indirectly endanger the state's own borrowing capacity; 25
(6) ensure that the procurement procedures of the authority meet 26
accepted industry standards; 27
(7) ensure that the accounting procedures of the authority meet 28
generally accepted accounting principles consistent with industry standards for 29
comparable authorities; 30
(8) consider the effect on port users and shippers and make good faith 31 33-LS0995\B
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efforts to reach a consensus among affected port users before implementing a funding 1
plan for a physical change, improvement, or modification to the port that requires 2
funding, in whole or in part, from affected port users; a change, improvement, or 3
modification under this paragraph must be made with the expectation, consistent with 4
precedent, that the funding be borne solely by the port users whose operations directly 5
benefit from the change, improvement, or modification; 6
(9) approve any tariff, surcharge, or fee assessed against a user of the 7
port. 8
Sec. 30.19.110. Executive officer. The board shall appoint a chief executive 9
officer of the authority who serves at the pleasure of the board. The board shall set 10
compensation for the chief executive officer. 11
Sec. 30.19.120. Delegation. The board shall by rule delegate powers and 12
duties to the chief executive officer. 13
Article 3. Administrative Provisions. 14
Sec. 30.19.150. Meetings of board. (a) The chair of the board shall call 15
meetings of the board. The chair shall preside at meetings. 16
(b) Except for executive sessions, the meetings of the board are public. The 17
board shall provide by rule for a method of providing reasonable notice to the public 18
of its meetings. 19
(c) The board shall keep minutes of each meeting. 20
Sec. 30.19.160. Quorum and voting. (a) Four members of the board constitute 21
a quorum for the transaction of business. 22
(b) Four affirmative votes are required for board action. The board shall 23
provide by rule for the manner of voting. The rules may provide for voting and 24
conferring by electronic media. A meeting held by electronic media has the same legal 25
effect as a meeting in person. 26
Sec. 30.19.170. Executive sessions. The question of whether to hold an 27
executive session shall require a quorum and at least four affirmative votes. The board 28
shall set by rule the actions that may be taken at executive session. 29
Sec. 30.19.180. Rules. (a) The board shall adopt rules to carry out its functions 30
and the purposes of this chapter. 31 33-LS0995\B
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(b) The board shall establish in the bylaws of the authority a procedure for the 1
adoption of a rule on an emergency basis. 2
(c) Adoption of a rule is not subject to (a) or (b) of this section if the rule 3
(1) relates only to the internal management of the authority; 4
(2) relates to a specific rate, tariff, division, or contract rate agreement; 5
(3) is directed to a specifically named person or group of persons and 6
does not apply to the general public; or 7
(4) relates to the use of public works under the jurisdiction of the 8
authority and the effect of the rule is indicated to the public by means of signs or 9
signals. 10
(d) The board shall adopt rules relating to conflicts of interest. 11
Article 4. Powers and Duties. 12
Sec. 30.19.200. General powers. In addition to the exercise of other powers 13
authorized by law, the authority may 14
(1) adopt a seal; 15
(2) adopt bylaws governing the business of the authority; 16
(3) sue and be sued; 17
(4) appoint trustees and agents of the authority and prescribe the 18
powers and duties of a trustee or agent; 19
(5) hire legal counsel to represent the authority; 20
(6) make contracts and execute instruments necessary or convenient in 21
the exercise of its powers and duties; 22
(7) acquire by purchase, lease, bequest, devise, gift, exchange, the 23
satisfaction of debts, the foreclosure of mortgages, or otherwise, personal property, 24
rights, rights-of-way, franchises, easements, and other interests in land, and acquire by 25
appropriation water rights that are located in the state, taking title to the property in the 26
name of the authority; 27
(8) hold, maintain, use, operate, improve, lease, exchange, donate, 28
convey, alienate, encumber, or otherwise grant a security interest in, or authorize use 29
or dispose of, land or personal property, subject to other provisions of this chapter; 30
(9) contract with and accept transfers, gifts, grants, or loans of funds or 31 33-LS0995\B
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property from the United States and the state or its political subdivisions, subject to 1
other provisions of federal or state law or municipal ordinances; 2
(10) undertake and provide for the management, operation, 3
