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2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 4. Public Records; Investigations. › Sec. 42.08.400. Public records.

(a) Except as provided in (b) and (c) of this section or prohibited from disclosure under state or federal law, records in the possession of the commission are open to public inspection at reasonable times.
(b) The commission may by regulation classify records received from an in-state natural gas pipeline carrier or in-state natural gas pipeline as privileged records that are not open to the public for inspection.
(c) A record filed with the commission that is a precedent agreement between an in-state natural gas pipeline carrier and an unregulated entity is a privileged record that is not open to the public for inspection. For a record that relates to a precedent agreement, or is or relates to a contract other than a precedent agreement between an in-state natural gas pipeline carrier and an unregulated entity, if an in-state natural gas pipeline carrier identifies the provisions of the record that contain information that, if disclosed, could adversely affect the competitive position of the shipper or could cause commercial or competitive harm or damage if disclosed and the commission agrees, the information shall be treated by the commission as confidential.
(d) A person may make written objection to the public disclosure of information contained in a record filed under this chapter or of information obtained by the commission or by the attorney general under this chapter, stating the grounds for the objection. When an objection is made, the commission shall order the information withheld from public disclosure if the information adversely affects the interest of the person making written objection and disclosure is not required in the interest of the public.
(e) A commissioner may certify as to all official records of the commission under this section and may certify as to all official acts of the commission under this chapter.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 4. Public Records; Investigations. › Sec. 42.08.410. Investigations.

The commission may investigate any matter for which an investigation is authorized under this chapter. An investigation may be public, nonpublic, or both. In conducting an investigation, the commission may compel the attendance and testimony of witnesses and the production of records and testimony before the commission or its designee. In the course of an investigation, the commission may, subject to AS 44.23.020(e), exclude from attendance at the taking of investigative testimony all persons except a person compelled to attend, that person's attorney, members of the commission or the commission's staff, and a person authorized to transcribe the proceedings. In conducting an investigation related to a timely filed dispute, the commission shall issue a final order within 150 days after the date the formal complaint was filed with the commission, except for disputes related to open seasons, in which case, a final order must be issued within 60 days. If the commission has not acted within the applicable time period in this section, the dispute shall be considered to have been dismissed with prejudice.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 5. Accounts, Records, and Reports. › Sec. 42.08.440. Uniform system of accounts.

An in-state natural gas pipeline carrier operating under this chapter shall maintain its records and accounts in accordance with the uniform system of accounts for class A natural gas pipelines in 18 C.F.R. 201 (Federal Energy Regulatory Commission), as amended.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 6. General Provisions. › Sec. 42.08.510. Designation of service agents.

An in-state natural gas pipeline carrier shall file with the commission a written appointment of a named permanent resident, which may be a corporation, of this state as its registered agent in this state on whom service of all notices, regulations, and requests of the commission may be made. The appointment shall specify the address in this state of the appointed agent. The address may be changed from time to time by filing a new address in the state with the commission. If an in-state natural gas pipeline carrier fails to appoint a registered agent, service of notices, regulations, and requests may be made by posting a copy in the main office of the commission and filing a copy in the office of the lieutenant governor.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 6. General Provisions. › Sec. 42.08.530. Judicial review and enforcement.

(a) Except as provided in AS 38.35.200(c), a final order of the commission under this chapter is subject to judicial review under AS 44.62.560 and 44.62.570.
(b) If an appeal is not taken from a final order of the commission within 10 calendar days after an investigation under AS 42.08.220(b)(3), the commission may apply to the superior court for enforcement of the order of the commission. The court shall enforce the order by injunction or other process.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 6. General Provisions. › Sec. 42.08.900. Definitions.

