Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
AS 18.26.010 Legislative finding and policy.
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(a) The legislature finds that (1) there exist inadequate medical care and medical facilities in certain localities of the state, and in other localities medical care is not available and medical facilities do not exist at all; (2) construction funding under 42 U.S.C. 291-291z (T…
AS 18.26.020 Creation of authority.
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There is created the Alaska Medical Facility Authority the sole purpose of which is to provide and finance medical facilities for the benefit of the people of the state. The authority is a public corporation and an instrumentality of the state within the Department of Revenue, bu…
AS 18.26.030 Board of directors of the authority.
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(a) The authority shall be managed and controlled by a seven-person board of directors, who serve at the pleasure of the governor, consisting of (1) the commissioner of revenue, who shall also chair the board; (2) the commissioner of health; (3) the commissioner of commerce, comm…
AS 18.26.040 Meetings, compensation, officers, and expenses.
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(a) Four members of the board constitute a quorum for the transaction of business or the exercise of a power or function at a meeting of the board. All decisions of the board shall be initiated by motion or resolution, and the vote and decision shall be recorded in the board's mi…
AS 18.26.050 Powers of authority.
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The authority has all powers necessary to carry out the purposes of this chapter including, but not limited to, the following: (1) to sue and be sued in its own name; (2) to adopt a seal and alter it at pleasure; (3) to adopt, amend, and repeal bylaws for its organization, manage…
AS 18.26.060 Operation and management of medical facilities.
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(a) The authority may not maintain or operate any medical facility. However, if the operator of a medical facility or trustee under a trust agreement defaults under any material provisions of the contractual documents, the authority may operate and maintain the medical facility o…
AS 18.26.070 Expenses of authority.
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All expenses of the authority incurred in carrying out the provisions of this chapter are payable solely from funds provided under this chapter, and liability may not be incurred by the authority beyond the extent to which money has been provided under this chapter. However, for …
AS 18.26.080 Bonds of the authority; court jurisdiction.
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(a) The authority may borrow money and may issue bonds for it, payable from the revenue derived by it from its interest in any one or more medical facilities or from its income and receipts or other assets generally, or a designated part of them. The issuance of revenue bonds is …
AS 18.26.090 Bond anticipation notes.
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The authority may issue and sell bond anticipation notes which shall be on the terms, bear the date, mature at the time, be in the denomination and in the form, payable in the medium at the place and subject to the terms of redemption as the authority considers necessary or advis…
AS 18.26.100 Trust indentures and trust agreements.
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In the discretion of the authority, an issue of bonds may be secured by a trust indenture, trust agreement, indenture of mortgage or deeds of trust (all considered “trust agreements” in this chapter) between the authority and a corporate trustee. The corporate trustee may be a tr…
AS 18.26.110 Liability for issuance.
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Neither the members of the authority nor any person executing the bonds is liable personally on the bonds or is subject to any personal liability or accountability by reason of the issuance of them.
AS 18.26.120 Bondholder claims against special funds.
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Any notes or revenue bonds issued against any special funds provided for in this chapter are a valid claim of the holder of them only as against those special funds in the proportion or amount of the revenue pledged to the funds and other authority assets the board may have pledg…
AS 18.26.130 Conflict of interests.
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(a) A member of the board may not vote on a resolution of the board relating to a lease or contract to be entered into by the authority under this chapter if the member is a party to the lease or contract or has a direct ownership or equity interest in a firm, partnership, corpor…
AS 18.26.140 Pledge of revenue.
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A pledge of revenue or other money, obligations, or assets by the authority is binding from the time the pledge is made as against any parties having subsequent claims in tort, contract, or otherwise, irrespective of whether those parties have actual notice of the prior pledge. T…
AS 18.26.150 Obligations and income of authority.
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(a) Notes or revenue bonds issued under the provisions of this chapter are not, either directly, indirectly, or contingently, an obligation, a pledge of the faith and credit of, or a charge upon any revenue or funds of the state or of any political subdivision of the state but ar…
AS 18.26.160 Rights of bondholders.
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A holder of notes or revenue bonds issued under this chapter or a trustee under a trust agreement entered into under this chapter may, except to the extent the holder's rights are restricted by the bond resolution, by any suitable form of legal proceedings, protect and enforce an…
AS 18.26.170 Investments by authority.
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Except as otherwise provided by this chapter, the authority may invest any funds, not needed to meet current cash expenditure needs, as set out in AS 37.10.071.
AS 18.26.180 Bonds as securities.
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Revenue bonds of the authority are securities in which the following may legally invest any funds belonging to them or within their control: all public officers and agencies of the state and of municipal corporations, officers, boards of directors and trustees of banks, trust com…
AS 18.26.190 Pledge of the state.
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The State of Alaska pledges to and agrees with the holders of any obligations issued under this chapter, and with those parties who may enter into contracts with the authority under this chapter, that the state will not limit or alter the rights vested in the authority by this ch…
AS 18.26.200 Accounting and reports.
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The authority shall keep an accurate account of all of its activities and of all of its receipts and expenditures and shall biennially, no later than the 10th day of the first regular session of each legislature, make a report of them to the governor, copies of which shall also b…
AS 18.26.210 State requirements.
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A medical facility that has been monetarily supported, in any manner whatsoever, by the authority is subject to any state requirements relating to public buildings, structures, grounds, works, or improvements, any requirement of competitive bidding or other restriction imposed on…
AS 18.26.220 Facility compliance with health and safety laws and licensing requirements.
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A medical facility constructed, acquired, improved, financed, or otherwise under the provisions of this chapter and all actions of the authority are subject to AS 18.07, AS 47.32, and any other present or future state licensing requirements for the facilities or services provided…
AS 18.26.230 Authority as a public body; tax status of assets, income and bonds.
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(a) The authority, all assets at any time owned by it, the income from those assets, and all bonds issued by the authority, together with the coupons applicable to them, and the income from them, are exempt from all taxation and special assessments in this state except for gift, …
AS 18.26.240 Earnings of the authority.
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The earnings of the authority in excess of the amount required for the retirement of indebtedness or the accomplishment of the purposes stated in this chapter are the exclusive property of the state.
AS 18.26.250 Operation of certain statutes excepted; status of authority.
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The authority is not a (1) political subdivision of the state for the purposes of AS 37.10.085, but for all other purposes the authority constitutes a political subdivision and an instrumentality of the state under this chapter; (2) municipality; (3) state agency for the purposes…
AS 18.26.260 Issuance and guarantee of Alaska Medical Facility Authority bonds.
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(a) There is established as a separate account in the authority the medical facilities special bond guarantee account. The medical facilities special bond guarantee account consists of money disbursed to it by the commissioner of revenue. The assets of the medical facilities spec…
AS 18.26.900 Definitions.
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In this chapter, unless the context requires otherwise, (1) “authority” means the Alaska Medical Facility Authority created by this chapter; (2) “board” means the board of directors of the authority; (3) “bond resolution” means a resolution authorizing the issuance of, or providi…