maintenance, use, and control of all property of the authority; 4
(11) recommend to the legislature and the governor any tax, financing, 5
or financial arrangement the authority considers appropriate for expansion or 6
extension and operation of the port; 7
(12) maintain offices and facilities at places the authority designates; 8
(13) apply to the state, the United States, and other proper agencies for 9
a permit, license, right-of-way, or approval necessary to construct, maintain, and 10
operate port services, and obtain, hold, and reuse a license or permit in the same 11
manner as other ports; 12
(14) prescribe rates to be charged for services and establish port tariffs; 13
(15) enter into contracts, leases, and other agreements concerning the 14
services, activities, operations, property, and facilities of the authority; 15
(16) plan for and undertake replacement of port and rail facilities; 16
(17) hire and discharge personnel and determine benefits and other 17
terms and conditions of employment; 18
(18) assume all rights, liabilities, and obligations of the port as the port 19
previously existed as an enterprise of the Municipality of Anchorage; 20
(19) maintain a security force to enforce municipal ordinances, state 21
laws, and the authority's rules with respect to violations that occur on or to property 22
owned or managed by the authority; 23
(20) upon approval by the legislature under AS 30.19.230, issue 24
revenue bonds and provide for and secure payment of bonds, provide for the rights of 25
bondholders, hold or dispose of bonds, purchase the authority's bonds at a price not 26
more than the principal amount of a bond plus interest, cancel bonds of the authority 27
purchased by the authority, or secure the payment of its bonds by pledge, mortgage, or
28
other lien on its contracts, revenue, income, or property; 29
(21) consent to the modification of the rate of interest, time of payment 30
of an installment of principal or interest, or other term of a loan, contract, or 31 33-LS0995\B
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agreement to which the authority is a party; 1
(22) borrow money, including the amounts necessary to establish 2
reasonable reserves, and pay financing charges and interest on bonds for a reasonable 3
period after which the authority estimates other money will be available to pay the 4
interest, consultant, advisory, and legal fees, and other expenses necessary or incident 5
to borrowing; 6
(23) acquire, hold, and dispose of stocks, memberships, contracts, 7
bonds, general or limited partnership interests, or other interests in another 8
corporation, association, partnership, joint venture, or other legal entity, and exercise 9
the powers or rights in connection with these interests that are provided in contracts or 10
agreements and that are allowed by law concerning the satisfaction of debts; 11
(24) undertake and provide for the acquisition, construction, 12
maintenance, equipping, and operation of port and rail facilities; 13
(25) enter into agreements with a state agency or other instrumentality 14
or political subdivision of the state; 15
(26) apply for and receive grant funding; and 16
(27) do all things necessary or desirable to carry out the powers and 17
duties of the authority granted or necessarily implied in this chapter or other laws of 18
the state or the laws or regulations of the federal government. 19
Sec. 30.19.210. Annual report. Following the fiscal year of the authority, the 20
board shall deliver a report describing the operations and financial condition of the 21
authority during the preceding fiscal year to the governor and to the senate secretary 22
and chief clerk of the house of representatives and notify the legislature that the report 23
is available. 24
Sec. 30.19.220. Audits. The board shall have the financial records of the 25
authority audited annually. 26
Sec. 30.19.230. Legislative approval required. Unless the legislature 27
approves the action by law, the authority may not 28
(1) exchange, donate, sell, or otherwise convey its entire interest in 29
land; 30
(2) issue bonds; or 31 33-LS0995\B
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(3) lease land for a period of more than 35 years; this paragraph does 1
not apply if the lease agreement reserves the right of the authority to terminate the 2
lease should the land become needed for authority purposes. 3
Sec. 30.19.240. Long-range capital improvement and program plan. The 4
authority shall prepare, and the board shall adopt, an annual long-range capital 5
improvement and program plan. 6
Sec. 30.19.250. Use of authority assets. The authority shall apply all money, 7
property, other assets, and credit of the authority toward activities authorized by this 8
chapter. 9
Sec. 30.19.260. Indemnification. (a) The authority may defend and indemnify 10
a current or former member of the board, employee, or agent of the authority against 11
