Alaska 2023-2024 Regular Session

Alaska House Bill HB255 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0255a -1- HB 255
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11	11	HOUSE BILL NO. 255
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - SECOND SESSION
16	16
17	17	BY REPRESENTATIVE MCCABE
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19	19	Introduced: 1/12/24
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to the Port of Southcentral Alaska; establishing the Port of 1
28	28	Southcentral Alaska Authority to manage and operate the Port of Southcentral Alaska; 2
29	29	and providing for an effective date." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 5
32	32	to read: 6
33	33	LEGISLATIVE FINDINGS AND INTENT. The legislature finds that it is in the best 7
34	34	interests of the state to create an authority with the powers, duties, and functions needed to 8
35	35	operate the Port of Southcentral Alaska in Anchorage and manage its seaport, industrial, and 9
36	36	other properties in the best interests of the people of the state and to ensure that the authority 10
37	37	is exclusively responsible for managing the financial and legal obligations of the Port of 11
38	38	Southcentral Alaska. The legislature considers the continued operation of the Port of 12
39	39	Southcentral Alaska by the authority as provided in this Act an essential government function 13
40	40	of the state. 14 33-LS0995\B
41	41	HB 255 -2- HB0255a
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44	44	* Sec. 2. AS 30 is amended by adding a new chapter to read: 1
45	45	Chapter 19. Port of Southcentral Alaska Authority. 2
46	46	Article 1. Establishment and Organization. 3
47	47	Sec. 30.19.010. Creation of authority. The Port of Southcentral Alaska 4
48	48	Authority is created. The authority is a public corporation of the state and a body 5
49	49	corporate and is an instrumentality of the Department of Commerce, Community, and 6
50	50	Economic Development, but with separate and independent legal existence. 7
51	51	Sec. 30.19.020. Board of directors. (a) The powers of the authority are vested 8
52	52	in the board of directors. The board consists of 9
53	53	(1) the commissioner of commerce, community, and economic 10
54	54	development; 11
55	55	(2) the commissioner of transportation and public facilities; and 12
56	56	(3) seven public members appointed as follows: 13
57	57	(A) one member who has experience as an executive official of 14
58	58	an entity that is deemed a citizen of the United States under 46 U.S.C. 50501 15
59	59	(sec. 2, Shipping Act, 1916) engaged in the transport of merchandise in the 16
60	60	United States coastwise trade and who is a resident of the state, appointed by 17
61	61	the governor; 18
62	62	(B) one member appointed by the speaker of the house of 19
63	63	representatives; 20
64	64	(C) one member appointed by the president of the senate; 21
65	65	(D) one member appointed by the mayor of the Municipality of 22
66	66	Anchorage; 23
67	67	(E) one member appointed by the Anchorage Assembly; 24
68	68	(F) one member appointed by the mayor of the Matanuska-25
69	69	Susitna Borough; 26
70	70	(G) one member appointed by the Matanuska-Susitna Borough 27
71	71	Assembly. 28
72	72	(b) The board members appointed under (a)(3) of this section must have the 29
73	73	following qualifications: 30
74	74	(1) one member must have at least five years of experience in port 31 33-LS0995\B
75	75	HB0255a -3- HB 255
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78	78	management; a person who is not a resident of the state may be appointed under this 1
79	79	paragraph; 2
80	80	(2) either the member appointed under (a)(3)(B) of this section or the 3
81	81	member appointed under (a)(3)(C) of this section must have at least five years of 4
82	82	experience as an owner or manager of a business in the state. 5
83	83	(c) The public members of the board appointed under (a)(3)(A) - (C) of this 6
84	84	section serve three-year terms. 7
85	85	(d) If a vacancy occurs in the membership of the board, the appointing 8
86	86	authority shall appoint a member for the unexpired portion of the term. 9
87	87	(e) The board shall create staggered terms for members in its first organizing 10
88	88	meeting. 11
89	89	Article 2. Management. 12
90	90	Sec. 30.19.100. Management by board. The board is responsible for the 13
91	91	management of the authority but shall delegate certain powers and duties to the chief 14
92	92	executive officer under AS 30.19.120. In managing the authority, the board shall 15
93	93	(1) manage the financial and legal obligations of the authority; 16
94	94	(2) generally manage the authority on a self-sustaining basis; 17
95	95	(3) apply to the legislature for an appropriation with the concurrence of 18
