reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 60. State Programs › Article 8. Community Assistance Program. › Sec. 29.60.860. Per capita payment increases.

(a) Subject to (b) of this section, if the amount available for distribution under AS 29.60.850(c) exceeds the amount needed to fully fund all the basic community assistance payments, the balance shall be distributed on a per capita basis to municipalities, to reserves, and to communities in the unorganized borough.
(b) The per capita amount distributed to each community in the unorganized borough may not, when added to the basic community assistance payment for that community, exceed the basic amount calculated under AS 29.60.855(b)(3). If the per capita distribution for a community in the unorganized borough, when added to the basic community assistance payment for that community, would exceed the basic amount calculated under AS 29.60.855(b)(3), the excess amount shall be distributed on a per capita basis to other communities in the unorganized borough.
(c) For purposes of this section, the population of a municipality, reserve, or community shall be determined by using the numbers of permanent fund dividend recipients or other population data that the department determines is reliable. For purposes of determining the population of a borough, the population of each city in the borough shall be deducted from the total borough population.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 60. State Programs › Article 8. Community Assistance Program. › Sec. 29.60.865. Eligibility requirements for reserves and communities.

(a) The department, with advice from the Department of Law, shall determine whether there is in each community or reserve an incorporated nonprofit entity or a Native village council that will agree to receive and spend the community assistance payment. If there is more than one qualified entity in a reserve or community in the unorganized borough, the department shall pay the money to the entity that the department finds most qualified to receive and spend the money on behalf of the reserve or community. The department may not make a community assistance payment to a Native village council unless the council waives immunity from suit for claims arising out of activities of the council related to the payment. A waiver of immunity from suit under this section must be on a form provided by the Department of Law. If there is no qualified incorporated nonprofit entity or Native village council in a reserve or community that is willing to receive the community assistance payment and use the payment on behalf of that reserve or community, the payment for that reserve or community may not be paid. Neither this section nor any action taken under it enlarges or diminishes the governmental authority or jurisdiction of a Native village council.
(b) The department may make a community assistance payment on behalf of a community in a borough or unified municipality only to the municipality for payment by the municipality to an incorporated nonprofit entity or Native village council that has been approved by the assembly and meets the requirements of (a) of this section. The department shall have written evidence of the assembly approval. If there is more than one qualified entity in a community in a borough or unified municipality, one of the entities may receive the entire payment, or the payment may be shared between two or more of the qualified entities, as determined by the assembly.
(c) A community in a borough or unified municipality is eligible for a community assistance payment only if at least three of the following services are generally available to all residents of the community and each of the three services, in any combination, are provided by one or more qualifying incorporated nonprofit entities or a Native village council or are substantially paid for by the residents of the community through taxes, charges, or assessments levied or authorized by the borough or unified municipality:
(1) fire protection;
(2) emergency medical;
(3) water and sewer;
(4) solid waste management;
(5) public road or ice road maintenance;
(6) public health;
(7) search and rescue.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 60. State Programs › Article 8. Community Assistance Program. › Sec. 29.60.879. Definitions.

In AS 29.60.850 - 29.60.879,
(1) “community” means a place in the unorganized borough, in a borough, or in a unified municipality that is not incorporated as a municipality, that is not a reserve, and in which 25 or more individuals reside as a social unit;
(2) “reserve” means a place that is organized under federal law as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in existence under that subsection.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.010. Determination of entitlement for boroughs and unified municipalities.

(a) The general grant land entitlement of each of the municipalities in this subsection is the amount set out opposite each:
(1) Municipality of Anchorage - 44,893 acres;
(2) City and Borough of Juneau - 19,584 acres;
(3) City and Borough of Sitka - 10,500 acres;
(4) Bristol Bay Borough - 2,898 acres;
(5) Fairbanks North Star Borough - 112,000 acres;
(6) Haines Borough - 2,800 acres;
(7) Kenai Peninsula Borough - 155,780 acres;
(8) Ketchikan Gateway Borough - 11,593 acres;
(9) Kodiak Island Borough - 56,500 acres;
(10) Lake and Peninsula Borough - 125,000 acres;
(11) Matanuska-Susitna Borough - 355,210 acres;
(12) North Slope Borough - 89,850 acres;
(13) City and Borough of Yakutat - 21,500 acres;
(14) City and Borough of Wrangell - 9,006 acres;
(15) Haines Borough - 3,167 acres;
(16) Petersburg Borough - 14,666 acres.
(b) [Repealed, § 12 ch 34 SLA 1987.]
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.020. Determination of entitlement for cities.