all costs, expenses, judgments, and liabilities, including attorney fees, incurred by or 12
imposed on that person in connection with a civil or criminal action in which the 13
person is involved by affiliation with the authority, if the person acted in good faith on 14
behalf of the authority and within the scope of official duties or powers. 15
(b) The authority may purchase insurance to protect and hold personally 16
harmless its employees, agents, and board members. 17
Article 5. Authority Property. 18
Sec. 30.19.300. Land, facilities, and other property. (a) The Municipality of 19
Anchorage shall transfer to the authority, and the authority shall take in its own name, 20
title to property owned and managed by, or under the control of, the Port of Alaska as 21
it was structured on the effective date of this Act, as an enterprise of the Municipality 22
of Anchorage. The property transferred under this subsection includes 23
(1) the port property as defined by Tracts H and I, Port of Anchorage 24
Subdivision, Addition 1 (Plat No. 2015-122, Anchorage Recording District), and Tract 25
J, Port of Anchorage Subdivision, Addition No. 2 (Plat No. 2012-19, Anchorage 26
Recording District); 27
(2) tidelands that have been transferred to the municipality and tidal 28
waters within the corporate limits of the municipality, except areas within the 29
exclusive jurisdiction of either the state or the United States. 30
(b) The Matanuska-Susitna Borough shall transfer to the authority, and the
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authority shall take in its own name, title to the following real property owned by the 1
borough: 2
(1) Township 14 North, Range 4 West, Seward Meridian 3
Sections 10 and 11: All 4
Section 12: Government Lots 3 and 4, W1/2 W1/2 5
Section 13: Government Lot 1, except lands leased by the 6
Chugach Electric Association, Government Lots 2 and 3, 7
W1/2 W1/2 8
Sections 14 and 15: All 9
Sections 20 - 23: All 10
Section 24: Government Lots 2 - 4, SW1/4 NW1/4, SE1/4 11
NW1/4 NW1/4, W1/2 NW1/4 NW1/4 12
Section 25: Government Lots 1 - 4, and Alaska Tideland Survey 13
No. 1440 14
Sections 26 - 28: All 15
Section 29: E1/2, N1/2 SW1/4, NW1/4 16
Section 33: N1/2 NE1/4 17
Section 34: NE1/4, N1/2 SE1/4, N1/2 NW1/4 18
Section 35: W1/2 NW1/4 SW1/4, W1/2 NW1/4; 19
(2) Township 14 North, Range 3 West, Seward Meridian 20
Section 30 (protracted): all tide and submerged land lying 21
northwesterly of the southeasterly boundary of the Matanuska-22
Susitna Borough; 23
(3) Township 14 North, Range 4 West, Seward Meridian 24
Section 24 (protracted): all tide and submerged land of the S1/2 25
Section 25 (protracted): all tide and submerged land easterly of 26
Alaska Tideland Survey No. 1440 27
Section 36 (protracted): all tide and submerged land of the N1/2 28
lying northwesterly of the southeasterly boundary of the 29
Matanuska-Susitna Borough. 30
(c) The authority may, subject to AS 30.19.230 and (d) of this section, lease, 31 33-LS0995\B
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grant easements in or permits for, or otherwise authorize use of land. 1
(d) A lease or disposal of land approved by the legislature under AS 30.19.230 2
by the authority to a party other than the state shall be made at fair market value, as 3
determined by a qualified appraiser, or by competitive bid. 4
Sec. 30.19.310. Eminent domain. The authority may exercise the power of 5
eminent domain under AS 09.55.240 - 09.55.460 to acquire land for port purposes 6
consistent with this chapter. 7
Sec. 30.19.320. Land use rules. The board may adopt exclusive rules 8
governing land use by persons having interest in or permits for land owned or 9
managed by the authority. 10
Sec. 30.19.330. Vacating easements. The authority may vacate an easement 11
acquired under this chapter by executing and filing a deed in the appropriate recording 12
district. 13
Sec. 30.19.340. Public use of land. Upon request of a municipality or the 14
state, the authority may authorize use of land for public purposes. 15
Sec. 30.19.350. Acquisition of governmental property. The authority, as an 16
instrumentality of the state, may acquire in its own name from the United States under 17
40 U.S.C. 545 note (Surplus Property Act of 1944), 40 U.S.C. 471 - 544 (Federal 18
Property and Administrative Services Act of 1949), or other law, property under the 19
control of a federal department or agency that is useful for the authority's purposes. 20
The authority may acquire from the Department of Administration property of the 21
state made available under AS 44.68.110 - 44.68.140. 22
Sec. 30.19.360. Adverse possession. No prescription or statute of limitations 23
runs against the title or interest of the authority to or in land owned by the authority or 24
under its jurisdiction. Title to or interest in land owned by the authority or under its 25