In this chapter,
(1) “affiliated” or “affiliated interest,” with respect to an in-state natural gas pipeline carrier, means any person that
(A) is controlled or owned, in whole or in part, by the in-state natural gas pipeline carrier;
(B) is controlled or owned, in whole or in part, by an entity that controls or owns, in whole or in part, the in-state natural gas pipeline carrier; or
(C) controls or owns, in whole or in part, the in-state natural gas pipeline carrier;
(2) “commission” means the Regulatory Commission of Alaska created under AS 42.04.010;
(3) “commissioner” means a member of the commission;
(4) “firm transportation service” means service by a natural gas pipeline carrier that is not subject to a prior claim by another shipper or another class of service; service constitutes “firm transportation service” if the service receives the same priority as any other class of firm transportation service;
(5) “in-state natural gas pipeline” or “in-state natural gas pipeline facility” means a natural gas pipeline that transports or will transport natural gas in the state by way of contract carriage;
(6) “in-state natural gas pipeline carrier” means the owner, including a corporation, company, or other entity organized under the laws of the United States or of any state, of an in-state natural gas pipeline or an interest in it, or a person, including a corporation, company, or other entity organized under the laws of the United States or of any state, that transports or will transport natural gas as a contract carrier;
(7) “natural gas pipeline” has the meaning given in AS 31.25.390;
(8) “precedent agreement” means a contractual commitment, including a presubscription agreement, to acquire firm transportation capacity, executed between an in-state natural gas pipeline carrier and another person, that establishes the rates, terms, and conditions for service;
(9) “record” means a report, file, book, account, paper, or application and the facts and information contained in it.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 1. Ownership. › Sec. 42.20.010. Establishment by foreigners prohibited.

Cable lines owned or operated or controlled by persons not citizens of the United States, or by any foreign corporation or government, may not be established in or permitted to enter the state.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 2. Offenses Relating to Utilities. › Sec. 42.20.030. Civil liability for taking utility service and for damages to or interference with a utility line.

(a) A person is civilly liable to the utility whose property is damaged in a sum equal to three times the amount of the actual damages sustained and three times the value of the service taken if the person intentionally or in the exercise of gross negligence
(1) damages a pole, tree, pipeline, or other object used in a utility line;
(2) damages an insulator in use in the line or damages or removes from its insulator any wire used in a utility line;
(3) damages the insulation of the line or interrupts the transmission of the service through it or damages the protective wrapping of a water, oil, or gas pipeline;
(4) damages property or materials belonging to a utility;
(5) interferes with the use of a utility line, or obstructs or postpones the transmission of service over a utility line;
(6) procures or advises damage to any utility line;
(7) interferes with or alters a meter or other device for the measuring of service from a utility; or
(8) without the permission of the utility takes service from the utility or taps a wire or line used for the transmission of service or procures or advises this to be done.
(b) A person is civilly liable to the utility whose property is negligently damaged under (a)(1), (2), (3), (4), or (5) of this section in a sum equal to the amount of the damages sustained.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 2. Offenses Relating to Utilities. › Sec. 42.20.032. Presumption from use of unmetered utility service.

It is presumed that a person intended to deprive a utility of compensation for service from the utility if
(1) the person possesses or has access to a utility service metering device that is being used to meter utility service and has been interfered with, avoided, or altered to inhibit or prevent the accurate measurement of utility service without the permission of the utility or the person has access to a utility line that has been tapped without the permission of the utility; and
(2) the person enjoys the use or receives the economic benefit of the unmetered utility service.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 2. Offenses Relating to Utilities. › Sec. 42.20.038. Definitions.

In AS 42.20.030 - 42.20.038,
(1) “service” means a commodity, product, use, facility, convenience, or other form of service that is offered and provided by a utility;
(2) “utility” means an enterprise, whether publicly or privately owned or operated, that provides gas, electric, steam, water, sewer, or telecommunications service.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 2. Offenses Relating to Utilities. › Sec. 42.20.040. Removal of instrument or meter or disconnecting of wire.

An agent or employee of a telephone or electric light company may not remove any instrument or meter or disconnect any wire connected to the instrument or meter without notifying the owner, agent, or tenant of the building or room where the instrument or meter is installed. A notice in writing of the intention to remove the instrument or meter or to disconnect a wire is sufficient if delivered to the owner, agent, or tenant of the building or room before removal or disconnection, or in case of the absence of the owner, agent, or tenant, either by depositing the notice in the post office with postage prepaid, or by posting in a conspicuous place upon the building or room 24 hours before removal or disconnection. An agent or employee of a telephone or electric light company may not enter a building or room to examine, remove, or disconnect an instrument or meter without first announcing the agent's or employee's presence to the occupant. A person violating this section is guilty of a misdemeanor, and upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 30 days, or by both.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 3. Emergency Calls on Party Lines. › Sec. 42.20.120. Refusal to yield to emergency calls; penalties.