96	96	the governor to be used to provide a particular service or project that is not otherwise 19
97	97	self-sustaining if a subsidy is required to maintain that service or project; 20
98	98	(4) provide for safe, efficient, and economical transportation to meet 21
99	99	the overall needs of the state; 22
100	100	(5) raise needed capital by issuing revenue bonds of the authority upon 23
101	101	approval by the legislature while ensuring that borrowing by the authority does not 24
102	102	directly or indirectly endanger the state's own borrowing capacity; 25
103	103	(6) ensure that the procurement procedures of the authority meet 26
104	104	accepted industry standards; 27
105	105	(7) ensure that the accounting procedures of the authority meet 28
106	106	generally accepted accounting principles consistent with industry standards for 29
107	107	comparable authorities; 30
108	108	(8) consider the effect on port users and shippers and make good faith 31 33-LS0995\B
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112	112	efforts to reach a consensus among affected port users before implementing a funding 1
113	113	plan for a physical change, improvement, or modification to the port that requires 2
114	114	funding, in whole or in part, from affected port users; a change, improvement, or 3
115	115	modification under this paragraph must be made with the expectation, consistent with 4
116	116	precedent, that the funding be borne solely by the port users whose operations directly 5
117	117	benefit from the change, improvement, or modification; 6
118	118	(9) approve any tariff, surcharge, or fee assessed against a user of the 7
119	119	port. 8
120	120	Sec. 30.19.110. Executive officer. The board shall appoint a chief executive 9
121	121	officer of the authority who serves at the pleasure of the board. The board shall set 10
122	122	compensation for the chief executive officer. 11
123	123	Sec. 30.19.120. Delegation. The board shall by rule delegate powers and 12
124	124	duties to the chief executive officer. 13
125	125	Article 3. Administrative Provisions. 14
126	126	Sec. 30.19.150. Meetings of board. (a) The chair of the board shall call 15
127	127	meetings of the board. The chair shall preside at meetings. 16
128	128	(b) Except for executive sessions, the meetings of the board are public. The 17
129	129	board shall provide by rule for a method of providing reasonable notice to the public 18
130	130	of its meetings. 19
131	131	(c) The board shall keep minutes of each meeting. 20
132	132	Sec. 30.19.160. Quorum and voting. (a) Four members of the board constitute 21
133	133	a quorum for the transaction of business. 22
134	134	(b) Four affirmative votes are required for board action. The board shall 23
135	135	provide by rule for the manner of voting. The rules may provide for voting and 24
136	136	conferring by electronic media. A meeting held by electronic media has the same legal 25
137	137	effect as a meeting in person. 26
138	138	Sec. 30.19.170. Executive sessions. The question of whether to hold an 27
139	139	executive session shall require a quorum and at least four affirmative votes. The board 28
140	140	shall set by rule the actions that may be taken at executive session. 29
141	141	Sec. 30.19.180. Rules. (a) The board shall adopt rules to carry out its functions 30
142	142	and the purposes of this chapter. 31 33-LS0995\B
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146	146	(b) The board shall establish in the bylaws of the authority a procedure for the 1
147	147	adoption of a rule on an emergency basis. 2
148	148	(c) Adoption of a rule is not subject to (a) or (b) of this section if the rule 3
149	149	(1) relates only to the internal management of the authority; 4
150	150	(2) relates to a specific rate, tariff, division, or contract rate agreement; 5
151	151	(3) is directed to a specifically named person or group of persons and 6
152	152	does not apply to the general public; or 7
153	153	(4) relates to the use of public works under the jurisdiction of the 8
154	154	authority and the effect of the rule is indicated to the public by means of signs or 9
155	155	signals. 10
156	156	(d) The board shall adopt rules relating to conflicts of interest. 11
157	157	Article 4. Powers and Duties. 12
158	158	Sec. 30.19.200. General powers. In addition to the exercise of other powers 13
159	159	authorized by law, the authority may 14
160	160	(1) adopt a seal; 15
161	161	(2) adopt bylaws governing the business of the authority; 16
162	162	(3) sue and be sued; 17
163	163	(4) appoint trustees and agents of the authority and prescribe the 18
164	164	powers and duties of a trustee or agent; 19
165	165	(5) hire legal counsel to represent the authority; 20
