reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 4. Powers and Duties. › Sec. 42.40.300. Use of corporation assets.

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, or engage in business for private benefit. The use of money, property, another asset, or credit of the corporation for a purpose not authorized by law by a person having the possession or control of it is prohibited.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 4. Powers and Duties. › Sec. 42.40.310. Indemnification.

(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 criminal action in which the person is involved by affiliation with the corporation, if the person acted in good faith on behalf of the corporation and within the scope of official duties or powers.
(b) The corporation may purchase insurance to protect and hold personally harmless its employees, agents, and board members from an action, claim, or proceeding arising out of the performance, purported performance, or failure of performance, in good faith, of duties for, or employment with, the corporation and to hold them harmless from expenses connected with the defense, settlement, or monetary judgments from that action, claim, or proceeding. The purchase of insurance is discretionary with the board and insurance is not considered to be compensation to the insured person.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.350. Land.

(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 property transferred under this subsection that was not vested in the United States at the time of transfer. All land that is transferred or acquired by the corporation is designated as follows:
(1) railroad rights-of-way are railroad utility corridors;
(2) land outside railroad utility corridors is rail land.
(b) Railroad utility corridors shall be of a width at least 100 feet on both sides of the centerline of the extended main or branch line, unless the corporation does not own or control sufficient land to allow a corridor of that width. Railroad utility corridors may be surveyed by the metes and bounds method. The corporation may not convey its entire interest in land within a utility corridor except as provided in AS 42.40.285, 42.40.370(d) and 42.40.400. However, the corporation may lease, subject to AS 42.40.285 and (d) of this section, grant easements in or permits for, or otherwise authorize use of portions of a utility corridor for transportation, communication, and transmission purposes and support functions associated with those purposes, and for commercial and other uses authorized under this chapter if the use does not restrict other parallel uses of the utility corridor.
(c) The corporation may lease, subject to AS 42.40.285 and (d) of this section, grant easements in or permits for, or otherwise authorize use of portions of rail land. However, the corporation may not convey its entire interest in rail land except as provided in AS 42.40.285, 42.40.352, 42.40.370(d), and 42.40.400.
(d) A lease or disposal of land approved by the legislature under AS 42.40.285 by the corporation to a party other than the state shall be made at fair market value as determined by a qualified appraiser or by competitive bid.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.352. Sale of land not necessary for railroad purposes.

(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) Before offering land for sale under this section, the corporation shall
(1) publish public notice of the proposed sale that includes the finding by the board that the land is not necessary for railroad purposes and that the sale is in the best interest of the state;
(2) provide notice to persons having a leasehold interest in the land proposed to be sold and offer the leaseholders the right of first refusal;
(3) receive legislative approval under AS 42.40.285; and
(4) notify, by registered mail, adjacent landowners of the proposed action.
(c) The corporation shall separately account for the proceeds from the sale of land under this section and shall report the earnings and balance in the account in the annual report required by AS 42.40.260. Money in the account may be appropriated in accordance with 45 U.S.C. 1207(a)(5) (Alaska Railroad Transfer Act of 1982).
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.355. Prohibition.

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. 410hh(4)(b)-(e).
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.360. Request for land.

(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 through the federal land selection process.
(b) The board may identify and request the commissioner of natural resources to convey land necessary or useful for present or future railroad purposes owned by or tentatively approved for transfer to the state, including land not contiguous with a railroad utility corridor or rail land. The request must include a statement of and justification for the present or future railroad use. Upon receipt of a request, the commissioner shall temporarily reserve the land identified in the request for railroad purposes and defer disposal or lease of that land under other laws to a party other than the corporation. The temporary reservation of land is subject to valid existing rights and remains in effect for 180 days.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.370. Conveyance of land.

(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 corporation;
(2) notify the corporation of reasons for refusal to designate the identified land for railroad purposes; or
(3) approve the request in part and deny it in part and convey as appropriate.
(b) A conveyance of land under this section may be for less than its appraised value as determined by the commissioner of natural resources.
(c) In the absence of a reservation to the contrary, a conveyance of land under this section vests in the corporation ownership, control of the surface, material and mineral estate, including the right to extract or use timber and other construction materials, sand, gravel, rock, and the right to tunnel, ditch, recontour, excavate, or otherwise use the land for railroad, transportation, transmission, communication, and related purposes.
(d) The corporation may reconvey to the state land received under this section that the corporation and the commissioner of natural resources jointly identify as unnecessary or unsuitable for the corporation's purposes.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.380. Use of state land.