jurisdiction may not be acquired by adverse possession or prescription, or in any other 26
manner except by conveyance from or formal vacation by the authority. 27
Article 6. Financial Provisions. 28
Sec. 30.19.400. Limitation of liability. A liability incurred by the authority 29
shall be satisfied exclusively from the assets or revenue of the authority and no 30
creditor or other person has a right of action against the state because of a debt, 31 33-LS0995\B
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obligation, or liability of the authority. 1
Sec. 30.19.410. Fidelity bond. The authority shall obtain a fidelity bond in an 2
amount determined by the board for board members and each executive officer 3
responsible for accounts and finances. 4
Sec. 30.19.420. Insurance. The authority shall protect its assets, services, and 5
employees by purchasing insurance or providing for certain self-insurance retentions. 6
The authority shall also maintain casualty, property, business interruption, marine, 7
boiler and machinery, pollution liability, and other insurance in amounts reasonably 8
calculated. 9
Sec. 30.19.430. Revenue. Revenue generated by or appropriated to the 10
authority shall be retained and managed by the authority for port and related purposes. 11
Sec. 30.19.440. Appropriations. The authority may request, with the 12
concurrence of the governor, a direct appropriation or grant from the legislature to 13
assist in carrying out the provisions of this chapter. 14
Article 7. Revenue Bonds. 15
Sec. 30.19.600. General bond provisions. (a) Upon receiving legislative 16
approval under AS 30.19.230, the authority may issue revenue bonds by resolution to 17
provide money to carry out its purposes. 18
(b) Bonds may be issued in one or more series as provided by the resolution of 19
the board. 20
Sec. 30.19.610. Payment of bonds. The principal of and interest on bonds of 21
the authority is payable from authority money or assets. Bonds may be additionally 22
secured by a pledge of a grant or contribution from the federal or state government, a 23
municipality, a corporation, an association, an institution or a person, or a pledge of 24
money, income, or revenue of the authority from any source. 25
Sec. 30.19.620. Security for bonds. In the discretion of the board, an issue of 26
bonds may be secured by a trust indenture. 27
Sec. 30.19.630. Validity of signatures. If an officer of the authority whose 28
signature or electronic signature appears on a bond, or coupon attached to a bond, is 29
no longer an officer at the time of delivery of the bond or coupon, the signature or 30
electronic signature is valid the same as if the person had remained in office until 31 33-LS0995\B
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delivery. 1
Sec. 30.19.640. Validity of pledge. (a) The pledge of assets or revenue of the 2
authority to the payment of the principal or interest on bonds of the authority is valid 3
and binding from the time the pledge is made, and the assets or revenue are 4
immediately subject to the lien of the pledge without physical delivery or further act. 5
(b) Nothing in this section prohibits the authority from selling assets subject to 6
a pledge, except that a sale may be restricted by the trust agreement or resolution 7
providing for the issuance of the bonds. 8
Sec. 30.19.650. State pledge. The state pledges to and agrees with the holders 9
of bonds issued under this chapter, and with the federal agency that loans or 10
contributes funds in respect to a project, that the state will not limit or alter the rights 11
and powers vested in the authority by this chapter to fulfill the terms of a contract 12
made by the authority with the holders or federal agency, or in any way impair the 13
rights and remedies of the holders until the bonds, together with the interest on the 14
bonds, including interest on unpaid installments of interest, and all costs and expenses 15
in connection with an action or proceeding by or on behalf of the holders, are fully met 16
and discharged. The authority may include this pledge and agreement of the state, 17
insofar as it refers to holders of bonds of the authority, in a contract with the holders, 18
and insofar as it relates to a federal agency, in a contract with the federal agency. 19
Sec. 30.19.660. Remedies. The board shall develop by resolution remedies for 20
bondholders for nonpayment. 21
Sec. 30.19.670. Credit of state not pledged. The state and its political 22
subdivisions are not liable for the debts of the authority. 23
Article 8. Personnel and Labor Relations. 24
Sec. 30.19.700. Political activities. Money, assets, or property of the authority 25
may not be used for political activities. However, board members and employees may 26
communicate with and appear before committees of the United States Congress, the 27