A person who wilfully refuses to yield or surrender the use of a party line to another person for the purpose of permitting the other person to report a fire or summon police, medical, or other aid in case of emergency, is guilty of a misdemeanor and is punishable by a fine of not less than $50 nor more than $500, or by imprisonment for not more than 30 days, or by both.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 3. Emergency Calls on Party Lines. › Sec. 42.20.130. Pretext of emergency.

A person who asks for or requests the use of a party line on pretext that an emergency exists, knowing that no emergency in fact exists, is guilty of a misdemeanor and is punishable by a fine of not less than $50 nor more than $500 or by imprisonment for not more than 30 days, or by both.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 3. Emergency Calls on Party Lines. › Sec. 42.20.140. Publication in telephone directory.

Every telephone directory published for distribution to the members of the general public must contain a notice that explains AS 42.20.120 - 42.20.150. The notice must be printed in type that is no smaller than any other type on the same page and must be preceded by the word “warning.” This section does not apply to directories distributed solely for business advertising purposes, commonly known as classified directories.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 3. Emergency Calls on Party Lines. › Sec. 42.20.150. Definitions.

In AS 42.20.120 - 42.20.150,
(1) “emergency” means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential;
(2) “party line” means a subscriber's line telephone circuit, consisting of two or more main telephone stations connected with it, each station with a distinctive ring or telephone number.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 4. Communications, Eavesdropping, and Wiretapping. › Sec. 42.20.300. Unauthorized publication or use of communications.

(a) Except for a party to a private conversation, a person who receives or assists in receiving, or who transmits or assists in transmitting, a private communication may not divulge or publish the existence, contents, substance, purport, effect, or meaning of the communication, except through authorized channels of transmission or reception
(1) to the addressee or the agent or attorney of the addressee;
(2) to a person employed or authorized to forward a communication to its destination;
(3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed;
(4) to the master of a ship under whom the person is serving;
(5) to another on demand of lawful authority; or
(6) in response to a subpoena issued or order entered by a court of competent jurisdiction.
(b) Except as provided in AS 12.37, a person not authorized by a party to the communication may not intentionally intercept a private communication or divulge or publish the existence, contents, substance, purport, effect, or meaning of the intercepted communication to any person.
(c) A person who is not entitled to a communication but who has received the communication may not use it or any information contained in it for personal benefit or another's benefit.
(d) A person who has received a communication and who knows or reasonably should know that the communication and the information contained in it was obtained in violation of this section may not divulge or publish the existence, contents, substance, purport, effect, or meaning of the communication or any part of the communication.
(e) A person who has become acquainted with a communication or the information contained in it, and who is not entitled to the communication, may not use the same for personal benefit or another's benefit, or divulge or publish the existence, contents, substance, purport, effect, or meaning of the communication or any part of the communication.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 4. Communications, Eavesdropping, and Wiretapping. › Sec. 42.20.310. Eavesdropping.

(a) A person may not
(1) use an eavesdropping device to hear or record all or any part of an oral conversation without the consent of a party to the conversation;
(2) use or divulge any information which the person knows or reasonably should know was obtained through the illegal use of an eavesdropping device for personal benefit or another's benefit;
(3) publish the existence, contents, substance, purport, effect, or meaning of any conversation the person has heard through the illegal use of an eavesdropping device;
(4) divulge, or publish the existence, contents, substance, purport, effect, or meaning of any conversation the person has become acquainted with after the person knows or reasonably should know that the conversation and the information contained in the conversation was obtained through the illegal use of an eavesdropping device.
(b) In this section “eavesdropping device” means any device capable of being used to hear or record oral conversation whether the conversation is conducted in person, by telephone, or by any other means; provided that this definition does not include devices used for the restoration of the deaf or hard-of-hearing to normal or partial hearing.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 4. Communications, Eavesdropping, and Wiretapping. › Sec. 42.20.325. Duty to report.

A person who is an employee of a communications common carrier or of an electronic communication service or of a private investigation agency, and has knowledge of the probable occurrence of conduct that violates a provision of AS 42.20.300 or 42.20.310 shall report the conduct, in writing, to the commissioner of public safety within 30 days after learning of the conduct.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping › Article 4. Communications, Eavesdropping, and Wiretapping. › Sec. 42.20.330. Penalty.

A person who violates any of the provisions of AS 42.20.300 and 42.20.310 is guilty of a class A misdemeanor.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 1. Rights and Obligations of Public Utilities Operating in Cities. › Sec. 42.30.010. Use of streets and public places.

