SB 313: "An Act relating to the international airports in Anchorage and Fairbanks and establishing the Alaska International Airport Authority; and providing for an effective date."
00SENATE BILL NO. 313 01 "An Act relating to the international airports in Anchorage and Fairbanks and 02 establishing the Alaska International Airport Authority; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. FINDINGS AND PURPOSE. (a) The Alaska State Legislature finds that the 06 state-owned and state-operated international airports at Anchorage and Fairbanks are critical 07 air transportation links between the Orient, Europe, and North America and are the major 08 points of access to Alaska for international and interstate air travelers. In order to protect and 09 maintain the viability and competitive position of the Anchorage and Fairbanks international 10 airports, it is in the best interest of the state to vest management of these airports in an 11 independent authority that can provide effective marketing of the airports; efficient, responsive, 12 and integrated management of the airports; and competitive services and facilities to users of 13 the airports. 14 (b) The purpose of this Act is to establish an authority for the operation, management,
01 planning, and construction of facilities for the state-owned and state-operated international 02 airports at Anchorage and Fairbanks. 03 * Sec. 2. AS 02 is amended by adding a new chapter to read: 04 CHAPTER 40. ALASKA INTERNATIONAL AIRPORT AUTHORITY. 05 ARTICLE 1. CREATION AND ORGANIZATION. 06 Sec. 02.40.010. ALASKA INTERNATIONAL AIRPORT AUTHORITY. (a) 07 The Alaska International Airport Authority is established as a public corporation of the 08 state. The corporation is an instrumentality of the state in the Department of 09 Transportation and Public Facilities but has a legal existence independent of and 10 separate from the state and has continuing succession until its existence is terminated 11 by law. 12 (b) The authority is the exclusive state agency responsible for the operation, 13 management, planning, marketing, construction, and maintenance of facilities for the 14 state-owned and state-operated international airports located at Anchorage and 15 Fairbanks. 16 (c) The powers of the authority are vested in the board of directors of the 17 authority. 18 Sec. 02.40.020. BOARD OF DIRECTORS. (a) The board of directors of the 19 authority consists of seven voting members appointed by the governor in accordance 20 with this section: 21 (1) two members who are residents of the Municipality of Anchorage; 22 (2) two members who are residents of the Fairbanks North Star 23 Borough; and 24 (3) three other members of whom at least two are residents of the state. 25 (b) The appointed members of the board described under (a) of this section 26 shall have appropriate and relevant experience in the management or operation of 27 airports or of aviation or related business enterprises, except that 28 (1) at least one member shall be a representative of a labor organization 29 that represents employees of the authority; 30 (2) at least one member shall have experience in the management of 31 scheduled airline service;
01 (3) at least one member shall have experience in general aviation in the 02 state; and 03 (4) at least one member shall have airport management experience at 04 an airport serving a community with a population of at least 60,000 persons. 05 (c) The commissioner of transportation and public facilities is a nonvoting, ex 06 officio member of the board. The commissioner may designate a person to serve on 07 the board in the commissioner's absence. 08 (d) The appointed members of the board serve for staggered terms of four 09 years. The terms of the appointed members begin on January 1. 10 (e) The appointed members of the board shall comply with the requirements 11 of AS 39.50 (conflict of interest). 12 (f) The appointed members of the board may neither be employed by the state, 13 including the University of Alaska, nor hold an elected state or municipal office. 14 Sec. 02.40.030. REMOVAL OF MEMBERS. The governor may remove an 15 appointed member of the board for cause, including incompetence, neglect of duty, or 16 misconduct in office. Before a member is removed for cause, the member shall be 17 given a copy of the charges and afforded an opportunity to publicly present a defense 18 in person or by counsel upon not less than 10 days' notice. If a member is removed 19 for cause, the governor shall file with the lieutenant governor a complete statement of 20 all charges made against the member and the governor's findings based on the charges, 21 together with a complete record of the proceedings. The governor may suspend a 22 member of the board pending a final action under this section. 23 Sec. 02.40.040. COMPENSATION AND EXPENSES. (a) A member of the 24 board, other than the commissioner and the commissioner's designee, is entitled to 25 compensation not to exceed $400 for each day the member is engaged in the actual 26 performance of duties as a member of the board for a maximum of 60 days in a 27 calendar year. The board may provide by rule for compensation for partial days 28 during which an appointed member is engaged in actual performance of duties as a 29 member of the board. 30 (b) In addition to compensation under (a) of this section, a member of the 31 board, other than the commissioner and the commissioner's designee, is entitled to per
01 diem and travel expenses authorized by law for state boards and commissions under 02 AS 39.20.180. 03 Sec. 02.40.050. MEETINGS. (a) The board shall hold at least four regular 04 meetings each year. The site of regular meetings shall rotate between Anchorage and 05 Fairbanks. 06 (b) The board may hold special meetings at the call of the chair or at the 07 request of three members of the board. 08 Sec. 02.40.060. OFFICERS AND QUORUM. (a) The board shall elect a 09 chair and a vice-chair from among its members. The chair of the board shall be an 10 appointed member of the board. A member of the board may not serve as chair for 11 two consecutive terms. The chairmanship of the board shall rotate between members 12 of the board appointed under AS 02.40.020(a)(1) and members of the board appointed 13 under AS 02.40.020(a)(2). The chair and vice-chair serve for a term of two years. 14 (b) The board shall elect a secretary who need not be a member. The 15 secretary serves at the pleasure of the board. 16 (c) Four members of the board constitute a quorum. Action may be taken and 17 motions and resolutions adopted by the board at a meeting by the affirmative vote of 18 at least four members of which at least one member must be a member appointed 19 under AS 02.40.020(a)(1) and at least one member must be a member appointed under 20 AS 02.40.020(a)(2). Members may not vote by proxy. A vacancy in the membership 21 of the board does not impair the right of a quorum to exercise all the powers and 22 perform all the duties of the board. 23 (d) Members may participate in meetings of the board by electronic means. 24 Sec. 02.40.070. STAFF. (a) The board shall employ a manager for the 25 Anchorage International Airport and a manager for the Fairbanks International Airport. 26 Airport managers shall be selected on the basis of education, experience, training, and 27 expertise in management of airports. Airport managers serve at the pleasure of the 28 board. Between meetings of the board, the airport managers shall report to the chair 29 of the board. 30 (b) The board shall employ officers and employees as necessary for the 31 efficient operation of the airports.