(a) The general grant land entitlement of a city formerly eligible to receive general grant land under the provisions of former AS 29.18.190 and 29.18.200 is 10 percent of the maximum total acreage of vacant, unappropriated, unreserved land in the boundaries of each city at any time between the initial date of eligibility under former AS 29.18.190 and 29.18.200 and January 1, 1988. Within six months after January 1, 1988, the director shall determine the entitlement for each city eligible to receive general grant land under this section and certify that entitlement to the city.
(b) [Repealed, § 12 ch 34 SLA 1987.]
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.030. Determination of entitlement for newly incorporated municipalities.

(a) The general grant land entitlement of a municipality incorporated after July 1, 1978, that does not qualify for an entitlement under AS 29.65.010 or 29.65.020 is 10 percent of the maximum total acreage of vacant, unappropriated, unreserved land within the boundaries of the municipality between the date of its incorporation and two years after that date.
(b) Within two years and six months after the date of incorporation of the municipality, the director shall determine the entitlement of each municipality eligible to receive general grant land under (a) of this section and certify the entitlement to the municipality. However, the governing body of a city may, by resolution, request the director to certify the entitlement to the city on an expeditious basis. The director shall determine and certify the entitlement within six months after receipt of the resolution.
(c) [Repealed, § 12 ch 34 SLA 1987.]
(d) For the purpose of determining the general land grant entitlement under (a) of this section, the maximum total acreage of vacant, unappropriated, unreserved land within the boundaries of the municipality between the date of its incorporation and two years after that date shall be increased by the amount of land located within the boundaries of the municipality that is transferred to the University of Alaska under AS 14.40.365.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.040. Status of entitlements.

(a) After July 1, 1978, general grant land entitlements provided in former AS 29.18.201 and 29.18.202 are vested property rights that must be fulfilled as provided in AS 29.65.050. After January 1, 1988, general grant land entitlements provided in AS 29.65.010 are vested property rights that must be fulfilled as provided in AS 29.65.050.
(b) General grant land entitlements provided by AS 29.65.030 are property rights that vest on the date of incorporation of the municipality. The entitlement shall be fulfilled as provided in AS 29.65.050.
(c) Land may be selected or nominated for selection by a municipality to satisfy a general grant land entitlement under former AS 29.18.201 and 29.18.202 at any time before October 1, 1980. Land may be selected or nominated for selection by a municipality to satisfy a general grant land entitlement under AS 29.65.010(a)(1)-(9), (11), or (12) at any time before October 1, 1990. Land may be selected or nominated for selection by a municipality to satisfy a general grant land entitlement under AS 29.65.010(a)(10) at any time before October 1, 1996. Land may be selected or nominated for selection by a municipality to satisfy a general grant land entitlement under AS 29.65.010(a)(13) at any time before October 1, 1999. Land may be selected or nominated for selection by a municipality to satisfy a general grant land entitlement under AS 29.65.010(a)(14) or (15) at any time before October 1, 2011. Land may be selected or nominated for selection by a municipality to satisfy a general grant land entitlement under AS 29.65.010(a)(16) at any time before October 1, 2018. However, if a municipal selection or nomination or a part of a municipal selection or nomination is rejected by the director, the municipality may, not later than 90 days after receipt of the rejection or final decision on an appeal filed under AS 29.65.050(d), select additional state land as necessary to satisfy its entitlement.
(d) Land may be selected by a municipality to satisfy a general grant land entitlement under AS 29.65.030 at any time within one year after the director certifies the entitlement to the municipality.
(e) The time limitations imposed by (c) and (d) of this section for exercising a vested general grant land entitlement do not apply to
(1) the portion of an entitlement that cannot be satisfied by that date because of a shortage of land suitable for residential, commercial, and industrial purposes that is vacant, unappropriated, unreserved land;
(2) the portion of an entitlement that cannot be satisfied because the land selected by a municipality has been selected by a party entitled to select land owned by the United States or the state; or
(3) the portion of an entitlement that cannot be satisfied because the land nominated for selection by the municipality is not tentatively approved for patent to the state.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.070. Selection and conveyance procedure.