A person may not use the streets, alleys, or other public places of a city for public service except under AS 42.30.010 - 42.30.050. AS 42.30.010 - 42.30.050 do not apply to or affect a franchise granted before August 2, 1923, and may not be construed to legalize a franchise claimed to have been granted by a city.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 1. Rights and Obligations of Public Utilities Operating in Cities. › Sec. 42.30.020. Duty to serve without discrimination and adopt regulations.

(a) Every person operating a public service plant or undertaking wholly or partially in a city for the furnishing of telephone service, water, power, lighterage, wharfage, dockage, storage, heat or light or kindred public service shall serve everybody alike without discrimination, and without denial, except for good and sufficient cause. Every person undertaking to supply this public service shall adopt reasonable rules and regulations for the conduct of the business and the operation of the public service plant. The rules and rates of charges for service shall be given fair and reasonable publicity.
(b) A person operating a public service plant may not furnish the service cheaper than at rates lawfully established by charter, city ordinance, or otherwise, or grant or give a rebate from any sum due, owing, or earned for the service.
(c) A person violating this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1000, or by imprisonment for not more than 90 days, or by both.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 1. Rights and Obligations of Public Utilities Operating in Cities. › Sec. 42.30.030. Books of account.

Every person installing, operating, or maintaining a public service plant for the purpose of supplying the city or the inhabitants of the city with telephone service, water, power, lighterage, wharfage, dockage, storage, heat, or light, or rendering other kindred public service shall keep correct books of account in permanent convenient form showing in detail the volume of business done, the character of the business done, the quantity and kind of service rendered, rates charged, and all expenses incurred in connection with the operation of the enterprise, showing the items of expense in detail. The books shall be open to inspection by the mayor and the city council and by an accredited agent, auditor, or representative appointed by the mayor and city council.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 1. Rights and Obligations of Public Utilities Operating in Cities. › Sec. 42.30.040. Annual statement.

(a) During April of each year, each person engaged in furnishing a public service, except a rural electrification or telephone cooperative or nonprofit association receiving financial assistance from the federal government under 7 U.S.C. 901 - 918c (Rural Electrification Act), shall file with the city council a written statement under oath, sworn to by the person having the management and control of the business or other person familiar with all the facts. The statement must contain a detailed list of all property used in connection with the enterprise and give the valuation of each piece of property listed. It must also contain a statement of the receipts and disbursements during the year, and the profits or losses. The statement of disbursements must show to whom each item was paid and what for. The statement shall be for the calendar year preceding and shall be for the use of the city council.
(b) The city council is not bound by the statement but may inquire into its truth.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 1. Rights and Obligations of Public Utilities Operating in Cities. › Sec. 42.30.050. Penalty for failure to file annual report.

A person, firm, or corporation operating a public service plant or public utility, who wilfully fails, refuses, or neglects to file the report required by AS 42.30.040 within the time specified is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1,000.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 2. Transportation of Explosives. › Sec. 42.30.060. Prohibition of explosives on vessels or vehicles carrying passengers.

A person may not transport, carry, or convey dynamite, gunpowder, nitroglycerine, naphtha, benzine, gasoline, crude or refined petroleum, or similar explosive burning fluid, or similar dangerous article on a vessel or vehicle operating in the state, or on the waters of the state, when the vessel or vehicle is carrying passengers for hire. Refined petroleum may be carried on a vessel or vehicle if it is put in good iron-bound casks, barrels, or boxes, in metallic cans, or vessels carefully packed in boxes and if it will not ignite at a temperature of less than 110 degrees Fahrenheit. Each cask, barrel, or box shall be plainly marked upon its head with the name of the manufacturer, the name of the article, and the temperature at which it will ignite. The empty containers in which the refined oil is carried may be returned to the place of shipment by the vessel or vehicle which transported it.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 2. Transportation of Explosives. › Sec. 42.30.070. Marking packages containing explosives.

The contents of every package containing an explosive or other dangerous article when presented to the master, conductor, or proprietor of a vessel or vehicle for shipment shall be plainly marked on the outside. A person may not deliver, or have delivered, to a vessel or vehicle engaged in commerce by land or water in the state, or carry upon the vessel or vehicle, an explosive or other dangerous article under false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of the carrier of its character at or before the time delivery or carriage is made.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 2. Transportation of Explosives. › Sec. 42.30.080. Penalty for violation.