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 necessary to maintain safe and adequate rail operations, the corporation may effect the relocation and notify the Department of Natural Resources. The relocation must affect only the amount of state land necessary to adequately restore or continue safe rail operations at a normal level.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.385. Eminent domain.

(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 the board, ownership of a fee simple title is necessary to carry out the purposes of this chapter.
(b) The corporation may file a declaration of taking in the manner provided for the state under AS 09.55.420.
(c) The power of eminent domain conferred under this section includes the power to obtain clay, gravel, sand, timber, rock, or other material for the operation of the railroad, the land necessary to obtain the material, and access to the land and material.
(d) The exercise of the power of eminent domain requires the prior approval of the governor.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.390. Land use rules.

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 constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.400. Vacation of easements.

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 easement for use in conformity with those laws.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.410. Federal land.

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 law other than the Alaska Statehood Act of 1958 (P.L. 85 - 508, 72 Stat. 339), as amended. The corporation may receive in its own name conveyances of all interests in federal land. In this section, land or interest in land that is not conclusively owned by the United States at the time of transfer is not available and does not satisfy the exception from legislative approval under AS 42.40.285(5)(C).
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.420. Public use of railroad land.

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 create a safety hazard and will not unreasonably interfere with continued or expanded operations in the utility corridor. Before authorizing a use under this section, the board shall require the municipality or state to execute an agreement in a form approved by the board to
(1) agree to restrictions, limitations, and conditions on the proposed use required by the corporation and reasonably calculated to reduce the risk of a safety hazard or interference with authorized uses in the utility corridor;
(2) hold the corporation harmless from and indemnify the corporation for liability and claims arising from any use authorized under this section including
(A) defending the corporation in a cause of action brought against the corporation as a result of the use; and
(B) indemnifying the corporation for the amount of a judgment, including prejudgment and postjudgment interest, rendered against the corporation, and for all costs and attorney's fees incurred by the corporation in settling or defending the claim; and
(3) stop the use upon request of the corporation if the use interferes with expansion or replacement of railroad facilities, creates a safety hazard, or interferes with railroad operations.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.430. Acquisition of government property.

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 acquire from the Department of Administration property of the state made available under AS 44.68.110 - 44.68.140.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.435. Exchange of land.

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 Claims Settlement Act), and individuals.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.450. Adverse possession.

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 possession or prescription, or in any other manner except by conveyance from or formal vacation by the corporation.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 5. Corporation Property. › Sec. 42.40.465. Extension of the Alaska Railroad to connect with the North American railroad system.

(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 development, construction, and operation of an extension of the Alaska Railroad to connect with the North American railroad system.
(b) In performing the work authorized by (a) of this section, the corporation shall consider the following factors:
(1) safety;
(2) grade and alignment standards that are commensurate with rail and utility construction standards and that minimize the prospect of at-grade railroad and highway crossings;
(3) availability of construction materials;
(4) effects on and service to adjacent communities and potential intermodal transportation connections;
(5) environmental concerns;
(6) use of public land to the maximum degree possible;
(7) minimization of probable construction costs;
(8) the location of and the opportunity to obtain access to identified natural resources that could contribute significantly to the economic development of the state and Canada;
(9) avoidance of possibly unstable ground due to thawing of frozen soils; and
(10) prior and established traditional uses.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 6. Financial Provisions. › Sec. 42.40.500. Limitation of liability.

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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 6. Financial Provisions. › Sec. 42.40.510. Fidelity bond.

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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 6. Financial Provisions. › Sec. 42.40.520. Insurance.

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 machinery, pollution liability, and other insurance in amounts reasonably calculated to cover potential claims against the corporation or state for bodily injury, death or disability and property damage that may arise from or be related to corporation operations and activities.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 6. Financial Provisions. › Sec. 42.40.530. Revenue.

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).
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 7. Specific Projects. › Sec. 42.40.550. Extension of railroad to Fort Greely.

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 for a use identified under AS 42.40.350(b) and other transportation and utility uses. The corporation may also acquire land along the corridor for use as rail land that can be developed for terminal, station, and maintenance facilities, switching yards, and any other purposes associated with the railroad utility corridor.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 7. Specific Projects. › Sec. 42.40.570. Kenai gasification project.

(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 Peninsula, and facilities and equipment for coal gasification and electrical power generation adjacent to the Agrium fertilizer plants in the northern Kenai Peninsula.
(b) 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 by rail from Healy to Port MacKenzie and thereafter by barge to the northern Kenai Peninsula.
(c) The corporation may finance all or a portion of the projects described in (a) and (b) of this section through the issuance of its bonds.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.600. General provisions.