(a) If land selected by a municipality is unsurveyed at the time of approval, the director shall survey, or may approve the municipality's survey of, the exterior boundaries of an approved selection without interior subdivision, and shall issue patent in terms of the exterior boundary survey. The cost of the survey shall be borne by the municipality. If land selected by a municipality has been surveyed at the time of its selection, the boundaries shall conform to the public land subdivisions established by the approved survey.
(b) The director may approve municipal selections of land that have been tentatively approved or patented to the state by the federal government but may not issue patent to a municipality until the land has first been patented to the state. After approval of a selection by the director, but before patent to a municipality, the municipality may execute conditional leases and make conditional sales only with the consent of the director. Conditional sales and conditional leases made before July 1, 1978, do not require the consent of the director.
(c) The commissioner of natural resources shall require that each selection be compact in form with its length not exceeding approximately four times its width. The restrictions on form may be waived by the commissioner based on land use, terrain, effect of the form of the selection on access to it and other parcels, and effect of the form of the selection on surveying and management costs to the state and the municipality.
(d) Nothing in this chapter affects a valid existing claim, location, or entry under the laws of the state or the United States whether for homestead, mineral, right-of-way, or other purposes. Nothing in this chapter affects the rights of an owner, claimant, locater, or entryman to the full use and enjoyment of the land so occupied.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.090. Authorization for land exchanges.

The director and a municipality are authorized to exchange land or interests in land when it is in the public interest. Land or interests in land exchanged under this section must be of approximately equal value, including the nonmonetary value of public benefits. Exchange procedures shall comply with applicable law and municipal ordinances. The notice and review provisions of AS 38.05.945 apply to exchanges of land under this section. The provisions of AS 38.50 do not apply to exchanges of land under this section.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.100. Public purpose and expansion needs.

(a) Consistent with the best interests of the state, if a municipality does not contain and cannot reasonably acquire sufficient nonfederal land within its boundaries to meet its legitimate needs for public or private settlement or development, it is the policy of the state to select federal land reasonably necessary to meet the needs of the municipality and to make the land selected available to the municipality under AS 38.05.810 or (b) of this section.
(b) The state may contract with a municipality to act as its agent in an auction of state land under applicable statutes. When a municipality acts as the agent of the state in an auction, the municipality may retain from the proceeds of the auction the capital and other expenses that the director determines to be necessary and reasonable.
(c) Nothing in this chapter limits or impairs the authority of the director to transfer land to municipalities, without limit or consideration, for public purposes in accordance with AS 38.05.810. If there is a remaining entitlement of the municipality, land transferred under AS 38.05.810 shall be credited toward fulfillment of the entitlement.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.122. Prohibited acquisitions.

A municipality may not acquire subsurface rights to land of the federal government by trading land received as a general grant land entitlement. A municipality may not acquire any interest in land within the Arctic National Wildlife Refuge by trading land with the federal government for land received as a general grant land entitlement.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.129. Policy.

Consistent with the best interest of the state, it is the policy of the state to provide a newly formed municipality with a general grant land entitlement that is no less than 10 percent of vacant, unappropriated, unreserved land located within its boundaries. It is the policy of the state to provide for expeditious transfer and patent of land to a municipality in fulfilling its entitlement.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 65. General Grant Land › Sec. 29.65.130. Definitions.