166	166	(6) make contracts and execute instruments necessary or convenient in 21
167	167	the exercise of its powers and duties; 22
168	168	(7) acquire by purchase, lease, bequest, devise, gift, exchange, the 23
169	169	satisfaction of debts, the foreclosure of mortgages, or otherwise, personal property, 24
170	170	rights, rights-of-way, franchises, easements, and other interests in land, and acquire by 25
171	171	appropriation water rights that are located in the state, taking title to the property in the 26
172	172	name of the authority; 27
173	173	(8) hold, maintain, use, operate, improve, lease, exchange, donate, 28
174	174	convey, alienate, encumber, or otherwise grant a security interest in, or authorize use 29
175	175	or dispose of, land or personal property, subject to other provisions of this chapter; 30
176	176	(9) contract with and accept transfers, gifts, grants, or loans of funds or 31 33-LS0995\B
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180	180	property from the United States and the state or its political subdivisions, subject to 1
181	181	other provisions of federal or state law or municipal ordinances; 2
182	182	(10) undertake and provide for the management, operation, 3
183	183	maintenance, use, and control of all property of the authority; 4
184	184	(11) recommend to the legislature and the governor any tax, financing, 5
185	185	or financial arrangement the authority considers appropriate for expansion or 6
186	186	extension and operation of the port; 7
187	187	(12) maintain offices and facilities at places the authority designates; 8
188	188	(13) apply to the state, the United States, and other proper agencies for 9
189	189	a permit, license, right-of-way, or approval necessary to construct, maintain, and 10
190	190	operate port services, and obtain, hold, and reuse a license or permit in the same 11
191	191	manner as other ports; 12
192	192	(14) prescribe rates to be charged for services and establish port tariffs; 13
193	193	(15) enter into contracts, leases, and other agreements concerning the 14
194	194	services, activities, operations, property, and facilities of the authority; 15
195	195	(16) plan for and undertake replacement of port and rail facilities; 16
196	196	(17) hire and discharge personnel and determine benefits and other 17
197	197	terms and conditions of employment; 18
198	198	(18) assume all rights, liabilities, and obligations of the port as the port 19
199	199	previously existed as an enterprise of the Municipality of Anchorage; 20
200	200	(19) maintain a security force to enforce municipal ordinances, state 21
201	201	laws, and the authority's rules with respect to violations that occur on or to property 22
202	202	owned or managed by the authority; 23
203	203	(20) upon approval by the legislature under AS 30.19.230, issue 24
204	204	revenue bonds and provide for and secure payment of bonds, provide for the rights of 25
205	205	bondholders, hold or dispose of bonds, purchase the authority's bonds at a price not 26
206	206	more than the principal amount of a bond plus interest, cancel bonds of the authority 27
207	207	purchased by the authority, or secure the payment of its bonds by pledge, mortgage, or
208	208	28
209	209	other lien on its contracts, revenue, income, or property; 29
210	210	(21) consent to the modification of the rate of interest, time of payment 30
211	211	of an installment of principal or interest, or other term of a loan, contract, or 31 33-LS0995\B
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215	215	agreement to which the authority is a party; 1
216	216	(22) borrow money, including the amounts necessary to establish 2
217	217	reasonable reserves, and pay financing charges and interest on bonds for a reasonable 3
218	218	period after which the authority estimates other money will be available to pay the 4
219	219	interest, consultant, advisory, and legal fees, and other expenses necessary or incident 5
220	220	to borrowing; 6
221	221	(23) acquire, hold, and dispose of stocks, memberships, contracts, 7
222	222	bonds, general or limited partnership interests, or other interests in another 8
223	223	corporation, association, partnership, joint venture, or other legal entity, and exercise 9
224	224	the powers or rights in connection with these interests that are provided in contracts or 10
225	225	agreements and that are allowed by law concerning the satisfaction of debts; 11
226	226	(24) undertake and provide for the acquisition, construction, 12
227	227	maintenance, equipping, and operation of port and rail facilities; 13
228	228	(25) enter into agreements with a state agency or other instrumentality 14
229	229	or political subdivision of the state; 15
230	230	(26) apply for and receive grant funding; and 16