A person who knowingly violates AS 42.30.060 or 42.30.070 is guilty of a misdemeanor, and is punishable by a fine of not more than $2,000, or by imprisonment for not more than 18 months, or by both.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 2. Transportation of Explosives. › Sec. 42.30.090. Penalty for violation causing death or injury.

When death or bodily injury is caused by the explosion of an article referred to in AS 42.30.060 - 42.30.100 while it is being placed on a vessel or vehicle for transportation in violation of AS 42.30.060 - 42.30.100, or while it is being transported or removed from a vessel or vehicle, the person knowingly placing, or aiding, or permitting the placing of the article upon the vessel or vehicle, upon conviction, is punishable by imprisonment for not less than one year nor more than 10 years.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 2. Transportation of Explosives. › Sec. 42.30.100. Transportation of motor fuel not prohibited.

Nothing in AS 42.30.060 - 42.30.090 prohibits the transportation of gasoline or petroleum products on a motorboat or vessel for use as a source of motive power on the motorboat or vessel.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 3. Safety Regulations Governing Transportation of Passengers in Vehicles. › Sec. 42.30.110. Escape doorway.

A person engaged in business in the state as a common carrier may not use in the transportation of passengers on land a bus or other closed vehicle unless it has at least one escape doorway other than at the main entrance. The escape door shall be located at the rear of the vehicle or on the side opposite the regular entrance, and shall be kept and maintained in working order and free of obstacles without locks at all times when passengers are being carried. AS 42.30.110 - 42.30.140 do not apply to vehicles now in use in the state on March 14, 1949.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 3. Safety Regulations Governing Transportation of Passengers in Vehicles. › Sec. 42.30.120. Standing passengers.

Every passenger bus operating as a common carrier may transport standing passengers in numbers that do not endanger the safe operation of the bus. A passenger bus operating as a common carrier on a route exceeding 15 miles from the center of a municipality may not carry standing passengers greater than 25 percent of the rated seating capacity of the bus.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 3. Safety Regulations Governing Transportation of Passengers in Vehicles. › Sec. 42.30.130. Enforcement.

The Department of Public Safety and every peace officer and municipal law enforcement agency shall enforce AS 42.30.110 - 42.30.140.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 3. Safety Regulations Governing Transportation of Passengers in Vehicles. › Sec. 42.30.140. Penalties.

A person who violates AS 42.30.110 - 42.30.140, upon conviction, is punishable for each offense by a fine of not more than $300.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 4. Injury to Livestock by Railroads. › Sec. 42.30.150. Liability of railroad for injury to or death of livestock.

A person or the lessee or agent of a person owning or operating a railroad in the state is liable for the value of or injury to a horse, mule, colt, cow, bull, calf, hog, sheep, or other domesticated animal killed or injured upon or near an unfenced track of a railroad in the state, whenever the death or injury is caused by a moving train, engine, or car upon a track.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 4. Injury to Livestock by Railroads. › Sec. 42.30.160. When railroad track considered fenced.

A railroad track is not fenced within the meaning of AS 42.30.150 - 42.30.190 unless the track is guarded against the entrance of the livestock on either side and not more than 100 feet distant from the track by a fence constructed as required by law. Complete natural defenses against the entrance of stock, such as natural walls or deep ditches, are lawful fences within the meaning of AS 42.30.150 - 42.30.190 when they form, in connection with other legal fences, a continuous guard and defense against the entrance of livestock upon the track.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 4. Injury to Livestock by Railroads. › Sec. 42.30.170. Notice and filing of killing or injury.

Whenever livestock mentioned in AS 42.30.150 is killed or injured upon an unfenced railroad track, the person owning or operating the railroad, or that person's lessee or agent, or an authorized agent or employee, shall immediately have a notice of killing or injury filed by filing a concise description of the animal killed or injured, including brand, earmark, or other marks of ownership with the railroad agents at the two extremities of the section on which the killing or injury took place. If the animal is injured, the notice must describe the nature of the injury. The description shall be open to inspection at all reasonable hours of each week day for one month after the killing or injury.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 4. Injury to Livestock by Railroads. › Sec. 42.30.180. Penalty for failure to file notice.

A person who neglects or fails to file or have filed the notice provided for in AS 42.30.170 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $200 for each offense.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 4. Injury to Livestock by Railroads. › Sec. 42.30.190. Action for killing or injury.

