reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 15. State Participation in Port Facilities and Development › Sec. 30.15.010. State grants for port facilities construction.

To the extent funds are appropriated by the legislature, or from the proceeds from the sale of bonds, the state may make grants to municipalities to finance a portion of the cost of constructing local, regional, or state port facilities. The state shall participate only in those projects approved by the governor on recommendation of the commissioner.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 15. State Participation in Port Facilities and Development › Sec. 30.15.020. Criteria for establishing eligibility.

(a) Before a grant may be awarded under this chapter, the commissioner shall determine that
(1) the grant is for a feasible project;
(2) the project is endorsed by resolution of the governing body of the sponsoring municipality on its own behalf, or on behalf of a service area in an organized borough if a service area is established to finance and construct port facilities and operate and maintain them once constructed; and
(3) the municipality can clearly demonstrate its ability to finance the local share of project costs.
(b) A grant may not be awarded under this chapter for a port facility development project until a study of its feasibility is conducted and submitted with the application for the grant. The project also must be justifiable on the basis of public convenience and necessity. The study shall be conducted by consultants, engineers, or other technical experts, who may be officers or employees of the municipality in making application for a grant.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 15. State Participation in Port Facilities and Development › Sec. 30.15.030. Limitation on grants.

Grants for the development of port facilities may not exceed
(1) 90 percent of project costs for municipalities under 5,000 population;
(2) 80 percent of project costs for municipalities 5,000 population and over.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 15. State Participation in Port Facilities and Development › Sec. 30.15.040. Disposition of state land for port facilities development projects.

The division of lands in the Department of Natural Resources, subject to the applicable provisions of AS 38.05 and AS 38.10, may convey title or other interests in state land, provide for the exchange of state land, or make other arrangements with respect to state land that may be necessary to complete a project for which a state grant is approved under this chapter.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 15. State Participation in Port Facilities and Development › Sec. 30.15.050. Combined port and ferry terminal facilities.

A grant may be awarded under this chapter for a port facilities development project that includes, or combines, state ferry terminal facilities as a part of the project. However, the state shall pay the proportionate project costs attributable to the ferry terminal including but not limited to vehicle staging areas, transfer spans and aprons, passenger terminal facilities and offices, docks and other docking facilities for ferry vessels.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 15. State Participation in Port Facilities and Development › Sec. 30.15.070. Definitions.

In this chapter,
(1) “commissioner” means the commissioner of transportation and public facilities;
(2) “port facilities” means docks, wharves, bulkheads, seawalls, landfills, warehouses, staging areas, transfer spans and aprons, lifting equipment and similar structures together with the necessary equipment and facilities required to accommodate waterborne commerce and shipping, including but not limited to combined port and ferry terminal facilities;
(3) “project costs” means the cost of financing or borrowing, site acquisition and rights-of-way, planning, engineering and designing, construction, equipment acquisition and installation, but does not include the cost of operation or maintenance of the port facilities once constructed or the cost of feasibility studies required in making application for a grant under this chapter.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 1. Establishment. › Sec. 30.17.010. Creation of authority.

There is created the Adak Reuse Authority. The authority is a public corporation of the state and a body corporate and is an instrumentality of the Department of Commerce, Community, and Economic Development, but with separate and independent legal existence.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 1. Establishment. › Sec. 30.17.020. Membership of authority.

(a) The membership of the authority consists of
(1) the commissioner of commerce, community, and economic development;
(2) two other persons selected by the governor who serve as the heads of principal departments of the executive branch of state government; and
(3) four public members appointed by the governor, two of whom must be residents of the area that is within the boundaries of the Aleut Corporation, a Native regional corporation established under 43 U.S.C. 1606 (Alaska Native Claims Settlement Act).
(b) If a member described in (a)(1) or (2) of this section is unable to attend a meeting of the authority, the member may, by an instrument in writing filed with the authority, designate a deputy or assistant to act in the member's place as a member at the meeting. For purposes of this chapter, the designee is a member of the authority at the meeting.
(c) Members of the authority described in (a)(2) and (3) of this section serve two-year terms but serve at the pleasure of the governor.
(d) If a vacancy occurs in the membership of the authority, the governor shall immediately appoint a member for the unexpired portion of the term.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 1. Establishment. › Sec. 30.17.030. Chair and vice-chair.