231	231	(27) do all things necessary or desirable to carry out the powers and 17
232	232	duties of the authority granted or necessarily implied in this chapter or other laws of 18
233	233	the state or the laws or regulations of the federal government. 19
234	234	Sec. 30.19.210. Annual report. Following the fiscal year of the authority, the 20
235	235	board shall deliver a report describing the operations and financial condition of the 21
236	236	authority during the preceding fiscal year to the governor and to the senate secretary 22
237	237	and chief clerk of the house of representatives and notify the legislature that the report 23
238	238	is available. 24
239	239	Sec. 30.19.220. Audits. The board shall have the financial records of the 25
240	240	authority audited annually. 26
241	241	Sec. 30.19.230. Legislative approval required. Unless the legislature 27
242	242	approves the action by law, the authority may not 28
243	243	(1) exchange, donate, sell, or otherwise convey its entire interest in 29
244	244	land; 30
245	245	(2) issue bonds; or 31 33-LS0995\B
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249	249	(3) lease land for a period of more than 35 years; this paragraph does 1
250	250	not apply if the lease agreement reserves the right of the authority to terminate the 2
251	251	lease should the land become needed for authority purposes. 3
252	252	Sec. 30.19.240. Long-range capital improvement and program plan. The 4
253	253	authority shall prepare, and the board shall adopt, an annual long-range capital 5
254	254	improvement and program plan. 6
255	255	Sec. 30.19.250. Use of authority assets. The authority shall apply all money, 7
256	256	property, other assets, and credit of the authority toward activities authorized by this 8
257	257	chapter. 9
258	258	Sec. 30.19.260. Indemnification. (a) The authority may defend and indemnify 10
259	259	a current or former member of the board, employee, or agent of the authority against 11
260	260	all costs, expenses, judgments, and liabilities, including attorney fees, incurred by or 12
261	261	imposed on that person in connection with a civil or criminal action in which the 13
262	262	person is involved by affiliation with the authority, if the person acted in good faith on 14
263	263	behalf of the authority and within the scope of official duties or powers. 15
264	264	(b) The authority may purchase insurance to protect and hold personally 16
265	265	harmless its employees, agents, and board members. 17
266	266	Article 5. Authority Property. 18
267	267	Sec. 30.19.300. Land, facilities, and other property. (a) The Municipality of 19
268	268	Anchorage shall transfer to the authority, and the authority shall take in its own name, 20
269	269	title to property owned and managed by, or under the control of, the Port of Alaska as 21
270	270	it was structured on the effective date of this Act, as an enterprise of the Municipality 22
271	271	of Anchorage. The property transferred under this subsection includes 23
272	272	(1) the port property as defined by Tracts H and I, Port of Anchorage 24
273	273	Subdivision, Addition 1 (Plat No. 2015-122, Anchorage Recording District), and Tract 25
274	274	J, Port of Anchorage Subdivision, Addition No. 2 (Plat No. 2012-19, Anchorage 26
275	275	Recording District); 27
276	276	(2) tidelands that have been transferred to the municipality and tidal 28
277	277	waters within the corporate limits of the municipality, except areas within the 29
278	278	exclusive jurisdiction of either the state or the United States. 30
279	279	(b) The Matanuska-Susitna Borough shall transfer to the authority, and the
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284	284	authority shall take in its own name, title to the following real property owned by the 1
285	285	borough: 2
286	286	(1) Township 14 North, Range 4 West, Seward Meridian 3
287	287	Sections 10 and 11: All 4
288	288	Section 12: Government Lots 3 and 4, W1/2 W1/2 5
289	289	Section 13: Government Lot 1, except lands leased by the 6
290	290	Chugach Electric Association, Government Lots 2 and 3, 7
291	291	W1/2 W1/2 8
292	292	Sections 14 and 15: All 9
293	293	Sections 20 - 23: All 10
294	294	Section 24: Government Lots 2 - 4, SW1/4 NW1/4, SE1/4 11
295	295	NW1/4 NW1/4, W1/2 NW1/4 NW1/4 12
296	296	Section 25: Government Lots 1 - 4, and Alaska Tideland Survey 13
297	297	No. 1440 14
298	298	Sections 26 - 28: All 15
299	299	Section 29: E1/2, N1/2 SW1/4, NW1/4 16
300	300	Section 33: N1/2 NE1/4 17
301	301	Section 34: NE1/4, N1/2 SE1/4, N1/2 NW1/4 18
302	302	Section 35: W1/2 NW1/4 SW1/4, W1/2 NW1/4; 19
303	303	(2) Township 14 North, Range 3 West, Seward Meridian 20
304	304	Section 30 (protracted): all tide and submerged land lying 21
