reglab/housing_qa huggingface dataset:
AK Stat § 42.40.010 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 1. Establishment and Organization.|Sec. 42.40.010. Establishment of the corporation.

There is established the Alaska Railroad Corporation. The corporation is a public corporation and is an instrumentality of the state within the Department of Commerce, Community, and Economic Development. The corporation has a legal existence independent of and separate from the state. The continued operation of the Alaska Railroad by the corporation as provided in this chapter is considered an essential government function of the state.
AK Stat § 42.40.020 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 1. Establishment and Organization.|Sec. 42.40.020. Board of directors.

(a) The powers of the corporation are vested in the board of directors. The board consists of the commissioner of commerce, community, and economic development, the commissioner of transportation and public facilities, and five members appointed by the governor. The five appointed members must be registered voters in the state except as provided in (1) and (2) of this subsection. Except for the commissioners and the member appointed under (5) of this subsection, a member may not be a state officer or employee. Appointed members shall have the following qualifications: (1) one member of the board shall be a person who has at least 10 years of experience in railroad management; a person who is not a resident of the state may be appointed under this paragraph; (2) one member of the board shall be or have been an executive official of a United States railroad and shall be selected in accordance with any requirements imposed under 49 U.S.C. (Interstate Commerce Act); a person who is not a resident of the state may be appointed under this paragraph; (3) at least one member shall be from each judicial district directly served by the Alaska Railroad; (4) one member shall have at least five years experience as an owner or manager of a business in the state; (5) one member shall be an employee who is a member of a bargaining unit representing employees of the corporation. (b) Except for the commissioners, the members of the board shall be confirmed by a majority of the members of the legislature in joint session. A member appointed by the governor has the full powers and responsibilities of a confirmed board member until the member is rejected by the legislature or the legislature adjourns without confirming the member.
AK Stat § 42.40.030 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 1. Establishment and Organization.|Sec. 42.40.030. Term of office.

Except for the commissioner of commerce, community, and economic development and the commissioner of transportation and public facilities, members of the board serve for staggered terms of five years each at the pleasure of the governor.
AK Stat § 42.40.040 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 1. Establishment and Organization.|Sec. 42.40.040. Vacancies.

(a) Except for the commissioner of commerce, community, and economic development and the commissioner of transportation and public facilities, a vacancy on the board is filled by appointment by the governor, and the appointment must be confirmed by the members of the legislature in joint session. Except as provided in AS 39.05.080(4), a member appointed to fill a vacancy holds office for the balance of the term for which the member's predecessor was appointed. (b) A vacancy on the board does not impair the authority of a quorum of members to exercise the powers and perform the duties of the board. (c) A member of the board whose term has expired shall serve until a successor has been appointed.
AK Stat § 42.40.050 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 1. Establishment and Organization.|Sec. 42.40.050. Compensation and expenses.

(a) An appointed member of the board is entitled to compensation at a rate of $400 for each day the member is engaged in the actual performance of duties as a member of the board. The board may provide by rule for compensation for partial days during which an appointed member is engaged in actual performance of duties as a member of the board. (b) In addition to compensation under (a) of this section, an appointed member of the board is entitled to per diem and travel expenses authorized by law for state boards and commissions.
AK Stat § 42.40.060 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 1. Establishment and Organization.|Sec. 42.40.060. Board officers.

(a) The board shall elect from its membership a chairman and vice-chairman and prescribe their duties by rule. (b) The board shall appoint a secretary and prescribe the duties of the secretary.
AK Stat § 42.40.100 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 2. Management.|Sec. 42.40.100. Management by the board.

