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Alaska Statutes, Title 42

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Alaska/Statutes

← All Alaska coverage

Title 42, Public Utilities and Carriers and Energy Programs

13 chapters · 356 sections in this title.

All chapters in Title 42356 Ch 05, Alaska Public Utilities Regulatory Act.99 Ch 40, Alaska Railroad Corporation.96 Ch 06, Pipeline Act.49 Ch 45, Rural and Statewide Energy Programs.33 Ch 30, Miscellaneous Regulations Governing …27 Ch 08, In-State Pipeline Contract Carrier.25 Ch 20, Telegraph and Telephone Systems and …18 Ch 04, Regulatory Commission of Alaska.9

356 sections·Filtered byTitle 42✕

AS 42.40.290 Long-range capital improvement and program plan.
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(a) The corporation shall prepare and the board shall adopt a long-range capital improvement and program plan. The plan must explain the manner in which the corporation intends to accomplish the purposes of this chapter and the corporation's anticipated capital improvements durin…
AS 42.40.300 Use of corporation assets.
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The corporation shall apply all money, property, other assets, and credit of the corporation toward activities authorized by this chapter. The corporation may not issue shares of stock, pay dividends, make private distributions of assets, make loans to board members or employees,…
AS 42.40.310 Indemnification.
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(a) The corporation may defend and indemnify a current or former member of the board, employee, or agent of the corporation against all costs, expenses, judgments, and liabilities, including attorney's fees, incurred by or imposed upon that person in connection with a civil or cr…
AS 42.40.350 Land.
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(a) The corporation shall receive from the United States and, in its own name, take title to all rail property transferred under 45 U.S.C. 1201 — 1214 (Alaska Railroad Transfer Act of 1982), except that the corporation does not have authority over any right, title, or interest in…

Showing 251–300 of 356

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AS 42.40.352 Sale of land not necessary for railroad purposes.

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(a) The corporation may sell land if the board finds (1) the land is not necessary for railroad purposes, and (2) the sale of the land is in the best interest of the state. The sale of land is subject to the terms and conditions of AS 42.40.285, 42.40.350(d), and this section. (b…

AS 42.40.355 Prohibition.

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Notwithstanding any other provision in this chapter, the state-owned railroad as defined under 45 U.S.C. 1202(14) may not apply for a right-of-way across, or exercise eminent domain in, the western (Kobuk River) unit of the Gates of the Arctic National Preserve under 16 U.S.C. 41…

AS 42.40.360 Request for land.

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(a) The board may nominate federal land it determines may be useful for present or future railroad purposes for selection under the Alaska Statehood Act (P.L. 85 — 508, 72 Stat. 339), as amended, and request the commissioner of natural resources to select the land for the state t…

AS 42.40.370 Conveyance of land.

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(a) Within 90 days after receiving a request under AS 42.40.360(b) the commissioner of natural resources shall by written decision (1) designate the identified land for railroad purposes and, subject to valid existing rights, convey the state's interests in the land to the corpor…

AS 42.40.380 Use of state land.

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When emergency conditions require that track or other right-of-way fixtures of the corporation be moved from the existing location and relocated on state land adjacent to or in the vicinity of the existing right-of-way and the chief executive officer determines that relocation is…

AS 42.40.385 Eminent domain.

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(a) The corporation may exercise the power of eminent domain under AS 09.55.240 — 09.55.460 to acquire land for railroad transportation purposes consistent with this chapter. Notwithstanding AS 09.55.250, the corporation may acquire a fee simple title whenever, in the judgment of…

AS 42.40.390 Land use rules.

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The board may adopt exclusive rules governing land use by parties having interests in or permits for land owned or managed by the corporation. The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutiona…

AS 42.40.400 Vacation of easements.

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The corporation may vacate an easement acquired under this chapter by executing and filing a deed in the appropriate recording district. If the easement was acquired by the corporation under 45 U.S.C. 1201 — 1214 (Alaska Railroad Transfer Act of 1982), the state shall acquire the…

AS 42.40.410 Federal land.

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Except as provided in AS 42.40.285(5), the corporation may submit applications on its own behalf as an instrumentality of the state for acquisition of federal land available under federal law that will enhance the operations of the corporation if it is available under a federal l…

AS 42.40.420 Public use of railroad land.

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Upon request of a municipality or the state, the corporation may authorize use of railroad land for public purposes. Subject to AS 42.40.350(b), the corporation shall authorize a walkway or a trail if the board first finds in writing that the proposed walkway or trail will not cr…

AS 42.40.430 Acquisition of government property.

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The corporation, as an instrumentality of the state, may acquire in its own name from the United States under 40 U.S.C. 101 et seq. or other law, property under the control of a federal department or agency that is useful for the corporation's purposes. The corporation may acquir…

AS 42.40.435 Exchange of land.

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The corporation may exchange land subject to AS 42.40.285. The corporation is an instrumentality and agency of the state for purposes of exchanging land with the United States, municipalities, corporations including corporations formed under 43 U.S.C. 1601 — 1628 (Alaska Native C…

AS 42.40.440 Use of pesticides and herbicides.

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Vegetation control involving the use of pesticides or herbicides on land owned or managed by the corporation may be conducted only in compliance with state requirements applicable to other state pesticide or herbicide use.

AS 42.40.450 Adverse possession.

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No prescription or statute of limitations runs against the title or interest of the corporation to or in land owned by the corporation or under its jurisdiction. Title to or interest in land owned by the corporation or under its jurisdiction may not be acquired by adverse possess…

AS 42.40.460 Extension of the Alaska Railroad.

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(a) The corporation may delineate a proposed transportation corridor between the existing railroad utility corridor of the Alaska Railroad and the border of Alaska and Canada. The transportation corridor shall be 500 feet wide except where, in the corporation's discretion, physic…

AS 42.40.465 Extension of the Alaska Railroad to connect with the North American railroad system.

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(a) The corporation may investigate extension of the Alaska Railroad from the border of Alaska and Canada to connect with the North American railroad system. The corporation may acquire land or interests in land in Canada as the corporation considers appropriate for the developme…

AS 42.40.500 Limitation of liability.

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A liability incurred by the corporation shall be satisfied exclusively from the assets or revenue of the corporation and no creditor or other person has a right of action against the state because of a debt, obligation, or liability of the corporation.

AS 42.40.510 Fidelity bond.

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The corporation shall obtain a fidelity bond in an amount determined by the board for board members and each executive officer responsible for accounts and finances. A bond must be in effect during the entire tenure in office of the bonded person.

AS 42.40.520 Insurance.

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Except as provided in AS 42.40.310(b), the corporation shall protect its assets, services, and employees by purchasing insurance or providing for certain self-insurance retentions. The corporation shall also maintain casualty, property, business interruption, marine, boiler and m…

AS 42.40.530 Revenue.

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Revenue generated by or appropriated to the corporation shall be retained and managed by the corporation for railroad and related purposes in accordance with 45 U.S.C. 1207(a)(5) (Alaska Railroad Transfer Act of 1982).

AS 42.40.540 Appropriations.

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The corporation may request, with the concurrence of the governor, a direct appropriation or grant from the legislature to assist in carrying out the provisions of this chapter.

AS 42.40.550 Extension of railroad to Fort Greely.

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The corporation may acquire a transportation corridor between the existing railroad corridor and Fort Greely, Alaska, and construct a rail line within the corridor to provide rail service to the Fort Greely area and points between. The transportation corridor may be designated fo…

AS 42.40.560 North Slope natural gas pipeline.

AS 42.40.570 Kenai gasification project.

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(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 northern Kenai Penin…

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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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…