305	305	northwesterly of the southeasterly boundary of the Matanuska-22
306	306	Susitna Borough; 23
307	307	(3) Township 14 North, Range 4 West, Seward Meridian 24
308	308	Section 24 (protracted): all tide and submerged land of the S1/2 25
309	309	Section 25 (protracted): all tide and submerged land easterly of 26
310	310	Alaska Tideland Survey No. 1440 27
311	311	Section 36 (protracted): all tide and submerged land of the N1/2 28
312	312	lying northwesterly of the southeasterly boundary of the 29
313	313	Matanuska-Susitna Borough. 30
314	314	(c) The authority may, subject to AS 30.19.230 and (d) of this section, lease, 31 33-LS0995\B
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318	318	grant easements in or permits for, or otherwise authorize use of land. 1
319	319	(d) A lease or disposal of land approved by the legislature under AS 30.19.230 2
320	320	by the authority to a party other than the state shall be made at fair market value, as 3
321	321	determined by a qualified appraiser, or by competitive bid. 4
322	322	Sec. 30.19.310. Eminent domain. The authority may exercise the power of 5
323	323	eminent domain under AS 09.55.240 - 09.55.460 to acquire land for port purposes 6
324	324	consistent with this chapter. 7
325	325	Sec. 30.19.320. Land use rules. The board may adopt exclusive rules 8
326	326	governing land use by persons having interest in or permits for land owned or 9
327	327	managed by the authority. 10
328	328	Sec. 30.19.330. Vacating easements. The authority may vacate an easement 11
329	329	acquired under this chapter by executing and filing a deed in the appropriate recording 12
330	330	district. 13
331	331	Sec. 30.19.340. Public use of land. Upon request of a municipality or the 14
332	332	state, the authority may authorize use of land for public purposes. 15
333	333	Sec. 30.19.350. Acquisition of governmental property. The authority, as an 16
334	334	instrumentality of the state, may acquire in its own name from the United States under 17
335	335	40 U.S.C. 545 note (Surplus Property Act of 1944), 40 U.S.C. 471 - 544 (Federal 18
336	336	Property and Administrative Services Act of 1949), or other law, property under the 19
337	337	control of a federal department or agency that is useful for the authority's purposes. 20
338	338	The authority may acquire from the Department of Administration property of the 21
339	339	state made available under AS 44.68.110 - 44.68.140. 22
340	340	Sec. 30.19.360. Adverse possession. No prescription or statute of limitations 23
341	341	runs against the title or interest of the authority to or in land owned by the authority or 24
342	342	under its jurisdiction. Title to or interest in land owned by the authority or under its 25
343	343	jurisdiction may not be acquired by adverse possession or prescription, or in any other 26
344	344	manner except by conveyance from or formal vacation by the authority. 27
345	345	Article 6. Financial Provisions. 28
346	346	Sec. 30.19.400. Limitation of liability. A liability incurred by the authority 29
347	347	shall be satisfied exclusively from the assets or revenue of the authority and no 30
348	348	creditor or other person has a right of action against the state because of a debt, 31 33-LS0995\B
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352	352	obligation, or liability of the authority. 1
353	353	Sec. 30.19.410. Fidelity bond. The authority shall obtain a fidelity bond in an 2
354	354	amount determined by the board for board members and each executive officer 3
355	355	responsible for accounts and finances. 4
356	356	Sec. 30.19.420. Insurance. The authority shall protect its assets, services, and 5
357	357	employees by purchasing insurance or providing for certain self-insurance retentions. 6
358	358	The authority shall also maintain casualty, property, business interruption, marine, 7
359	359	boiler and machinery, pollution liability, and other insurance in amounts reasonably 8
360	360	calculated. 9
361	361	Sec. 30.19.430. Revenue. Revenue generated by or appropriated to the 10
362	362	authority shall be retained and managed by the authority for port and related purposes. 11
363	363	Sec. 30.19.440. Appropriations. The authority may request, with the 12
364	364	concurrence of the governor, a direct appropriation or grant from the legislature to 13
365	365	assist in carrying out the provisions of this chapter. 14
366	366	Article 7. Revenue Bonds. 15
367	367	Sec. 30.19.600. General bond provisions. (a) Upon receiving legislative 16
368	368	approval under AS 30.19.230, the authority may issue revenue bonds by resolution to 17
369	369	provide money to carry out its purposes. 18
370	370	(b) Bonds may be issued in one or more series as provided by the resolution of 19