In an action for the recovery of the value of livestock referred to in AS 42.30.150, proof of death or injury is conclusive evidence of negligence upon the part of the person or the person's lessee or agent owning or operating the railroad. Contributory negligence on the part of the plaintiff in the action is a defense. However, allowing stock to run at large upon common unfenced range or upon enclosed land owned or in possession of the owner is not contributory negligence. Proof of wilful intent on the part of the plaintiff to procure the death or injury of stock defeats the recovery of damages for death or injury.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 6. Locating Underground Facilities. › Sec. 42.30.400. Excavator's notice of proposed excavation.

(a) Before beginning an excavation, an excavator shall give notice of the proposed excavation to each underground facility operator who has an underground facility in the area of the proposed excavation and request the operator to field mark the location of its underground facility. The excavator shall notify an underground facility operator who subscribes to a notification center by giving notice to the center. The excavator shall notify an underground facility operator listed in the applicable telephone directory who is not a subscriber to a notification center by giving notice directly to the operator.
(b) Except in the case of an emergency locate request or a request to locate in a remote, unstaffed, or inaccessible location, the excavator shall notify an underground facility operator who may have a facility in the area of a proposed excavation at least two but not more than 15 working days before the date scheduled for beginning the excavation. In the case of a request to locate in a remote or unstaffed location, the excavator shall notify the operator at least 10 but not more than 20 working days before the scheduled date for beginning excavation.
(c) In an emergency, the excavator shall immediately notify each underground facility operator in the area of the emergency and of the need for the excavation and request prompt location of underground facilities.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 6. Locating Underground Facilities. › Sec. 42.30.420. Responsibility of construction project owners.

The owner of a construction project that will require excavation shall indicate in bid documents or contracts for construction the existence of underground facilities that the project owner knows are located inside of the proposed area of excavation. This requirement does not release the excavator from the excavator's responsibility under AS 42.30.400 - 42.30.490.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 6. Locating Underground Facilities. › Sec. 42.30.430. Obligations concerning the conduct of excavations.

(a) An excavator shall use reasonable care to avoid damaging an underground facility. The excavator shall
(1) determine, without damage to the facility, the precise location of an underground facility whose location has been marked;
(2) plan the excavation to avoid damage to and minimize interference with an underground facility in or near the excavation area; and
(3) to the extent necessary to protect a facility from damage, provide support for an underground facility in and near the construction area during the excavation.
(b) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the operator. If the damage causes an emergency, the excavator shall also alert appropriate local public safety agencies and take reasonable steps to ensure public safety. A damaged underground facility may not be reburied until it is repaired or relocated to the satisfaction of the operator. The operator of an underground facility that was damaged during excavation shall arrange for repair or relocation of the facility as soon as practical.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 6. Locating Underground Facilities. › Sec. 42.30.440. Penalties; injunctive relief.

(a) In addition to all other remedies provided by law, a person who violates a provision of AS 42.30.400 - 42.30.490 is subject to a civil penalty of not less than $50 nor more than $1,000 for each offense if the violation results in or significantly contributes to damage to an underground facility.
(b) If the court finds that an excavator is violating or threatening to violate a provision of AS 42.30.400 - 42.30.490 and the violation may result in damage to an underground facility, the court may grant injunctive relief to the underground facility operator.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 6. Locating Underground Facilities. › Sec. 42.30.450. Waiver of requirements by written agreement.

An operator and an excavator may, by written agreement, waive the requirements of AS 42.30.400 - 42.30.490 that the excavator notify the operator of planned excavations and that the operator locate underground facilities. The agreement must identify the geographic areas to which the waiver applies and the time period for which the waiver is valid.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 6. Locating Underground Facilities. › Sec. 42.30.460. Underground facility owner.

If the operator of an underground facility is not the owner of the facility and if the operator cannot be identified or has been identified but cannot be reached in a reasonable amount of time, the excavator may give the notice required by AS 42.30.400 - 42.30.490 to the owner of the underground facility and the owner shall assume the duties and responsibilities of the operator under AS 42.30.400 - 42.30.490.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers › Article 6. Locating Underground Facilities. › Sec. 42.30.490. Definitions.