The members of the authority shall elect a chair from among themselves. A vice-chair may be elected by the authority from among its other members. The vice-chair presides over all meetings in the absence of the chair and has other duties that the authority may prescribe.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 1. Establishment. › Sec. 30.17.040. Meetings, compensation, and employees.

(a) A majority of the members of the authority constitutes a quorum for the transaction of business or the exercise of a power or function at a meeting of the authority. Action may be taken and motions and resolutions may be adopted by the authority only upon an affirmative vote of a majority of the full membership of the authority. The authority may meet and transact business by electronic media if (1) public notice of the time and locations where the meeting will be held by electronic media has been given in the same manner as if the meeting were held in a single location; (2) participants and members of the public in attendance can hear and have the same right to participate in the meeting as if the meeting were conducted in person; and (3) copies of pertinent reference materials, statutes, regulations, and audio-visual materials are reasonably available to participants and to the public. A meeting by electronic media as provided in this subsection has the same legal effect as a meeting in person.
(b) The public members of the authority are entitled to $100 compensation for each day spent on official business of the authority and may be reimbursed by the authority for actual and necessary expenses at the same rate paid to members of state boards under AS 39.20.180.
(c) The authority may not hire employees but may contract with individuals or entities to serve in capacities it considers advisable, including service as an executive director, executive secretary, professional advisor, legal counsel, technical expert, agent, and in other positions. A contractor hired under this subsection is not a state employee for any purpose. A contract under this subsection may not exceed two years' duration.
(d) The authority shall keep minutes of each meeting and send a certified copy to the governor and to the Legislative Budget and Audit Committee.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 2. Purpose and General Powers. › Sec. 30.17.100. Purpose of the authority.

The purpose of the authority is to develop and implement a comprehensive reuse and redevelopment plan for the territory encompassed by the Adak Naval Air Facility in a manner that will attract business, create jobs, and advance the general prosperity and economic welfare of the people of the state by
(1) administering in a manner consistent with the purpose of the authority the assets transferred to the authority by the federal government, including facilities and other real or personal property, located at the Adak Naval Air Facility;
(2) entering into necessary agreements with the federal government for operation of the facilities comprising the Adak Naval Air Facility;
(3) operating or contracting with others to operate enterprises and other facilities located at the Adak Naval Air Facility; and
(4) cooperating and acting in conjunction with other organizations, public and private, the objects of which are the promotion and advancement of economic use of the facilities located at the Adak Naval Air Facility.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 2. Purpose and General Powers. › Sec. 30.17.110. Powers of the authority.

In furtherance of its corporate purposes, the authority may, in addition to other powers that it may have by law,
(1) sue and be sued;
(2) have a seal and alter the seal 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) subject to AS 30.17.130(c), accept title to, or other interest in, assets transferred to the authority by the federal government, including facilities and other real or personal property, located at the Adak Naval Air Facility;
(6) lease to others a project acquired by it for the rentals and upon the terms and conditions the authority may consider advisable, including, without limitation, provisions for options to purchase or renew;
(7) issue and secure the payment of bonds, including revenue bonds; provide for the rights of holders of the bonds; and purchase, hold, and dispose of bonds;
(8) sell, by installment sale or otherwise, exchange, donate, convey, or encumber in any manner by mortgage or by creation of any other security interest, real or personal property owned by it, or in which it has an interest, including a project, when, in the judgment of the authority, the action is in furtherance of its corporate purposes;
(9) accept gifts, grants, or loans from, and enter into contracts or other transactions regarding them with, a federal agency or an agency or instrumentality of the state, a municipality, a private organization, or other source;
(10) deposit or invest its funds, subject to agreements with bondholders;
(11) acquire, manage, and operate projects as the authority considers necessary or appropriate to serve a public purpose;
(12) enter into contracts or other transactions with a federal agency, with an agency or instrumentality of the state or of a municipality, or with a private organization or other entity consistent with the exercise of any power under this chapter;
(13) charge fees or other forms of remuneration for the use or possession of the projects described in (11) of this section in accordance with the agreements described in (12) of this section, other agreements pertaining to the projects, covenants, or representations made in bond documents pertaining to the projects, or regulations of the authority pertaining to the projects.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 2. Purpose and General Powers. › Sec. 30.17.130. Limitation on powers.