371	371	the board. 20
372	372	Sec. 30.19.610. Payment of bonds. The principal of and interest on bonds of 21
373	373	the authority is payable from authority money or assets. Bonds may be additionally 22
374	374	secured by a pledge of a grant or contribution from the federal or state government, a 23
375	375	municipality, a corporation, an association, an institution or a person, or a pledge of 24
376	376	money, income, or revenue of the authority from any source. 25
377	377	Sec. 30.19.620. Security for bonds. In the discretion of the board, an issue of 26
378	378	bonds may be secured by a trust indenture. 27
379	379	Sec. 30.19.630. Validity of signatures. If an officer of the authority whose 28
380	380	signature or electronic signature appears on a bond, or coupon attached to a bond, is 29
381	381	no longer an officer at the time of delivery of the bond or coupon, the signature or 30
382	382	electronic signature is valid the same as if the person had remained in office until 31 33-LS0995\B
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386	386	delivery. 1
387	387	Sec. 30.19.640. Validity of pledge. (a) The pledge of assets or revenue of the 2
388	388	authority to the payment of the principal or interest on bonds of the authority is valid 3
389	389	and binding from the time the pledge is made, and the assets or revenue are 4
390	390	immediately subject to the lien of the pledge without physical delivery or further act. 5
391	391	(b) Nothing in this section prohibits the authority from selling assets subject to 6
392	392	a pledge, except that a sale may be restricted by the trust agreement or resolution 7
393	393	providing for the issuance of the bonds. 8
394	394	Sec. 30.19.650. State pledge. The state pledges to and agrees with the holders 9
395	395	of bonds issued under this chapter, and with the federal agency that loans or 10
396	396	contributes funds in respect to a project, that the state will not limit or alter the rights 11
397	397	and powers vested in the authority by this chapter to fulfill the terms of a contract 12
398	398	made by the authority with the holders or federal agency, or in any way impair the 13
399	399	rights and remedies of the holders until the bonds, together with the interest on the 14
400	400	bonds, including interest on unpaid installments of interest, and all costs and expenses 15
401	401	in connection with an action or proceeding by or on behalf of the holders, are fully met 16
402	402	and discharged. The authority may include this pledge and agreement of the state, 17
403	403	insofar as it refers to holders of bonds of the authority, in a contract with the holders, 18
404	404	and insofar as it relates to a federal agency, in a contract with the federal agency. 19
405	405	Sec. 30.19.660. Remedies. The board shall develop by resolution remedies for 20
406	406	bondholders for nonpayment. 21
407	407	Sec. 30.19.670. Credit of state not pledged. The state and its political 22
408	408	subdivisions are not liable for the debts of the authority. 23
409	409	Article 8. Personnel and Labor Relations. 24
410	410	Sec. 30.19.700. Political activities. Money, assets, or property of the authority 25
411	411	may not be used for political activities. However, board members and employees may 26
412	412	communicate with and appear before committees of the United States Congress, the 27
413	413	state legislature, and municipal governing bodies in connection with matters directly 28
414	414	affecting the authority. 29
415	415	Sec. 30.19.710. Authority employees. Employees of the port are employees of 30
416	416	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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420	420	of the authority. 1
421	421	Sec. 30.19.720. Collective bargaining rights. The provisions of AS 23.40.070 2
422	422	- 23.40.260 (Public Employment Relations Act) do not apply to the authority or to its 3
423	423	employees. However, employees who are not executive officers may organize and 4
424	424	form, join, or assist an organization to engage in collective bargaining through 5
425	425	representatives of the employees' choosing and engage in concerted activities for the 6
426	426	purpose of collective bargaining or other mutual aid or protection. 7
427	427	Article 9. General Provisions. 8
428	428	Sec. 30.19.900. Claims. (a) All claims and lawsuits involving activities of the 9
429	429	authority, including suits in contract, quasi-contract, or tort, shall be brought against 10
430	430	the authority and not against the state. 11
431	431	(b) Claims against the authority are not subject to the provisions of AS 44.77 12
432	432	regarding claims against the state. 13
433	433	(c) The authority is not subject to the provisions of AS 44.80.010 regarding 14