state legislature, and municipal governing bodies in connection with matters directly 28
affecting the authority. 29
Sec. 30.19.710. Authority employees. Employees of the port are employees of 30
the authority and not of the state. The provisions of AS 39 do not apply to employees 31 33-LS0995\B
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of the authority. 1
Sec. 30.19.720. Collective bargaining rights. The provisions of AS 23.40.070 2
- 23.40.260 (Public Employment Relations Act) do not apply to the authority or to its 3
employees. However, employees who are not executive officers may organize and 4
form, join, or assist an organization to engage in collective bargaining through 5
representatives of the employees' choosing and engage in concerted activities for the 6
purpose of collective bargaining or other mutual aid or protection. 7
Article 9. General Provisions. 8
Sec. 30.19.900. Claims. (a) All claims and lawsuits involving activities of the 9
authority, including suits in contract, quasi-contract, or tort, shall be brought against 10
the authority and not against the state. 11
(b) Claims against the authority are not subject to the provisions of AS 44.77 12
regarding claims against the state. 13
(c) The authority is not subject to the provisions of AS 44.80.010 regarding 14
the state as a party to an action. 15
Sec. 30.19.910. Exemption from taxation. (a) The exercise of the powers 16
granted by this chapter shall be in all respects for the benefit of the people of the state, 17
for the well-being and prosperity of the people, and for the improvement of people's 18
social and economic conditions. Subject to (b) of this section, the real and personal 19
property of the authority and its assets, income, and receipts are exempt from all taxes 20
and special assessments of the state or a political subdivision of the state. 21
(b) Bonds and notes issued under this chapter are issued by a body corporate 22
and public of the state and for an essential public and governmental purpose. 23
Therefore, the bonds and notes, the interest and income from the bonds and notes, and 24
all fees, charges, funds, revenue, income, and other money pledged or available to pay 25
or secure the payment of the bonds and notes, or interest on the bonds and notes, are 26
exempt from taxation, except for inheritance, transfer, and estate taxes. 27
(c) This section does not affect or limit an exemption from license fees, 28
property taxes, or excise, income, or other taxes provided under any other law, nor 29
does this section create a tax exemption with respect to the interest of any business 30
enterprise or other person, other than the authority. 31 33-LS0995\B
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Sec. 30.19.920. Application of existing laws. Unless specifically provided 1
otherwise in this chapter, the following laws do not apply to the operations of the 2
authority: 3
(1) AS 19; 4
(2) AS 30.15; 5
(3) AS 35; 6
(4) AS 37.05; 7
(5) AS 37.07; 8
(6) AS 37.10.010 - 37.10.060; 9
(7) AS 37.10.085; 10
(8) AS 37.20; 11
(9) AS 37.25; 12
(10) AS 38; 13
(11) AS 44.62.040 - 44.62.320. 14
Sec. 30.19.930. Conflicting laws inapplicable. If provisions of this chapter 15
conflict with the provisions of other state law, the provisions of this chapter prevail. 16
Sec. 30.19.990. Definitions. In this chapter, unless the context otherwise 17
requires, 18
(1) "authority" means the Port of Southcentral Alaska Authority 19
created by this chapter; 20
(2) "board" means the board of directors of the authority; 21
(3) "bond" means a bond, bond anticipation note, note, refunding bond, 22
or other obligation; 23
(4) "collective bargaining" means the performance of the mutual 24
obligation of the authority or its designated representatives and the representatives of 25
the employees to meet at reasonable times, including meetings in advance of the 26
budget making process, and negotiating in good faith with respect to wages, hours, 27
and other terms and conditions of employment, or the negotiation of an agreement, or 28
negotiation of a question arising under an agreement and the execution of a written 29
contract incorporating an agreement reached if requested by either party, but these 30
obligations do not compel either party to agree to a proposal or require the making of a 31 33-LS0995\B
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concession; 1
(5) "employee" means a person employed by the authority, including 2
an executive officer; 3
(6) "executive officer" means the authority's chief executive officer; 4
(7) "land" means any interest in real property, including tide and 5
submerged land, and any right appurtenant to the interest; 6
(8) "port" means the Port of Southcentral Alaska in Anchorage; 7
(9) "rule" means a standard of general application or the amendment, 8
supplement, revision, or repeal of a standard adopted by the authority to implement, 9