In this chapter, unless the context otherwise requires,
(1) “approved selection” means a municipal land selection that has been approved in writing by the director for transfer by patent to a municipality;
(2) “director” means the director of lands, Department of Natural Resources;
(3) “general grant land”
(A) means land patented or tentatively approved to the state from the United States under § 6(a) or (b) of the Alaska Statehood Act;
(B) does not include university land;
(4) “mental health land” means land granted under Title II, § 202 of P.L. 84-830, as amended before or after July 1, 1978;
(5) “municipal land selection” means a request by a municipality, filed in writing with the director under authority of former AS 29.18.190 and 29.18.200 or under this chapter for vacant, unappropriated, unreserved general grant land within its municipal boundaries in partial fulfillment of its municipal entitlement;
(6) “patent” means a document, issued by the director to a municipality for a previously approved selection, that conveys and quitclaims all the right, title, and interest of the state without reservation or condition except as may be required by law;
(7) “remaining entitlement” means the general grant land entitlement determined in accordance with this chapter, reduced by the total acreage of approved selections, including both patented and unpatented parcels;
(8) “school land” means those rectangular sections 16 and 36 within each township surveyed on or before January 3, 1959, and confirmed and transferred to the State of Alaska upon its admission under § 6(k), Alaska Statehood Act, 72 Stat. 339, and any other land designated solely for school revenues;
(9) “university land” has the meaning given in AS 38.05.965;
(10) “vacant, unappropriated, unreserved land” means general grant land as defined in (3) of this section, excluding minerals as required by § 6(i) of the Alaska Statehood Act, that
(A) has not been set aside by statute for one or more particular uses or purposes;
(B) has not been approved for patent to a municipality under this chapter or former AS 29.18.190 and 29.18.200;
(C) is unclassified or, if classified under AS 38.05.300, is classified for agricultural, grazing, material, public recreation, or settlement purposes, or is classified in accordance with an agreement between a municipality and the state providing for state management of land of the municipality; or
(D) was classified no earlier than September 1, 1983, as resource management and is still classified as resource management under AS 38.05.300.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 71. General Provisions › Sec. 29.71.020. Dedication of municipal property.

Dedication of streets, rights-of-way, easements, or other areas for public use may not be construed to require the municipality to maintain, improve, or provide for municipal services in the area dedicated, and the dedication does not impose any liability on the municipality for the condition of the area dedicated.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 71. General Provisions › Sec. 29.71.050. Procurement preferences for recycled Alaska products.

(a) Alaska recycled products shall be used in municipal procurements when the products are of comparable quality, of equivalent price, and appropriate for the intended use.
(b) Unless the procurement is governed by AS 29.71.040, in the evaluation of a bid or proposal for a procurement by a municipality, if a bid or proposal designates the use of recycled Alaska products for the products identified in the contract specifications, and if the recycled Alaska products meet the contract specifications, the bid or offer shall be decreased by the percentage of preference given to the recycled Alaska products under AS 36.30.332.
(c) The contract specifications for a municipal procurement must include a provision that describes the preference granted under (b) of this section.
(d) If a successful bidder or offeror who receives the preference under (b) of this section fails to use the designated recycled Alaska product for a reason within the control of the successful bidder or offeror, each payment under the contract shall be reduced by the percentage reduction scheduled under AS 36.30.330(a) for the classification the product has received under AS 36.30.332.
(e) In the evaluation of a bid or proposal for a municipal procurement, a person is not a responsible bidder or offeror if, during two contracts for which the person received a preference under (b) of this section during the preceding three years, the person failed to use the recycled Alaska product designated in the person's bids or proposals for the contracts for reasons within the control of the bidder or offeror.
(f) This section applies to home rule and general law municipalities.
(g) In this section, “recycled Alaska product” has the meaning given in AS 36.30.338.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 05. Shipping Subsidies › Sec. 30.05.010. Subsidies to freight carriers.

The Department of Transportation and Public Facilities may pay a sum of money not to exceed $30,000 a year to the owner or charterer of a vessel of American registry who operates the vessel as a common carrier of freight and mail to and from points the department designates.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 05. Shipping Subsidies › Sec. 30.05.020. Payment of subsidies.

The subsidy shall be paid in the installments the Department of Transportation and Public Facilities thinks proper, after proof is submitted that the conditions of the contract or subsidy are fulfilled up to the time of payment. The inability to touch at a point along the route designated by the department due to a lack of proper docking or harbor facilities or to stress of weather does not prevent the owner or charterer from receiving the money otherwise earned, and is not a cause for reducing the amount of the subsidy. If the subsidized vessel is lost, wrecked, or damaged, the department may permit the contractor to carry out the service temporarily with another vessel or ship of American registry that meets with its approval.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 05. Shipping Subsidies › Sec. 30.05.030. Tariff of rates.