434	434	the state as a party to an action. 15
435	435	Sec. 30.19.910. Exemption from taxation. (a) The exercise of the powers 16
436	436	granted by this chapter shall be in all respects for the benefit of the people of the state, 17
437	437	for the well-being and prosperity of the people, and for the improvement of people's 18
438	438	social and economic conditions. Subject to (b) of this section, the real and personal 19
439	439	property of the authority and its assets, income, and receipts are exempt from all taxes 20
440	440	and special assessments of the state or a political subdivision of the state. 21
441	441	(b) Bonds and notes issued under this chapter are issued by a body corporate 22
442	442	and public of the state and for an essential public and governmental purpose. 23
443	443	Therefore, the bonds and notes, the interest and income from the bonds and notes, and 24
444	444	all fees, charges, funds, revenue, income, and other money pledged or available to pay 25
445	445	or secure the payment of the bonds and notes, or interest on the bonds and notes, are 26
446	446	exempt from taxation, except for inheritance, transfer, and estate taxes. 27
447	447	(c) This section does not affect or limit an exemption from license fees, 28
448	448	property taxes, or excise, income, or other taxes provided under any other law, nor 29
449	449	does this section create a tax exemption with respect to the interest of any business 30
450	450	enterprise or other person, other than the authority. 31 33-LS0995\B
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454	454	Sec. 30.19.920. Application of existing laws. Unless specifically provided 1
455	455	otherwise in this chapter, the following laws do not apply to the operations of the 2
456	456	authority: 3
457	457	(1) AS 19; 4
458	458	(2) AS 30.15; 5
459	459	(3) AS 35; 6
460	460	(4) AS 37.05; 7
461	461	(5) AS 37.07; 8
462	462	(6) AS 37.10.010 - 37.10.060; 9
463	463	(7) AS 37.10.085; 10
464	464	(8) AS 37.20; 11
465	465	(9) AS 37.25; 12
466	466	(10) AS 38; 13
467	467	(11) AS 44.62.040 - 44.62.320. 14
468	468	Sec. 30.19.930. Conflicting laws inapplicable. If provisions of this chapter 15
469	469	conflict with the provisions of other state law, the provisions of this chapter prevail. 16
470	470	Sec. 30.19.990. Definitions. In this chapter, unless the context otherwise 17
471	471	requires, 18
472	472	(1) "authority" means the Port of Southcentral Alaska Authority 19
473	473	created by this chapter; 20
474	474	(2) "board" means the board of directors of the authority; 21
475	475	(3) "bond" means a bond, bond anticipation note, note, refunding bond, 22
476	476	or other obligation; 23
477	477	(4) "collective bargaining" means the performance of the mutual 24
478	478	obligation of the authority or its designated representatives and the representatives of 25
479	479	the employees to meet at reasonable times, including meetings in advance of the 26
480	480	budget making process, and negotiating in good faith with respect to wages, hours, 27
481	481	and other terms and conditions of employment, or the negotiation of an agreement, or 28
482	482	negotiation of a question arising under an agreement and the execution of a written 29
483	483	contract incorporating an agreement reached if requested by either party, but these 30
484	484	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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488	488	concession; 1
489	489	(5) "employee" means a person employed by the authority, including 2
490	490	an executive officer; 3
491	491	(6) "executive officer" means the authority's chief executive officer; 4
492	492	(7) "land" means any interest in real property, including tide and 5
493	493	submerged land, and any right appurtenant to the interest; 6
494	494	(8) "port" means the Port of Southcentral Alaska in Anchorage; 7
495	495	(9) "rule" means a standard of general application or the amendment, 8
496	496	supplement, revision, or repeal of a standard adopted by the authority to implement, 9
497	497	interpret, or make specific the law enforced or administered by the authority or to 10
498	498	govern its procedure; 11
499	499	(10) "terms and conditions of employment" means the hours of 12
500	500	employment, the compensation and fringe benefits, and the employer's personnel 13
501	501	policies affecting the working conditions of the employees, but does not mean the 14
502	502	general policies describing the function and purposes of an employer. 15
503	503	Sec. 30.19.995. Short title. This chapter may be referred to as the Port of 16
504	504	Southcentral Alaska Authority Act. 17
505	505	* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 18
506	506	read: 19