In AS 42.30.400 - 42.30.490,
(1) “damage” means
(A) the substantial weakening of structural or lateral support of an underground facility;
(B) penetration, impairment, or destruction of any underground protective coating, housing, or other protective device; and
(C) the partial or complete severance of an underground facility to the extent that the project owner or facility operator determines that repairs are required;
(2) “emergency” means
(A) a condition that constitutes a clear and present danger to life, health, or property; or
(B) an unplanned service interruption;
(3) “excavation” means
(A) an activity in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means;
(B) road maintenance that changes the original road grade;
(C) demolition or movement of earth by equipment, tools, or explosive device except tilling of the soil less than 12 inches in depth for agricultural purposes;
(4) “excavator” means a person who conducts excavation in the state;
(5) “inaccessible” means impossible or unreasonably difficult to reach due to conditions beyond the control of the underground facility operator;
(6) “notification center” or “center” means a service through which a person is able to call one number to notify member operators of underground facilities that an excavation is proposed and to request the operators to mark facilities located inside of the proposed excavation area;
(7) “operator” means a person who supplies a service for commercial or public use by means of an underground facility;
(8) “person” means any individual, public or private corporation, political subdivision, government agency, municipality, industry, partnership, copartnership, association, firm, trust, estate, or any other entity whatsoever;
(9) “remote” means not accessible by road;
(10) “underground facility” means a pipe, sewer, conduit, cable, valve, line, or wire, including attachments and those parts of poles or anchors that are below ground, for use in connection with the storage or conveyance of water, sewage, telecommunications, cable television, electricity, petroleum, petroleum products, hazardous liquids, or flammable, toxic, or corrosive gas;
(11) “unstaffed” means not normally staffed with employees;
(12) “working day” means a day on which an underground facility operator is open for regular business.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 1. Establishment and Organization. › Sec. 42.40.010. Establishment of the corporation.

There is established the Alaska Railroad Corporation. The corporation is a public corporation and is an instrumentality of the state within the Department of Commerce, Community, and Economic Development. The corporation has a legal existence independent of and separate from the state. The continued operation of the Alaska Railroad by the corporation as provided in this chapter is considered an essential government function of the state.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 1. Establishment and Organization. › Sec. 42.40.020. Board of directors.

(a) The powers of the corporation are vested in the board of directors. The board consists of the commissioner of commerce, community, and economic development, the commissioner of transportation and public facilities, and five members appointed by the governor. The five appointed members must be registered voters in the state except as provided in (1) and (2) of this subsection. Except for the commissioners and the member appointed under (5) of this subsection, a member may not be a state officer or employee. Appointed members shall have the following qualifications:
(1) one member of the board shall be a person who has at least 10 years of experience in railroad management; a person who is not a resident of the state may be appointed under this paragraph;
(2) one member of the board shall be or have been an executive official of a United States railroad and shall be selected in accordance with any requirements imposed under 49 U.S.C. (Interstate Commerce Act); a person who is not a resident of the state may be appointed under this paragraph;
(3) at least one member shall be from each judicial district directly served by the Alaska Railroad;
(4) one member shall have at least five years experience as an owner or manager of a business in the state;
(5) one member shall be an employee who is a member of a bargaining unit representing employees of the corporation.
(b) Except for the commissioners, the members of the board shall be confirmed by a majority of the members of the legislature in joint session. A member appointed by the governor has the full powers and responsibilities of a confirmed board member until the member is rejected by the legislature or the legislature adjourns without confirming the member.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 1. Establishment and Organization. › Sec. 42.40.040. Vacancies.

(a) Except for the commissioner of commerce, community, and economic development and the commissioner of transportation and public facilities, a vacancy on the board is filled by appointment by the governor, and the appointment must be confirmed by the members of the legislature in joint session. Except as provided in AS 39.05.080(4), a member appointed to fill a vacancy holds office for the balance of the term for which the member's predecessor was appointed.
(b) A vacancy on the board does not impair the authority of a quorum of members to exercise the powers and perform the duties of the board.
(c) A member of the board whose term has expired shall serve until a successor has been appointed.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 1. Establishment and Organization. › Sec. 42.40.050. Compensation and expenses.

(a) An appointed member of the board is entitled to compensation at a rate of $400 for each day the member is engaged in the actual performance of duties as a member of the board. The board may provide by rule for compensation for partial days during which an appointed member is engaged in actual performance of duties as a member of the board.
(b) In addition to compensation under (a) of this section, an appointed member of the board is entitled to per diem and travel expenses authorized by law for state boards and commissions.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 2. Management. › Sec. 42.40.100. Management by the board.

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