The owner or charterer of the vessel awarded the subsidy must adopt and publish a tariff of freight rates to be approved by the Department of Transportation and Public Facilities. The tariff must be reasonable, and the operator of the vessel may not charge more than provided for in the tariff. The tariff must be published before services are performed under the subsidy.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 05. Shipping Subsidies › Sec. 30.05.040. Report by owner or charterer.

It is a condition in awarding of the subsidy that the contractor agrees to make a report under oath, in form and manner designated by the Department of Transportation and Public Facilities at the end of each year, giving the following information:
(1) tariff sheet of freight rates for the route covered;
(2) total tonnage carried;
(3) gross earning from freight and mail service rendered, segregating the two amounts;
(4) a statement in detail of all expenses incurred and on what account, the names and addresses of all persons employed, and the gross earnings and gross expense of the route covered.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 07. Marine Radiotelephone Installation › Sec. 30.07.010. Radiotelephone installation requirements for vessels in excess of 200 gross tons.

In addition to applicable federal statutes and regulations, a person may not operate a vessel of any type in excess of 200 gross tons in the territorial waters of the state unless a licensed VHF radiotelephone installation equipped with at least five channels, including standard VHF calling and distress frequencies, or a standard marine radiotelephone equipped with at least five channels, including standard radiotelephone calling and distress frequencies, is installed and capable of being operated from the bridge or wheelhouse of the vessel. While the vessel is underway the radiotelephone shall be monitored at all times on the applicable standard calling and distress frequency by a person qualified to operate radio equipment of the type required by this section.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 07. Marine Radiotelephone Installation › Sec. 30.07.030. Penalties.

A master or owner of a vessel in operation that is in violation of this chapter, or a regulation adopted under it, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000. Each day the violation continues constitutes a separate offense under this section.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.020. Board of governors.

(a) The authority shall be governed by a board of governors consisting of eight members, five of whom shall be elected and three of whom shall be appointed by the governor. Elections of members to succeed those initially elected under AS 30.13.010(f) shall be held on the first Tuesday of October of each year in which a term expires. Terms of elected members shall be two years.
(b) Nominations for elected members to succeed those initially elected under AS 30.13.010(f) shall be in accordance with the procedures set out in AS 30.13.010(g).
(c) The three members appointed by the governor shall be the commissioner of transportation and public facilities and the heads of two other principal departments of the executive branch.
(d) The members of the board of governors shall elect a chairperson and a vice-chairperson from among its members. Five members of the board of governors, one of whom shall be a member appointed under (c) of this section, constitute a quorum for the transaction of business. Action may be taken and motions or resolutions adopted by the board of governors at a meeting at which a quorum is present by vote of a majority of the members present, unless the bylaws of an authority require a larger number. The board of governors may delegate to one or more of its officers, agents, or employees the powers and duties that it considers proper. The board of governors may appoint persons as officers it considers advisable, including an executive director, and may employ professional advisors, counsel, technical experts, agents, and other employees it considers advisable.
(e) A member of the board of governors of an authority may not vote on a resolution of the board relating to any agreement to be entered into by the authority under this chapter if the member is a party to the agreement or has a direct ownership or equity interest, beneficially or of record, exceeding one percent in, or is employed by, a firm, partnership, corporation, or association that is a party to the agreement. A resolution of the board that is approved by a majority of all the members who are not barred from voting under this subsection is a valid action of the authority for all purposes.
(f) The board of governors may hold meetings by teleconference.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.040. Powers of an authority.