507	507	TRANSITIONAL PROVISIONS. (a) Not later than 180 days after the effective date 20
508	508	of this Act, the Municipality of Anchorage shall by ordinance enumerate and transfer to the 21
509	509	Port of Southcentral Alaska Authority property and funds owned and managed by, or under 22
510	510	the control of, the Port of Alaska as it is structured as an enterprise of the municipality on the 23
511	511	effective date of this Act. The property described in this subsection includes 24
512	512	(1) the port property as defined by Tracts H and I, Port of Anchorage 25
513	513	Subdivision, Addition 1 (Plat No. 2015-122, Anchorage Recording District), and Tract J, Port 26
514	514	of Anchorage Subdivision, Addition No. 2 (Plat No. 2012-19, Anchorage Recording District); 27
515	515	and 28
516	516	(2) tidelands that have been transferred to the municipality and tidal waters 29
517	517	within the corporate limits of the municipality, except areas within the exclusive jurisdiction 30
518	518	of either the state or the United States. 31 33-LS0995\B
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522	522	(b) Not later than 180 days after the effective date of this Act, the Matanuska-Susitna 1
523	523	Borough shall by ordinance transfer to the Port of Southcentral Alaska Authority the 2
524	524	following real property owned by the borough: 3
525	525	(1) Township 14 North, Range 4 West, Seward Meridian 4
526	526	Sections 10 and 11: All 5
527	527	Section 12: Government Lots 3 and 4, W1/2 W1/2 6
528	528	Section 13: Government Lot 1, except lands leased by the Chugach 7
529	529	Electric Association, Government Lots 2 and 3, W1/2 W1/2 8
530	530	Sections 14 and 15: All 9
531	531	Sections 20 - 23: All 10
532	532	Section 24: Government Lots 2 - 4, SW1/4 NW1/4, SE1/4 NW1/4 11
533	533	NW1/4, W1/2 NW1/4 NW1/4 12
534	534	Section 25: Government Lots 1 - 4, and Alaska Tideland Survey No. 13
535	535	1440 14
536	536	Sections 26 - 28: All 15
537	537	Section 29: E1/2, N1/2 SW1/4, NW1/4 16
538	538	Section 33: N1/2 NE1/4 17
539	539	Section 34: NE1/4, N1/2 SE1/4, N1/2 NW1/4 18
540	540	Section 35: W1/2 NW1/4 SW1/4, W1/2 NW1/4; 19
541	541	(2) Township 14 North, Range 3 West, Seward Meridian 20
542	542	Section 30 (protracted): all tide and submerged land lying 21
543	543	northwesterly of the southeasterly boundary of the Matanuska-Susitna 22
544	544	Borough; 23
545	545	(3) Township 14 North, Range 4 West, Seward Meridian 24
546	546	Section 24 (protracted): all tide and submerged land of the S1/2 25
547	547	Section 25 (protracted): all tide and submerged land easterly of Alaska 26
548	548	Tideland Survey No. 1440 27
549	549	Section 36 (protracted): all tide and submerged land of the N1/2 lying 28
550	550	northwesterly of the southeasterly boundary of the Matanuska-Susitna 29
551	551	Borough. 30
552	552	(c) As of the effective date of the ordinance described in (a) of this section, the Port of 31 33-LS0995\B
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556	556	Southcentral Alaska Authority shall fund litigation related to proceedings for Anchorage, a 1
557	557	Municipal Corporation v. United States, Case No. 14-166C, United States Court of Federal 2
558	558	Claims, and the ordinance must obligate the Municipality of Anchorage to transfer to the 3
559	559	authority funds received resulting from the litigation. The ordinance must also obligate the 4
560	560	municipality to transfer to the authority all funds not yet expended that were granted to the 5
561	561	municipality, and that have been or will be received by the municipality, for a component of 6
562	562	the Port of Anchorage Intermodal Expansion Project or the Port of Alaska Modernization 7
563	563	Project. Notwithstanding any other provision of law, the Municipality of Anchorage is not 8
564	564	required to conduct a termination cost study under AS 39.35, or make a payment under 9
565	565	AS 39.35.625 for any department, group, or classification of employees that, after the date of 10
566	566	transfer and as a result of this Act, no longer participate in a plan under AS 39.35. 11
567	567	(d) As soon as practicable after the transfer of the Port of Alaska to the Port of 12
568	568	Southcentral Alaska Authority, the Port of Southcentral Alaska and its employees shall adopt 13
569	569	collective bargaining agreements that continue the provisions of the agreements in effect 14
570	570	between the Port of Alaska and its employees on the date of the transfer. 15
571	571	(e) The board of directors of the Port of Southcentral Alaska Authority may provide 16
572	572	by resolution that rules and orders in effect on the date of transfer remain in effect until 17
573	573	amended or repealed by the board. 18
574	574	* Sec. 4. This Act takes effect immediately under AS 01.10.070(c). 19