The board is responsible for the management of the corporation but shall delegate certain powers and duties to the chief executive officer in accordance with AS 42.40.120. In managing the corporation, the board shall (1) be responsible for the management of the financial and legal obligations of the Alaska Railroad; (2) operate the Alaska Railroad as a common carrier subject to the jurisdiction of the United States Surface Transportation Board consistent with 45 U.S.C. 1207; (3) generally manage the corporation on a self-sustaining basis; (4) apply to the legislature for an appropriation with the concurrence of the governor to be used to provide a particular service that is not otherwise self-sustaining if a subsidy is required to maintain that service; (5) provide for safe, efficient, and economical transportation to meet the overall needs of the state; (6) raise needed capital by issuing bonds of the corporation upon approval by the legislature while ensuring that borrowing by the corporation does not directly or indirectly endanger the state's own borrowing capacity; (7) review all state and other land disposal proposals to aid in planning for future development or expansion of transportation services; (8) ensure that the procurement procedures of the corporation meet accepted railroad industry standards; (9) ensure that the accounting procedures of the corporation meet generally accepted accounting principles consistent with industry standards for comparable railroads.
AK Stat § 42.40.110 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 2. Management.|Sec. 42.40.110. Executive officers.

(a) The board shall appoint the chief executive officer of the corporation who serves at the pleasure of the board. The board shall fix compensation for the chief executive officer. (b) The chief executive officer of the corporation shall appoint and fix the compensation for other executive officers. The compensation for an executive officer appointed under this subsection is subject to board approval.
AK Stat § 42.40.120 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 2. Management.|Sec. 42.40.120. Delegation.

(a) The board shall by rule delegate to the chief executive officer powers and duties necessary or appropriate for the management of the daily affairs and operations of the corporation. The board may by rule require the exercise of a delegated power or duty to be subject to board approval. (b) Within 60 days after its first meeting, the board shall delegate the following activities of the corporation to the chief executive officer or other executive officers designated by the board: (1) leasing subject to AS 42.40.285 and 42.40.350(b) and (d), granting easements in, issuing permits for the use of, or conveying other interests in property that do not constitute a transfer of the corporation's entire interest in land; (2) establishing specific rates, tariffs, divisions, and contract rate agreements; (3) making routine changes in service levels; (4) establishing procurement and accounting procedures for the corporation; and (5) performing procurement activities. (c) Notwithstanding (a) and (b) of this section, specific board approval is required for the following: (1) issuing bonds upon approval by the legislature; (2) mortgaging or pledging corporation assets; (3) donating property or other assets belonging to the corporation; (4) acting as a surety or guarantor; (5) adopting a long-range capital improvement and program plan; (6) adopting annual reports; (7) effecting general, comprehensive increases and decreases in rates; (8) expanding or reducing services in a major way; (9) expanding the main or branch rail lines including spur, industrial, team, switching, or side tracks, other than performing routine track alignment as necessary to maintain existing service levels; (10) selecting independent auditors and accountants; (11) entering into collective bargaining agreements; (12) adopting annual budgets; (13) beginning a capital project with an estimated completion cost of more than $500,000 or an estimated completion time of more than one year; (14) exchanging, donating, selling, or otherwise conveying its entire interest in land subject to approval by the legislature; (15) exercising the power of eminent domain.
AK Stat § 42.40.150 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 3. Administrative Provisions.|Sec. 42.40.150. Meetings of the board.

(a) The chairman of the board shall call meetings of the board at least once every three months. The chairman or a majority of the members of the board may call other meetings of the board as necessary. The chairman shall preside at meetings. (b) Except for executive sessions, the meetings of the board are public. The board shall provide by rule for a method of providing reasonable notice to the public of its meetings. (c) The board shall keep minutes of each meeting.
AK Stat § 42.40.160 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 3. Administrative Provisions.|Sec. 42.40.160. Quorum and voting.

(a) Four voting members of the board constitute a quorum for the transaction of business. (b) Four affirmative votes are required for board action. The board shall provide by rule for the manner of voting, except that the board may not provide for voting by proxy. The rules may provide for voting and conferring by telecommunication devices.
AK Stat § 42.40.170 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 3. Administrative Provisions.|Sec. 42.40.170. Executive sessions.

(a) The question of holding an executive session shall be determined in accordance with AS 42.40.160. A subject may not be considered at an executive session unless it is mentioned in the motion calling for the executive session or is auxiliary to a subject mentioned. An action may not be taken at an executive session. (b) Only the following subjects may be discussed in an executive session: (1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the corporation; (2) unless the person has requested to have the subjects discussed in public, subjects that tend to prejudice the reputation and character of a person; (3) matters that, by law or municipal charter or ordinance, are permitted to be kept confidential from public disclosure; (4) matters pertaining to personnel; (5) matters pertaining to the corporation's legal position; (6) land acquisition or disposal; and (7) proprietary or other information of a type treated as confidential under the standards and practices of the United States Surface Transportation Board, including practices that protect information associated with specific shippers, divisions, and contract rate agreements.
AK Stat § 42.40.180 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 3. Administrative Provisions.|Sec. 42.40.180. Rules.