(a) The authority has only the 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.
(b) The authority does not have powers of
(1) eminent domain;
(2) taxation;
(3) land use planning;
(4) zoning;
(5) permitting; or
(6) other similar governmental powers.
(c) The authority may not accept transfer by the federal government of title to, an interest in, control over, or responsibility for a facility or other real or personal property located at the Adak Naval Air Facility unless sufficient federal or other money is available to the authority to manage the property or operate the facility at a minimal level for two years after the date of the transfer. The director of the office of management and budget shall determine whether sufficient money is available to the authority with respect to each proposed transfer subject to this subsection, and approve or disapprove the proposed transfer.
(d) Notwithstanding other provisions of this chapter, the authority may not enter into a trust indenture or contract that has the effect of precluding the transfer of the assets and liabilities of the authority to a successor.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 3. Projects; Bonds. › Sec. 30.17.200. Consideration of projects to be financed.

(a) Before issuing bonds for a project under this chapter, the authority must find, on the basis of all information reasonably available to it, that the
(1) 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;
(2) project is financially sound and can be expected to produce revenue adequate to repay the bonds with which it is financed; and
(3) scope of the project is sufficient to provide a reasonable expectation of a benefit to the region and the economy of the state.
(b) The 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 a 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.
(c) The authority may not issue bonds to finance or assist in financing a project unless the authority has received legislative approval to do so for a specified project.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 3. Projects; Bonds. › Sec. 30.17.210. Bonds of the authority.

(a) Subject to the provisions of AS 30.17.200, the authority may borrow money and may issue revenue bonds, including 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 issued under this chapter shall be authorized by resolution of the authority, and shall be dated and shall mature as the resolution may provide, except that a bond may not mature more than 40 years from the date of its issuance. The 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 that the resolution or a subsequent resolution may provide.
(c) Bonds issued under this chapter, regardless of form or character, shall be negotiable instruments for the purposes of the Uniform Commercial Code.
(d) Bonds issued under this chapter 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 the authority, including 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, the 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 revenue. This information may be contained in a preliminary prospectus, offering circular, or official statement relating to the bond issue. Bonds may not be issued under this chapter 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 the committee, that the project revenue 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 revenue 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.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 3. Projects; Bonds. › Sec. 30.17.220. 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, 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 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 appropriate judicial 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 other matters that affect the security or protection of the bonds.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 3. Projects; Bonds. › Sec. 30.17.230. Validity of pledge.

(a) It is the intent of the legislature that a pledge made in respect of bonds issued under this chapter is perfected, valid, and binding from the time the pledge is made; that the money or property so pledged and thereafter received by the 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.
(b) 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 17. Adak Reuse Authority › Article 3. Projects; Bonds. › Sec. 30.17.240. Nonliability on bonds.

(a) Neither the members of the authority nor a person executing the bonds are liable personally on the bonds issued by the authority or are subject to personal liability or accountability by reason of the issuance of the bonds.
(b) The bonds issued by the 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, 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) The authority shall print the language of (b) of this section in substantial form on the face of all bonds issued 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 17. Adak Reuse Authority › Article 3. Projects; Bonds. › Sec. 30.17.250. 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 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 may 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 17. Adak Reuse Authority › Article 3. Projects; Bonds. › Sec. 30.17.260. Exemption from taxation.

(a) The real and personal property of the authority and its assets, income, and receipts are declared to be the property of a political subdivision of the state and are exempt from taxes and special assessments of the state or a political subdivision of the state. Bonds of the 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, 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.
(b) This section does not affect or limit 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 17. Adak Reuse Authority › Article 3. Projects; Bonds. › Sec. 30.17.270. Bonds legal investments for fiduciaries.

The bonds of the authority are securities in which public officers and bodies of the state; municipalities and municipal subdivisions; insurance companies and associations and other persons carrying on an insurance business; banks, bankers, trust companies, savings banks, savings associations, including savings and loan associations and building and loan associations, investment companies, and other persons carrying on banking business; administrators, guardians, executors, trustees, and other fiduciaries; and 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 the authority are also securities that may be deposited with and may be received by public officers and bodies of the state and 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 17. Adak Reuse Authority › Article 4. Miscellaneous Provisions. › Sec. 30.17.300. Audit.

The legislative auditor shall audit or shall cause to have audited annually the financial records of the authority. The legislative auditor may prescribe the form and content of the financial records of the authority and shall have access to these records at reasonable times.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 4. Miscellaneous Provisions. › Sec. 30.17.310. Equal use and access.

If the 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 the 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 this section. A written finding signed by a majority of the authority members complies with the provisions of this section and shall constitute a conclusive presumption of compliance.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 4. Miscellaneous Provisions. › Sec. 30.17.320. Succession.