interpret, or make specific the law enforced or administered by the authority or to 10
govern its procedure; 11
(10) "terms and conditions of employment" means the hours of 12
employment, the compensation and fringe benefits, and the employer's personnel 13
policies affecting the working conditions of the employees, but does not mean the 14
general policies describing the function and purposes of an employer. 15
Sec. 30.19.995. Short title. This chapter may be referred to as the Port of 16
Southcentral Alaska Authority Act. 17
* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 18
read: 19
TRANSITIONAL PROVISIONS. (a) Not later than 180 days after the effective date 20
of this Act, the Municipality of Anchorage shall by ordinance enumerate and transfer to the 21
Port of Southcentral Alaska Authority property and funds owned and managed by, or under 22
the control of, the Port of Alaska as it is structured as an enterprise of the municipality on the 23
effective date of this Act. The property described in this subsection includes 24
(1) the port property as defined by Tracts H and I, Port of Anchorage 25
Subdivision, Addition 1 (Plat No. 2015-122, Anchorage Recording District), and Tract J, Port 26
of Anchorage Subdivision, Addition No. 2 (Plat No. 2012-19, Anchorage Recording District); 27
and 28
(2) tidelands that have been transferred to the municipality and tidal waters 29
within the corporate limits of the municipality, except areas within the exclusive jurisdiction 30
of either the state or the United States. 31 33-LS0995\B
HB 255 -16- HB0255a
New Text Underlined [DELETED TEXT BRACKETED]
(b) Not later than 180 days after the effective date of this Act, the Matanuska-Susitna 1
Borough shall by ordinance transfer to the Port of Southcentral Alaska Authority the 2
following real property owned by the borough: 3
(1) Township 14 North, Range 4 West, Seward Meridian 4
Sections 10 and 11: All 5
Section 12: Government Lots 3 and 4, W1/2 W1/2 6
Section 13: Government Lot 1, except lands leased by the Chugach 7
Electric Association, Government Lots 2 and 3, W1/2 W1/2 8
Sections 14 and 15: All 9
Sections 20 - 23: All 10
Section 24: Government Lots 2 - 4, SW1/4 NW1/4, SE1/4 NW1/4 11
NW1/4, W1/2 NW1/4 NW1/4 12
Section 25: Government Lots 1 - 4, and Alaska Tideland Survey No. 13
1440 14
Sections 26 - 28: All 15
Section 29: E1/2, N1/2 SW1/4, NW1/4 16
Section 33: N1/2 NE1/4 17
Section 34: NE1/4, N1/2 SE1/4, N1/2 NW1/4 18
Section 35: W1/2 NW1/4 SW1/4, W1/2 NW1/4; 19
(2) Township 14 North, Range 3 West, Seward Meridian 20
Section 30 (protracted): all tide and submerged land lying 21
northwesterly of the southeasterly boundary of the Matanuska-Susitna 22
Borough; 23
(3) Township 14 North, Range 4 West, Seward Meridian 24
Section 24 (protracted): all tide and submerged land of the S1/2 25
Section 25 (protracted): all tide and submerged land easterly of Alaska 26
Tideland Survey No. 1440 27
Section 36 (protracted): all tide and submerged land of the N1/2 lying 28
northwesterly of the southeasterly boundary of the Matanuska-Susitna 29
Borough. 30
(c) As of the effective date of the ordinance described in (a) of this section, the Port of 31 33-LS0995\B
HB0255a -17- HB 255
New Text Underlined [DELETED TEXT BRACKETED]
Southcentral Alaska Authority shall fund litigation related to proceedings for Anchorage, a 1
Municipal Corporation v. United States, Case No. 14-166C, United States Court of Federal 2
Claims, and the ordinance must obligate the Municipality of Anchorage to transfer to the 3
authority funds received resulting from the litigation. The ordinance must also obligate the 4
municipality to transfer to the authority all funds not yet expended that were granted to the 5
municipality, and that have been or will be received by the municipality, for a component of 6
the Port of Anchorage Intermodal Expansion Project or the Port of Alaska Modernization 7
Project. Notwithstanding any other provision of law, the Municipality of Anchorage is not 8
required to conduct a termination cost study under AS 39.35, or make a payment under 9
AS 39.35.625 for any department, group, or classification of employees that, after the date of 10
transfer and as a result of this Act, no longer participate in a plan under AS 39.35. 11
(d) As soon as practicable after the transfer of the Port of Alaska to the Port of 12
Southcentral Alaska Authority, the Port of Southcentral Alaska and its employees shall adopt 13
collective bargaining agreements that continue the provisions of the agreements in effect 14
between the Port of Alaska and its employees on the date of the transfer. 15
(e) The board of directors of the Port of Southcentral Alaska Authority may provide 16
by resolution that rules and orders in effect on the date of transfer remain in effect until 17
amended or repealed by the board. 18
* Sec. 4. This Act takes effect immediately under AS 01.10.070(c). 19