(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 or variable interest at a specified rate or rates per year or within a maximum rate;
(3) be in a specified denomination;
(4) be in a coupon or registered form;
(5) carry conversion or registration provisions;
(6) have a specified rank or priority;
(7) be executed in the specified manner and form;
(8) be payable as specified from the sources, in the medium of payment, and place or places inside or outside the state;
(9) be subject to authentication by a trustee or fiscal agent; and
(10) be subject to terms of redemption with or without premium.
(c) Bonds may be sold in the manner, on the terms, and at the price the board determines. Notes shall mature at the time or times determined by the board. Except for bond anticipation notes, notes, or other obligations, bonds shall mature at the time, not exceeding 50 years from their date, determined by the board.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.620. Bonds eligible for investment.

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 fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. These bonds may be deposited with a state or municipal officer of an agency or political subdivision of the state for any purpose for which the deposit of bonds of the state is authorized by law.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.630. Payment of bonds.

(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 a person, or a pledge of money, income, or revenue of the corporation from any source.
(b) [Repealed, § 13 ch 64 SLA 2018.]
(c) Before issuing bonds to provide the financing described in AS 42.40.570 for real or personal property to be owned in whole or in part by an entity other than the corporation, the corporation shall enter into one or more contracts, leases, or other forms of agreement that will, in the judgment of the corporation, provide sufficient consideration to
(1) pay the principal of and interest on the bonds as they become due;
(2) create and maintain any reserves for the bond payments that the corporation considers necessary or desirable; and
(3) pay all costs necessary to issue, service, or additionally secure the bonds, including trustee's fees and bond insurance premiums, unless these costs are to be paid from bond proceeds or by a party other than the corporation.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.640. Security for bonds.

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 resolution giving powers to a corporate trustee by means of which the corporation may
(1) make and enter into any and all the covenants and agreements with the trustees or the holders of the bonds that the corporation may determine to be necessary or desirable, including covenants, provisions, limitations, and agreements as to
(A) the application, investment, deposit, use, and disposition of the proceeds of bonds of the corporation or of money or other property of the corporation or in which it has an interest;
(B) the fixing and collection of rentals, charges, fees, or other consideration for, and the other terms to be incorporated in, contracts with respect to the use of any of the corporation's property;
(C) the fixing and collection of tariffs, fees, charges, or other consideration for the use or service of the Alaska Railroad by passengers, and other users and freight;
(D) the terms and conditions upon which additional bonds of the corporation may be issued;
(E) the vesting in the trustee of rights and remedies exercisable by the trustee for the protection of the holders of bonds of the corporation and not otherwise in violation of law and the restriction of the rights of an individual holder of bonds of the corporation;
(2) pledge, mortgage, or assign money, leases, agreements, assets, or property of the corporation either presently in hand or to be received in the future, or both; and
(3) provide for any other matters of like or different character that in any way affect the security or protection of the bonds.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.660. Validity of signatures.

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 until delivery.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.670. Validity of pledge.

(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 delivery or further act. The lien of a pledge is valid and binding against all parties having claims of any kind against the corporation, irrespective of whether those parties have notice of the lien of the pledge.
(b) Nothing in this section prohibits the corporation from selling assets subject to a pledge, except that a sale may be restricted by the trust agreement or resolution providing for the issuance of the bonds.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.675. Pledge of the state.

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 fulfill the terms of a contract made by the corporation with the holders or federal agency, or in any way impair the rights and remedies of the holders until the bonds together with the interest on them with interest on unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of the holders, are fully met and discharged. The corporation is authorized to include this pledge and agreement of the state, insofar as it refers to holders of bonds of the corporation, in a contract with the holders and insofar as it relates to a federal agency, in a contract with the federal agency.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.680. Remedies.

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 granted under this chapter, the trust agreement or resolution, or any other contract executed by the corporation under this chapter; and
(2) compel the performance of all duties of the corporation required by this chapter or by the trust agreement or resolution.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.690. Credit of state not pledged.

(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 subdivision of the state; or
(2) pledge of the faith and credit of the state or of a political subdivision of the state.
(b) The corporation may not pledge the credit or the taxing power of the state or its political subdivisions. Each bond issued under this chapter shall contain on its face a statement that
(1) the corporation is not obligated to pay it or the interest on it except from the revenue or assets pledged for it; and
(2) neither the faith and credit nor the taxing power of the state or of a political subdivision of the state is pledged to the payment of it.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 8. Bonds. › Sec. 42.40.695. Public purpose of bonds.

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 the state for an essential public and governmental purpose.