The authority is dissolved one year after the date of incorporation of a municipality, other than a second class city, that has an area coterminous with or inclusive of the area formerly encompassed by the Adak Naval Air Facility. Upon dissolution of the authority, the municipality succeeds to the assets and liabilities of the authority and succeeds to the rights, powers, and duties of the authority under contracts to which the authority is a party on the date of dissolution. Except for this section, this chapter is not applicable to a municipality that succeeds the authority.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 4. Miscellaneous Provisions. › Sec. 30.17.330. Purchase of project and leases.

(a) This chapter does not prevent the inclusion in a lease or other agreement relating to a project of a provision granting the right to purchase the project, or to renew or extend the lease or agreement, upon the terms and conditions that may be provided for in the lease or agreement.
(b) A lease with respect to a project may provide for two or more lessees with the legal relationship between themselves and the authority that the authority may approve, including provisions to the effect that the obligations of the lessees under the lease for payment of rental or otherwise between themselves and the authority are several, joint, or joint and several and that the lessees lease the project as tenants-in-common, or otherwise.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 4. Miscellaneous Provisions. › Sec. 30.17.340. Conflicts of interest.

(a) A member of the authority may not vote on a matter relating to a lease or contract entered into or to be entered into by the authority under this chapter if the member is a party to the lease or contract or has a direct ownership or equity interest in a firm, partnership, corporation, or association that may be a party to the contract or lease. A matter relating to a lease or contract that is approved by a majority of the members who are not barred from voting under this section is a valid action of the authority for all purposes.
(b) Members of the authority are subject to AS 39.52 (Alaska Executive Branch Ethics Act).
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 4. Miscellaneous Provisions. › Sec. 30.17.350. Operation of certain statutes excepted.

(a) The authority may not be considered to be or constitute (1) a political subdivision of the state as the term is used in AS 37.10.085, (2) a municipal corporation or political subdivision of the state as the terms are used in AS 29, or (3) except as provided in AS 30.17.360, a state agency as the term is used in AS 37, but for all other purposes the authority constitutes a political subdivision and an instrumentality of the state as provided in this chapter.
(b) The funds, income, or receipts of the authority may not be considered to be or constitute money of the state, nor may real property in which the authority has an interest be considered land owned in fee by the state or to which the state may become entitled or in any way land belonging to the state, or state land referred to in art. VIII, Constitution of the State of Alaska.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 4. Miscellaneous Provisions. › Sec. 30.17.360. Compliance with Executive Budget Act; finances.

(a) The operating budget of the authority is subject to AS 37.07 (Executive Budget Act).
(b) To further ensure effective budgetary decision making by the legislature, the authority shall
(1) annually review the authority's assets to determine whether assets of the authority exceed an amount required to fulfill the purposes of the authority as defined in this chapter; in making its review, the members of the authority shall determine whether, and to what extent, assets in excess of the amount required to fulfill the purposes of the authority during at least the next fiscal year are available without
(A) breaching an agreement entered into by the authority;
(B) materially impairing the operations or financial integrity of the authority; or
(C) materially affecting the ability of the authority to fulfill the authority's purposes; and
(2) present to the legislature by January 10 of each year a complete accounting of all assets of the authority and a report of the review and determination made under (1) of this subsection; the accounting shall be audited by the auditor who conducts the audit required by AS 30.17.300, including income earned on assets of the authority during that period.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 4. Miscellaneous Provisions. › Sec. 30.17.370. Reports and publications.

By January 10 of each year, the authority shall publish a report for distribution to the governor, legislature, and the public. The authority shall notify the legislature that the report is available. The report shall be written in easily understandable language. The report must include a financial statement audited by an independent outside auditor, a statement of the authority's investments under this chapter, including an appraisal of the investments at market value, a comparison of the authority's performance with the goals of the authority, and other information the members of the authority believe would be of interest to the governor, the legislature, and the public. The annual income statement and balance sheet of the authority shall be published in at least one newspaper circulating in each judicial district. The authority may also publish other reports it considers desirable to carry out its purposes.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 17. Adak Reuse Authority › Article 5. General Provisions. › Sec. 30.17.900. Definitions.