Subject to AS 30.13.050 and AS 30.13.130, in furtherance of its corporate purposes under AS 30.13.030, an authority has the power to
(1) sue and be sued;
(2) have a seal and alter it at its pleasure;
(3) adopt and amend bylaws for its organization and internal management;
(4) adopt regulations governing the exercise of its corporate powers;
(5) acquire, rent, hold, use, and dispose of projects and other real and personal property necessary, useful, or convenient for its purposes upon the terms and conditions the authority may consider advisable;
(6) provide for and secure the payment of bonds and the rights of the holders of them, and to purchase, hold, and dispose of bonds;
(7) accept gifts, loans, or grants, including organizational grants, from, and enter into contracts or other transactions regarding them with, any federal, state, municipal, or other agency or instrumentality, private organization, or other person;
(8) deposit or invest its funds, subject to agreements with bondholders;
(9) charge and collect only those rents, rates, fees, or other charges that are necessary to pay for capital, maintenance, and operating costs of the services and facilities of the authority and for the establishment of reserves to secure, and for the payment of, bonds or notes or interest on bonds or notes;
(10) enter into contracts or other transactions with any federal, state, municipal, or other agency, or instrumentality, private organization, or person consistent with the exercise of any powers under this chapter; and
(11) do all things necessary and convenient to carry out its corporate purposes and exercise the powers granted in this chapter.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.050. Limitation on powers.

An authority has only those powers expressly granted in this chapter, reasonably implied from this chapter, or reasonably necessary or convenient to carry out its corporate purposes and to exercise the powers expressly granted in or reasonably implied from this chapter. An authority does not have powers of eminent domain, taxation, land use planning, zoning, permitting, or other similar governmental powers. An authority may not use state grants, appropriations, or other transfers from the state to satisfy bond obligations or otherwise establish collateral or security for bonds issued by the authority. An authority may not use rents, rates, fees, or other charges collected through operation of a facility owned by the authority to finance the improvement, establishment, and development of unrelated facilities.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.055. Consideration of projects to be financed.

(a) Before issuing bonds for any project under this chapter, an authority must find, on the basis of all information reasonably available to it, that
(1) the project and its development under this chapter will be economically advantageous to the state and the general public welfare and will contribute to the economic growth of the state and the region within which the authority may exercise its powers;
(2) the project is financially sound and can be expected to produce revenue adequate to repay the bonds with which it is financed; and
(3) the scope of the project is sufficient to provide a reasonable expectation of a benefit to the region and the economy of the state.
(b) An authority shall give fair and reasonable consideration to a project presented to it for financing. When the authority determines whether to finance or assist in the financing of the project, the authority shall state the reasons for its determination in a written resolution upon request by a person who presented the project to the authority or a person who presented opposition to the project. The authority shall base its reasons on the information presented to it concerning the project and on other information considered appropriate by the authority.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.060. Bonds of an authority.

(a) Subject to the provisions of AS 30.13.055(a), an authority may borrow money and may issue revenue bonds, including but not limited to bonds on which the principal and interest are payable
(1) exclusively from the income and receipts or other money derived from the project financed with the proceeds of the bonds;
(2) exclusively from the income and receipts or other money derived from designated projects whether or not they are financed in whole or in part with the proceeds of the bonds; or
(3) from the income and receipts or assets generally, or a designated part or parts of them, of the authority or of any other person.
(b) Bonds shall be authorized by resolution of the authority, and be dated and shall mature as the resolution may provide, except that no bond may mature more than 40 years from the date of its issue. Bonds shall bear interest at the rate or rates, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption which the resolution or a subsequent resolution may provide.
(c) All bonds, regardless of form or character, shall be negotiable instruments for the purposes of the Uniform Commercial Code.
(d) All bonds may be sold at public or private sale in the manner, for the price or prices, and at the time or times that the authority may determine.
(e) The superior court shall have jurisdiction to hear and determine suits, actions, or proceedings relating to an authority, including without limitation suits, actions, or proceedings brought to foreclose or otherwise enforce a mortgage, pledge, assignment, or security interest or brought by or for the benefit or security of a holder of its bonds or by a trustee for or other representative of the holders.
(f) Before issuing bonds for a project under this chapter an authority shall submit to the state bond committee a description of the bond issue and an independent economic feasibility analysis of the project and expected revenues. This information may be contained in a preliminary prospectus, offering circular, or official statement relating to the bond issue. Bonds may not be issued unless the state bond committee finds, based upon the information submitted by the authority under this subsection and other information that is reasonably available to it, that the project revenues can be reasonably expected to be adequate for payment of the principal and interest on the bonds to be issued if the bonds are to be secured by project revenues alone, and in any event that issuance of the bonds by the authority would not be expected to adversely affect the ability of the state or its political subdivisions to market bonds.
(g) The total principal sum of bonds issued under this section for all authorities formed under this chapter is $400,000,000 exclusive of refunding bonds.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.070. Trust indentures and trust agreements.