(a) The board shall adopt rules to carry out its functions and the purposes of this chapter, including rules to safeguard property owned, managed, or transported by the corporation and to protect employees and persons using the corporation's property or services. At least 15 days before the adoption of a rule, the board shall give public notice of the proposed action by publishing a notice in at least three newspapers of general circulation in the state and by mailing a copy of the notice to each person who has requested notice of proposed changes to rules. The notice must state the time, place, and nature of the proceedings and must contain a summary of the subject of the proposed rule. (b) On the date and at the time and place designated in the notice required under (a) of this section the board shall provide each interested person an opportunity to present statements in writing concerning the proposed rule and shall give members of the public an opportunity to present oral statements for a total period of at least one hour. (c) The board shall consider all relevant matters presented to it before adopting a rule. The board may take action on a rule that varies in content from the summary provided with the notice of the proposed rule if the subject of the rule was reflected in the summary and it provided reasonable notice to the public as to whether their interests could be affected by the board's action on that subject. (d) The board shall establish in the bylaws of the corporation additional procedures for adopting rules if necessary.
AK Stat § 42.40.190 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 3. Administrative Provisions.|Sec. 42.40.190. Emergency rules.

(a) The board shall establish in the bylaws of the corporation a procedure for the adoption of a rule on an emergency basis. An emergency rule may be adopted only when necessary for the orderly operation of the corporation's facilities or programs. The requirements of AS 42.40.180 do not apply to actions taken under this section. However, within 10 days after the adoption of a rule on an emergency basis the board shall give notice of its action that substantially complies with the notice requirements of AS 42.40.180(a). (b) An action taken under this section remains in effect for not more than 120 days. To prevent an emergency rule from lapsing the board may adopt the same rule under AS 42.40.180 before the end of the 120-day period.
AK Stat § 42.40.200 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 3. Administrative Provisions.|Sec. 42.40.200. Validity of rules.

(a) Failure to mail notice to a person under AS 42.40.180(a) or 42.40.190(a) does not invalidate an action taken by the board. (b) An interested person may challenge a rule adopted by the board by bringing an action in the superior court. In addition to other grounds, a court may declare a change invalid (1) for substantial failure by the board to comply with AS 42.40.180 or 42.40.190; or (2) if the rule was adopted under AS 42.40.190, upon the grounds that the emergency rule was not necessary for the orderly operation of the corporation's facilities or programs.
AK Stat § 42.40.205 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 3. Administrative Provisions.|Sec. 42.40.205. Application of AS 42.40.180 and 42.40.190.

Adoption of a rule is not subject to AS 42.40.180 or 42.40.190 if it (1) relates only to the internal management of the corporation; (2) relates to specific rates, tariffs, divisions, and contract rate agreements; (3) relates to service schedules of the railroad; (4) is directed to a specifically named person or to a group of persons and does not apply to the general public; or (5) relates to the use of public works under the jurisdiction of the corporation if the effect of the order is indicated to the public by means of signs or signals.
AK Stat § 42.40.210 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 3. Administrative Provisions.|Sec. 42.40.210. Previously adopted rules and orders.

The board may provide by resolution that rules and orders in effect on the date of transfer remain in effect until amended or repealed by the board. AS 42.40.180 does not apply to actions taken under this section.
AK Stat § 42.40.220 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 3. Administrative Provisions.|Sec. 42.40.220. Public disclosure of information.

(a) Except as provided under (b) of this section, information in the possession of the corporation is public and is open to public inspection at reasonable times. (b) The corporation may by rule designate and withhold public disclosure of matters of a privileged or proprietary nature. Those matters include personnel records, communications with and work product of legal counsel, and, consistent with the standards and practices of the United States Surface Transportation Board for the protection of these matters, other information including proprietary information associated with specific shippers, divisions, and contract rate agreements.
AK Stat § 42.40.260 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 4. Powers and Duties.|Sec. 42.40.260. Annual report.