In this chapter,
(1) “authority” means the Adak Reuse Authority created by this chapter;
(2) “bonds” means bonds or other obligations issued under this chapter;
(3) “business enterprise” means a single proprietorship, cooperative, corporation, firm, partnership, or other association of persons organized in any manner, for any creditworthy business purpose;
(4) “facility” means real property, whether above or below mean high water, or an interest in it, and the buildings, improvements, and structures constructed or to be constructed on or in it, and may include fixtures, machinery, and equipment on it or in it, and tangible personal property, regardless of whether the tangible personal property is attached to or connected with real property, if the owner has agreed not to remove the tangible personal property permanently from the state for the period the authority sets; “facility” does not include work in process or stock in trade;
(5) “federal agency” means the United States and any officer, department, agency, or instrumentality of the United States;
(6) “lease” includes, when used as a noun, an interest in, or, when used as a verb, the transfer of an interest in, property less than fee simple title, including, when used as a noun, agreements to use or occupy property;
(7) “person” includes a corporation, company, partnership, firm, association, organization, business trust, society, state or agency or subdivision of the state, municipality of the state, and a resource development authority, as well as a natural person;
(8) “project” means
(A) a facility used or intended for use in connection with making, processing, preparing, transporting, or producing goods, products, or substances of any kind or nature or in connection with developing or using a natural resource, or extracting, smelting, transporting, converting, assembling, or producing minerals, raw materials, chemicals, compounds, alloys, fibers, commodities and materials, products, or substances of any kind or nature;
(B) a facility used or intended for use in connection with a business enterprise;
(C) commercial activity by a small enterprise;
(D) a facility demonstrating technological advances of new methods and procedures and prototype commercial applications for the exploration, development, production, transportation, conversion, and use of energy resources;
(E) infrastructure for a new tourism destination facility or for the expansion of a tourism destination facility;
(F) a facility, other than a facility described in (D) of this paragraph, for the generation, transmission, development, transportation, conversion, or use of energy resources;
(9) “project applicant” means a business enterprise or enterprises proposing to
(A) use or occupy a project; or
(B) agree to permit others to use or occupy a project;
(10) “real property” means land and rights and interests in land, including interests less than full title such as easements, uses, leases, and licenses.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.010. Abandonment of vessel unlawful.

(a) A person may not store or leave a derelict vessel
(1) on the waters of the state or on state or municipal property without the consent of the state agency or municipality having jurisdiction over the water or property; or
(2) at any private property without the consent of the owner of the property.
(b) Except as provided under AS 30.30.110 - 30.30.150, a state agency, municipality, or peace officer may impound a derelict vessel subject to this chapter.
(c) This section may not be construed to contravene any applicable federal law or regulation.
(d) [Repealed, § 34 ch 111 SLA 2018.]
(e) The department or a municipality may report a violation of this section to the attorney general, who may institute the proper proceedings to enforce the criminal penalties provided in (f) of this section.
(f) A person who violates this section, upon conviction, is guilty of a misdemeanor and is punishable by one or more of the following:
(1) a fine of not less than $5,000 or more than $10,000;
(2) imprisonment for a period of not more than 90 days;
(3) forfeiture of the person's vessel.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.015. Civil penalties.

(a) The department, a municipality, or an aggrieved person may institute a civil action against a person who violates AS 30.30.010. In addition to injunctive and compensatory relief, a civil penalty of not more than $1,000 may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding that a person has violated AS 30.30.010, the superior court may grant the injunction. Each day that a violation occurs constitutes a separate violation.
(b) The department may provide for the payment of a civil penalty under this section by mail.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.030. Limitation on applicability.

A vessel does not constitute a derelict vessel under this chapter if the
(1) department provides written authorization for the owner to anchor, moor, store, or otherwise leave the vessel within 14 days after the owner anchors, moors, stores, or leaves the vessel; and
(2) vessel is anchored, moored, stored, or otherwise left unattended for more than 14 days
(A) outside of an organized municipality where it is the custom, common, or accepted practice to anchor, moor, store, or otherwise leave a vessel in a port or harbor or in waters of the state;
(B) because climatic conditions make use of the vessel impracticable; or
(C) because other applicable provisions of law prohibit use of the vessel during that period of time.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.040. Pre-impoundment notice and hearing.

