Title 42 — Public Utilities and Carriers and Energy Programs
13 chapters · 434 sections in this title.
AS 42.40.560 North Slope natural gas pipeline.
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[Repealed or reserved.]
AS 42.40.570 Kenai gasification project.
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Article 8. Bonds. (a) The corporation may participate in a project consisting of the acquisition, construction, improvement, maintenance, equipping, and operation of real and personal property, including facilities and equipment for the transportation of coal from Healy to the no…
AS 42.40.600 General provisions.
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(a) Upon receiving legislative approval under AS 42.40.285 the corporation may issue bonds by resolution to provide money to carry out its purposes. (b) Bonds may be issued in one or more series and shall, as provided by the resolution of the board, (1) be dated; (2) bear fixed o…
AS 42.40.610 Negotiable instruments.
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Bonds issued under this chapter and interest coupons attached to them are negotiable instruments under the laws of this state, subject only to applicable provisions for registration.
AS 42.40.620 Bonds eligible for investment.
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Bonds issued under this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees, and other fiduciar…
AS 42.40.630 Payment of bonds.
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(a) The principal and interest on bonds of the corporation is payable from corporation money or assets. Bonds may be additionally secured by a pledge of a grant or contribution from the federal or state government, a municipality, a corporation, an association, an institution, or…
AS 42.40.640 Security for bonds.
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In the discretion of the board, an issue of bonds may be secured by a trust indenture, which may be a trust company, bank or national banking association, with corporate trust powers, located inside or outside the state, or by a secured loan agreement or other instrument or under…
AS 42.40.650 Independent financial advisor.
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In negotiating the private or public sale of bonds to an underwriter, the board shall retain a financial advisor who is independent from the underwriter.
AS 42.40.660 Validity of signatures.
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If an officer of the corporation whose signature or a facsimile of whose signature appears on bonds or coupons attached to them ceases to be an officer before the delivery of the bond or coupon, the signature or facsimile is valid the same as if the person had remained in office …
AS 42.40.670 Validity of pledge.
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(a) The pledge of assets or revenue of the corporation to the payment of the principal or interest on bonds of the corporation is valid and binding from the time the pledge is made and the assets or revenue are immediately subject to the lien of the pledge without physical delive…
AS 42.40.675 Pledge of the state.
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The state pledges to and agrees with the holders of bonds issued under this chapter and with the federal agency that loans or contributes funds in respect to a project, that the state will not limit or alter the rights and powers vested in the corporation by this chapter to fulfi…
AS 42.40.680 Remedies.
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A holder of bonds issued under this chapter or of coupons attached to them, and a trustee under a trust agreement or resolution authorizing the issuance of the bonds, except as restricted by a trust agreement or resolution, either at law or in equity, may (1) enforce all rights g…
AS 42.40.690 Credit of state not pledged.
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(a) The state and its political subdivisions are not liable for the debts of the corporation. Bonds issued under this chapter are payable solely from the revenue or assets of the corporation and do not constitute a (1) debt, liability, or obligation of the state or of a political…
AS 42.40.695 Public purpose of bonds.
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Bonds of the corporation issued to finance the acquisition, construction, improvement, maintenance, equipping, and operation of real and personal property, including facilities and equipment, described in AS 42.40.570 are issued by a public corporation and an instrumentality of t…
AS 42.40.700 Limitation on personal liability.
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Article 9. Personnel and Labor Relations. A board member or employee of the corporation is not subject to personal liability or accountability because of the execution or issuance of bonds.
AS 42.40.705 Political activities.
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(a) Money, assets, or property of the corporation may not be used for political activities. However, board members and employees may communicate with and appear before committees of Congress, the state legislature, and municipal governing bodies in connection with matters directl…
AS 42.40.710 Corporation employees.
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(a) Employees of the Alaska Railroad are employees of the corporation and not of the state. However, employees of the corporation shall be treated as employees of the state for the purposes of AS 39.52. The provisions of AS 39, other than AS 39.52, do not apply to employees of th…
AS 42.40.720 Collective bargaining rights.
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The provisions of AS 23.40.070 — 23.40.260 (Public Employment Relations Act) do not apply to the corporation or to its employees. However, employees who are not executive officers may organize and form, join, or assist an organization to engage in collective bargaining through re…
AS 42.40.730 Railroad labor relations agency.
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(a) The Alaska labor relations agency, established in AS 23.05.360, is the sole railroad labor relations agency. (b) The Alaska labor relations agency shall carry out the provisions of AS 42.40.730 — 42.40.890.
AS 42.40.740 Collective bargaining unit.
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The railroad labor relations agency shall decide in each case, in order to ensure employees the fullest freedom in exercising the rights guaranteed by AS 42.40.710 — 42.40.890 the unit appropriate for the purposes of collective bargaining, based on such factors as community of in…
AS 42.40.750 Representatives and elections.
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(a) The railroad labor relations agency shall investigate a petition if it is submitted in a manner prescribed by the railroad labor relations agency by (1) an employee or group of employees or an organization acting in their behalf alleging that 30 percent of the employees of a …
AS 42.40.760 Unfair labor practices.
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(a) The corporation or its agent may not (1) interfere, restrain, or coerce an employee in the exercise of the rights guaranteed in AS 42.40.720; (2) dominate or interfere with the formation, existence, or administration of an organization; (3) discriminate in regard to hire or t…
AS 42.40.770 Investigation and conciliation of complaints.
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If a verified written complaint by or for a person claiming to be aggrieved by a practice prohibited by AS 42.40.760 or a written accusation that a person subject to AS 42.40.710 — 42.40.890 has engaged in a prohibited practice, is filed with the railroad labor relations agency, …
AS 42.40.780 Complaint and accusation.