(a) Within 90 days following the end of the fiscal year of the Alaska Railroad, the board shall present to the governor a report describing the operations and financial condition of the corporation during the preceding fiscal year. The report may include suggestions for legislation relating to the structure, powers, or duties of the corporation or to the operation or facilities of the corporation. Subject to AS 42.40.220, the report shall itemize the cost of providing each category of service offered by the railroad and the income generated by each category. The board shall notify the legislature that the report is available. (b) The annual report must include an analysis of potential sale arrangements whereby the corporation may be transferred into private ownership. (c) As part of complying with its annual reporting requirements under this section, the board shall file a travel and compensation report with the Department of Administration by January 21 of each year as required by AS 37.05.210.
AK Stat § 42.40.270 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 4. Powers and Duties.|Sec. 42.40.270. Audits.

(a) The board shall have the financial records of the corporation audited annually by an independent certified public accountant experienced in railroad accounting. The board shall have an annual performance audit conducted by a recognized railroad management expert to assure that the railroad is being managed and operated effectively and efficiently in accordance with the requirements of this chapter and that each appropriation is used to directly support those services for which the appropriation was requested. Auditors shall use the standards required under AS 42.40.100(9) and determine whether appropriations received for a service that is not self-sustaining were calculated in accordance with United States Surface Transportation Board standards for determining rail service subsidies. (b) The corporation shall make all of its financial records available to an auditor appointed by the governor and to the legislative audit division for examination. Disclosure to the public by the auditor or legislative audit division of this information is subject to AS 42.40.220 and rules implementing that section.
AK Stat § 42.40.280 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 4. Powers and Duties.|Sec. 42.40.280. State oversight reports.

(a) The board shall provide a state oversight report to the governor and the legislature before undertaking (1) expansion, reduction, or diversification of services provided by the railroad upon the date of transfer or as provided under this chapter that the board determines would represent a significant and permanent change in the level and nature of services provided; or (2) an application for an appropriation to be used for providing any service that is not self-sustaining. (b) The report under (a) of this section shall be in writing, describe the proposed undertaking in detail, and specify (1) its financial impact on the corporation; (2) its impact on the level and nature of services provided by the corporation; (3) the reasons the action is necessary or desirable to achieve the purposes of this chapter; (4) whether and when the undertaking or service is expected to be self-sustaining financially; and (5) if the undertaking requires an appropriation to be used for providing a service that is not self-sustaining, that the amount of the appropriation has been strictly calculated in accordance with United States Surface Transportation Board standards for determining rail service subsidies.
AK Stat § 42.40.285 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 4. Powers and Duties.|Sec. 42.40.285. Legislative approval required.

Unless the legislature approves the action by law, the corporation may not (1) exchange, donate, sell, or otherwise convey its entire interest in land; (2) issue bonds; (3) extend railroad lines; this paragraph does not apply to a spur, industrial, team, switching, or side track; (4) lease land for a period in excess of 95 years unless the corporation reserves the right to terminate the lease if the land is needed for railroad purposes; (5) apply for or accept a grant of federal land within a municipality; before approving an action under this paragraph, the legislature must determine that the federal land is required for essential railroad purposes; except as otherwise provided in AS 42.40.410, this paragraph does not apply to the application for or acceptance of a grant of federal land associated with (A) the Anchorage-Wasilla line change project on Elmendorf Air Force Base and Fort Richardson; (B) the Fairbanks intermodal rail yard expansion project; (C) a conveyance of rail properties of the Alaska Railroad under the original Alaska Railroad Transfer Act of 1982 as set out in Title VI, P.L. 97-468; in this subparagraph, “rail properties of the Alaska Railroad” has the meaning given in 45 U.S.C. 1202(10).
AK Stat § 42.40.290 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 40. Alaska Railroad Corporation|Article 4. Powers and Duties.|Sec. 42.40.290. Long-range capital improvement and program plan.

(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 during each of the five years after the plan is adopted. (b) The board shall annually review and approve revisions to the long-range capital improvement and program plan. The board shall provide copies of the updated plan to the governor and the legislature by December 1 of each year.