In the discretion of the authority, an issue of bonds may be secured by a trust indenture or trust agreement between the authority and a corporate trustee, that 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 a resolution giving powers to a corporate trustee, after this in this section referred to as “trust agreement”, by means of which the authority may
(1) make and enter into the covenants and agreements with the trustee or the holders of the bonds that the authority determines necessary or desirable, including, without limitation, covenants, provisions, limitations, and agreements as to
(A) the application, investment, deposit, use, and disposition of the proceeds of the bonds of the authority or of money or other property of the authority or in which it has an interest;
(B) the fixing and collection of rents or other consideration for, and the other terms to be incorporated in an agreement with respect to a project;
(C) the assignment by the authority of its rights in a mortgage or other security interest created with respect to a project to a trustee for benefit of bondholders;
(D) the terms and conditions upon which additional bonds of the authority may be issued;
(E) the vesting in a trustee of rights, powers, duties, funds, or property in trust for the benefit of bondholders, including, without limitation, the right to enforce payment, performance, and all other rights of the authority or of the bondholders, under a lease, contract of sale, mortgage, security agreement, or trust agreement with respect to a project by mandamus or other proceeding or by taking possession of by agent or otherwise and operating a project and collecting rents or other consideration and applying the same in accordance with the trust agreement;
(2) pledge, mortgage, or assign money, leases, agreements, property, or other assets of the authority either presently in hand or to be received in the future, or both; and
(3) provide for any other matters that in any way affect the security or protection of the bonds.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.080. Validity of pledge.

It is the intention of the legislature that a pledge made in respect of bonds is perfected and valid and binding from the time the pledge is made; that the money or property so pledged and thereafter received by an authority is immediately subject to the lien of the pledge without physical delivery or further act; and that the lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority whether or not the parties have notice. Neither the resolution, trust agreement, nor any other instrument by which a pledge is created need be recorded or filed under the provisions of the Uniform Commercial Code to be perfected or to be valid, binding, or effective against the parties. This section does not affect title to or conveyances of real property, and does not limit the applicability of AS 40.17.080.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.090. Nonliability on bonds.

(a) Neither the members of an authority nor a person executing the bonds are liable personally on the bonds or are subject to personal liability or accountability by reason of the issuance of the bonds.
(b) The bonds issued by an authority do not constitute an indebtedness or other liability of the state or of a political subdivision of the state, but shall be payable solely from the income and receipts or other funds or property of the authority. The authority may not pledge the faith or credit of the state or of a political subdivision of the state, except the authority, to the payment of a bond, and the issuance of a bond by the authority does not directly or indirectly or contingently obligate the state or a political subdivision of the state to apply money from, levy or pledge any form of taxation to the payment of the bond.
(c) An authority issuing bonds shall print the language in (b) of this section in substantial form on the face of the bonds and in any offering circular or statement issued in connection with the bonds.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.100. Pledge of the state.

The state pledges to and agrees with the holders of bonds issued under this chapter and with the federal agency which loans or contributes funds in respect to a project, that the state will not limit or alter the rights and powers vested in an authority by this chapter to fulfill the terms of a contract made by the authority 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 authority is authorized to include this pledge and agreement of the state, insofar as it refers to holders of bonds of the authority, 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 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.110. Exemption from taxation.

The real and personal property of an authority and its assets, income, and receipts are declared to be the property of a political subdivision of the state and, together with any project financed under this chapter, are exempt from all taxes and special assessments of the state or a political subdivision of the state. All bonds of an authority are declared to be issued by a political subdivision of the state and for an essential public and governmental purpose and to be a public instrumentality, and the bonds, and the interest on them, the income from them and the transfer of the bonds, and all assets, income, and receipts pledged to pay or secure the payment of the bonds, or interest on them, shall at all times be exempt from taxation by or under the authority of the state, except for inheritance and estate taxes and taxes on transfers by or in contemplation of death. Nothing in this section affects or limits an exemption from license fees, property taxes, or excise, income, or other taxes, provided under any other law, nor does it create a tax exemption with respect to the interest of any business enterprise or other person, other than the authority, in any property, assets, income, receipts, project, or lease whether or not financed under this chapter.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.120. Bonds as legal investments for fiduciaries.