(a) Except as otherwise provided in this chapter, at least 20 days before impounding a vessel, the state agency or municipality responsible for impounding the vessel shall post a written notice on the vessel , if possible, and on the Alaska Online Public Notice System or the municipality's official website. A copy of that notice must be sent by certified mail, with a return receipt, to the owner of the vessel at the owner's last known address or the address on record with the United States Coast Guard or the Department of Administration and to all lienholders shown on the records of the United States Coast Guard or a state agency.
(b) The notice must contain the
(1) name or number of the vessel, if known;
(2) name and address of the owner, if known;
(3) intended action against the vessel; and
(4) hearing procedure under (c) of this section.
(c) Except as provided in AS 30.30.065, the owner of a vessel may file a written demand for a pre-impoundment hearing with the state agency or municipality that sent the notice within 15 days after the postmark date of the notice required under (a) of this section. If the written demand is made by a person who is not the owner of the vessel, the written demand must establish that the person requesting the hearing has an interest in the vessel. An owner or a person with a financial or security interest in a vessel who fails to request or attend a scheduled hearing waives the right to a hearing.
(d) A pre-impoundment hearing must be conducted within 10 business days after the receipt of a written demand for a pre-impoundment hearing unless the person requesting the hearing consents to a later date.
(e) An individual who has authority to direct the impoundment of a vessel at issue in a pre-impoundment hearing may not serve as the hearing officer. The hearing shall be conducted in an informal manner. The provisions of AS 44.62 (Administrative Procedure Act) do not apply to a hearing conducted under this section.
(f) The state agency or municipality responsible for impounding a vessel has the burden of showing substantial evidence that the vessel is derelict. After the hearing, the hearing officer shall issue a written decision of whether there is substantial evidence that the vessel is derelict. A copy of the decision shall be provided to the vessel owner and the person requesting the hearing, if other than the vessel owner.
(g) If the hearing officer determines that there is substantial evidence establishing that the vessel is derelict, then the state agency or municipality may impound the vessel and proceed with disposition of the vessel as provided under AS 30.30.055.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.045. Notice of disposition of derelict vessel.

(a) After impounding a derelict vessel, the state agency or municipality shall post a notice of disposition on the Alaska Online Public Notice System or the municipality's website and, if possible, on the vessel itself at least 20 days before disposing of the vessel.
(b) A duplicate of the notice must be served by certified mail, return receipt requested, on
(1) the owner of the vessel, if known, at the address on record with the United States Coast Guard or the Department of Administration; and
(2) all lienholders who have filed a financing statement indexed in the name of the owner or who are shown on the records of a state agency or the United States Coast Guard.
(c) The notice of disposition must include
(1) a description of the vessel;
(2) the name or number of the vessel, if known;
(3) the name and address of the owner, if known;
(4) the location of the vessel;
(5) the means of disposition; and
(6) the location, date, and time of a public auction if an auction will be held to dispose of the vessel.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.055. Impoundment and disposition of derelict vessel.

(a) A state agency or municipality may impound a derelict vessel by
(1) securing the vessel in place;
(2) towing or sailing the vessel to a secure mooring in a location that is authorized by the state agency or municipality; or
(3) removing the vessel from the water and placing it in storage.
(b) The state agency or municipality that impounds a vessel may sell, donate, or destroy the vessel if the vessel is not repossessed by the owner or a person with a financial or security interest in the vessel within 20 days after the postmark date of the notice mailed under AS 30.30.045(a). The sale of a vessel may be by public auction or by sealed bids or, if no bids are received, by negotiated sale.
(c) A state agency or municipality may, by regulation or ordinance, adopt sale or disposal methods that are consistent with the provisions of this chapter.
(d) A state agency or municipality shall apply the proceeds from the sale of a vessel under this chapter in the following order:
(1) to the administrative costs associated with impounding the vessel;
(2) to the costs of towing, handling, and storing the vessel;
(3) to the administrative costs of conducting the sale;
(4) to a lienholder to the extent of the lien;
(5) to the owner of the vessel if the owner can be found; if the owner cannot be found, the balance shall be deposited into the derelict vessel prevention program fund under AS 30.30.096.
(e) A state agency or municipality shall disperse the proceeds of the sale of a vessel at a public auction under federal law in accordance with federal law.
(f) The state agency or municipality or its designees, employees, or agents are not liable for the disposition of a vessel to the owner, operator, or any lienholder of the vessel.
(g) The transfer of title and interest by sale under this section is a transfer by operation of law. However, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.060. Possession by interested party.

An owner or a person having a financial or security interest in a derelict vessel may take possession of it before the date of the public auction, destruction, or donation of the vessel upon payment to the state agency or municipality of all port or harbor use fees, towing, handling, storage, appraisal, advertising, and any other expenses incurred by the state agency or municipality in connection with the vessel.