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If the railroad labor relations agency fails to eliminate the prohibited practice by conciliation and to obtain voluntary compliance with AS 42.40.710 — 42.40.890 or before it attempts conciliation, it may serve a copy of the complaint or accusation upon the respondent. The compl…
AS 42.40.790 Orders and decisions.
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If the railroad labor relations agency finds that a person named in the written complaint or accusation has engaged in a prohibited practice, the railroad labor relations agency shall issue and serve on the person an order or decision requiring the person to cease and desist from…
AS 42.40.800 Enforcement by injunction.
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The railroad labor relations agency may apply to the superior court in the judicial district in which the prohibited practice occurred for an order enjoining the prohibited acts specified in the order or decision of the railroad labor relations agency. Upon showing by the railroa…
AS 42.40.810 Power to investigate and compel testimony.
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(a) For the purpose of the investigations, proceedings, or hearings that the railroad labor relations agency considers necessary to carry out AS 42.40.710 — 42.40.890, the railroad labor relations agency may issue subpoenas requiring the attendance and testimony of witnesses and …
AS 42.40.820 Regulations.
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The railroad labor relations agency shall adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out AS 42.40.710 — 42.40.890.
AS 42.40.830 Penalty for violation of order or decision.
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A person who violates a provision of an order or decision of the railroad labor relations agency is guilty of a misdemeanor and is punishable by a fine of not more than $500.
AS 42.40.840 Mediation.
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(a) If, after a reasonable period of negotiation over the terms of a collective bargaining agreement, an impasse as determined by the railroad labor relations agency exists between the corporation and an organization, the railroad labor relations agency shall appoint a person mut…
AS 42.40.850 Strikes.
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(a) Following a decision by the mediator to end the mediation proceedings, employees of a collective bargaining unit may engage in a strike for a limited time if a majority of the employees in that collective bargaining unit vote by secret ballot to do so. The limit of the strike…
AS 42.40.860 Agreements.
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(a) The Department of Administration may participate in labor negotiations between the corporation and an organization. The corporation may seek advice of the Department of Administration before entering into a collective bargaining agreement concerning wages, hours, and other te…
AS 42.40.870 Organization dues and employee benefits; deduction and authorization.
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Upon written authorization of an employee within a bargaining unit, the corporation shall deduct from the payroll of the employee the monthly amount of dues, fees, and other employee benefits as certified by the secretary of the exclusive bargaining representative and shall deliv…
AS 42.40.880 Exemption.
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Notwithstanding the provisions of AS 42.40.870, a collective bargaining settlement reached, or agreement entered into, under AS 42.40.860 that incorporates union security provisions, including a union shop or agency shop provision or agreement, shall safeguard the rights of nonas…
AS 42.40.885 Prohibited acts.
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(a) The corporation or an employee may not directly or indirectly (1) require or coerce an employee to participate in any way in any activity or undertaking unless the activity or undertaking is related to the performance of official duties; (2) require or coerce an employee to m…
AS 42.40.890 Definitions for AS 42.40.710 — 42.40.890.
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Article 10. General Provisions. In AS 42.40.710 — 42.40.890, (1) “election” means a proceeding conducted by the labor relations agency in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose s…
AS 42.40.900 Claims.
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(a) All claims and lawsuits involving activities of the railroad, including suits in contract, quasi-contract, or tort, shall be brought against the corporation and not against the state. (b) For the purposes of actionable claims, undertakings, payments of judgments, execution, i…
AS 42.40.905 Notice of legal actions.
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(a) The corporation shall notify the Department of Law within 30 days before initiating legal action unless special circumstances exist that require immediate legal action to protect the corporation assets or to continue existing service. (b) If notice of legal action is not give…
AS 42.40.910 Exemption from taxation.
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(a) The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their social and economic conditions. Subject to (b) of this section, the real and personal …
AS 42.40.915 Transportation of members of the Alaska organized militia.
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To the extent that space is available, the corporation shall provide free transportation on the Alaska Railroad for a member of the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force who is en route to or from drill, training, or other official mil…
AS 42.40.920 Application of existing laws.
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(a) [Repealed, § 38 ch 168 SLA 1990.] (b) Unless specifically provided otherwise in this chapter, the following laws do not apply to the operations of the corporation: (1) AS 19; (2) AS 30.15; (3) AS 35; (4) AS 36.30, except as specifically provided in that chapter; (5) AS 37.05,…
AS 42.40.930 Conflicting laws inapplicable.
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If provisions of this chapter conflict with the provisions of other state law, the provisions of this chapter prevail. Provisions of this chapter shall be construed so that they do not conflict with 45 U.S.C. 1201 — 1214 (Alaska Railroad Transfer Act of 1982).
AS 42.40.935 Railroad facilities code compliance.
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(a) Not later than two years after the date of transfer the corporation in consultation with the Department of Labor and Workforce Development shall develop and adopt a plan to achieve compliance with AS 18.60. The plan shall be implemented and compliance achieved within five yea…
AS 42.40.940 Sale or lease of the railroad.
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(a) The governor may provide for the sale or lease of the Alaska Railroad and dissolve the corporation if (1) it can be assured that the railroad will continue to operate after the sale or lease; and (2) under the terms of the sale or lease, the state will receive the amount of m…
AS 42.40.950 Reversion of assets.
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Except as provided in AS 42.40.940, if the corporation ceases to exist its assets revert to the state.
AS 42.40.980 Definitions.
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In this chapter unless the context otherwise requires, (1) “board” means the board of directors of the Alaska Railroad Corporation; (2) “bonds” means bonds, bond anticipation notes, notes, refunding bonds, or other obligations; (3) “collective bargaining” means the performance of…
AS 42.40.990 Short title.
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This chapter may be referred to as the Alaska Railroad Corporation Act.