The bonds of an authority are securities in which all public officers and bodies of the state and all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, savings associations, including without limitation savings and loan associations and building and loan associations, investment companies and other persons carrying on banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are now or may afterward be authorized to invest in bonds or other obligations of the state may properly and legally invest money including capital in their control or belonging to them. Notwithstanding any other provisions of law, the bonds of an authority are also securities that may be deposited with and may be received by all public officers and bodies of the state and all municipalities and municipal subdivisions for any purpose for which the deposit of bonds or other obligations of the state is now or may afterward be authorized.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.125. Audit.

The legislative auditor shall audit or shall cause to have audited annually the financial records of an authority. The legislative auditor may prescribe the form and content of the financial records of an authority and shall have access to these records at any reasonable time.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.130. Equal use and access.

If an authority owns, leases, or otherwise operates or controls, or participates in the financing of, a facility, the authority shall, to the maximum extent possible, provide for equal rights of access to and use of the facility by members of the public and other persons or entities upon terms and conditions that are fair and reasonable. However, this section does not prevent an authority from establishing fair and reasonable limitations on use of or access to a facility to the extent the limitations are necessary in connection with the nature of the facility or the demand for use of or access to the facility. This section applies to the establishment of rates and rate structures as well as all other factors, terms, and conditions relating to the use of or access to the facility, including without limitation the design and location of the facility. The members of the authority shall make a written finding concerning compliance of the facility with the provisions of this section. A written finding signed by at least three of the five elected members and two of the three appointed members that the facility complies with the provisions of this section shall constitute a conclusive presumption of compliance.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.150. Succession.

Whenever a borough of the first or second class or a home rule municipality is created with an area coterminous with or inclusive of the area of an authority, the authority shall be integrated into the borough or home rule municipality within one year of incorporation. On integration the borough or home rule municipality succeeds to all the rights, powers, duties, assets, and liabilities of the authority, except that any indebtedness of an authority does not constitute a general obligation of the borough or home rule municipality payable from taxes levied by the borough or home rule municipality. The borough or home rule municipality may not levy any taxes to pay the indebtedness.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 13. Regional Resource Development Authorities › Sec. 30.13.900. Definitions.

In this chapter, unless the context otherwise requires,
(1) “authority” means a public body created under AS 30.13.010;
(2) “bonds” means bonds or other obligations issued under this chapter;
(3) “cost” includes the cost of acquisition or construction of all or any part of transportation facilities and of all or any property, rights, easements, and franchises considered by an authority to be necessary, useful, or convenient, including without limitation reimbursements to the authority or any other person of money expended for the purposes of the authority and interest or discount on bonds to finance those expenses, engineering and inspection costs and legal expenses, the cost of financial, professional, and other advice, and the cost of issuance of bonds;
(4) “district” means the area within the boundaries of an authority;
(5) “person” includes a corporation, company, partnership, firm, association, organization, business trust, society, state or agency or subdivision of the state, municipality of the state, or an authority, as well as a natural person;
(6) “transportation facilities”, or “facilities”, or “projects” means harbor, port, shipping and transportation facilities of all kinds, including harbors, channels, turning basins, anchorage areas, jetties, breakwaters, waterways, canals, locks, tidal basins, wharves, docks, piers, slips, bulkheads, public landings, warehouses, terminals, refrigerating and cold storage plants, rolling stock, car ferries, tugs, boats, conveyors, tunnels, bridges, highways, roads and railroads, and appliances of all kinds for the handling, storage, inspection, and transportation of freight and natural resource products; it also includes all property, rights, easements, and franchises relative to a facility and necessary or convenient for the acquisition, construction, or operation of the facility, but does not include airport facilities.