01 (c) The board may employ executive, administrative, fiscal, and legal officers 02 and employees as the board considers necessary for the efficient management of the 03 authority. The board shall seek to minimize unnecessary duplication of staff and 04 functions at airports operated by the authority. 05 Sec. 02.40.080. RULES AND EMERGENCY RULES. (a) The board shall 06 adopt rules to carry out its functions and the purposes of this chapter, including rules 07 to safeguard property owned by the authority and to protect employees and persons 08 using the authority's property or services. At least 15 days before the adoption of a 09 rule, the board shall give public notice of the proposed action by publishing a notice 10 in at least two newspapers of general circulation in the state and by mailing a copy of 11 the notice to each person who has requested notice of proposed changes to its rules. 12 The notice must state the time, place, and nature of the proceedings and must contain 13 a summary of the subject of the proposed rule. 14 (b) On the date and at the time and place designated in the notice required 15 under (a) of this section, the board shall provide each interested person an opportunity 16 to present statements in writing concerning the proposed rule and shall give members 17 of the public an opportunity to present oral statements for a minimum period of at least 18 one hour. 19 (c) The board shall consider all relevant matters presented to it before adopting 20 a rule. The board may take action on a rule that varies in content from the summary 21 provided with the notice of the proposed rule if the summary reflected the subject of 22 the rule in a way that provided reasonable notice to the public about whether the 23 authority's action on that subject could affect the public's interest. 24 (d) The board may adopt a rule on an emergency basis only when necessary 25 for the orderly operation of the authority's facilities or programs. The requirements 26 of (a) - (c) of this section do not apply to the adoption of an emergency rule under this 27 subsection. However, within 10 days after the adoption of an emergency rule, the 28 authority shall give notice of its action that substantially complies with the notice 29 requirements of this section. A rule adopted under this subsection remains in effect 30 for not more than 120 days. To prevent an emergency rule from lapsing, the board 31 may adopt the same rule under (a) - (c) of this section before the end of the 120-day
01 period. 02 (e) Failure to mail a notice to a person under (a) or (d) of this section does 03 not invalidate an action taken by the board. 04 (f) An interested person may challenge a rule adopted by the board by bringing 05 an action in the superior court. In addition to other grounds, a court may declare a 06 rule invalid 07 (1) for substantial failure by the authority to comply with this section; 08 or 09 (2) if the rule was adopted under (d) of this section, upon the ground 10 that the emergency rule was not necessary for the orderly operation of the authority's 11 facilities or programs. 12 ARTICLE 2. POWERS AND DUTIES. 13 Sec. 02.40.100. POWERS AND DUTIES OF AUTHORITY. (a) In addition 14 to other powers granted in this chapter, the authority may 15 (1) sue and be sued; 16 (2) adopt and alter an official seal; 17 (3) maintain an office in the state; 18 (4) acquire, hold, use, and dispose of its money, subject to 19 appropriation by the legislature; 20 (5) acquire, hold, use, lease, rent, construct, and dispose of property for 21 its purposes; 22 (6) issue revenue bonds in the amount authorized by law; and 23 (7) do all acts necessary to carry out this chapter that are not expressly 24 prohibited by law. 25 (b) The authority shall 26 (1) operate, manage, plan, improve, market, construct, and maintain the 27 facilities of the state-owned and state-operated international airports located at 28 Anchorage and Fairbanks; and 29 (2) adopt and enforce 30 (A) bylaws of the authority establishing procedures consistent 31 with AS 02.40.080 for the adoption of rules and emergency rules;
01 (B) rules for the conduct of its business and for the use of its 02 services and facilities; 03 (C) a code of ethics for its directors and employees that is 04 substantially equivalent to that in AS 39.52; 05 (D) personnel rules necessary to establish a system of personnel 06 administration substantially equivalent to the state personnel rules adopted 07 under AS 39. 08 Sec. 02.40.110. PUBLIC NATURE OF AUTHORITY ACTIVITIES. The 09 planning, construction, improvement, maintenance, and operation of an airport, whether 10 by the authority separately or jointly with another state agency, municipality, or 11 person, and the exercise of other powers granted to the authority are public and 12 governmental functions exercised for a public purpose and matters of public necessity. 13 Land and other property and privileges acquired and used by or on behalf of the 14 authority for the purposes enumerated in this chapter are acquired and used for public 15 and governmental purposes and as a matter of public necessity. 16 Sec. 02.40.120. ACQUISITION OF LAND AND EASEMENTS. The 17 authority, as part of the cost of constructing, maintaining, or improving airport 18 facilities, may acquire by purchase, gift, grant, exchange, or eminent domain land in 19 fee simple or easements that the authority considers necessary for present or future 20 public use, either temporary or permanent, including easements in airport hazards or 21 land outside the boundaries of an airport, necessary to permit the removal, elimination, 22 and obstruction marking or obstruction lighting of airport hazards or to prevent the 23 establishment of airport hazards. By the same means, the authority may obtain 24 material, including clay, gravel, sand, or rock, or the land necessary to obtain the 25 material. The authority may acquire the land or material notwithstanding the fact that 26 title to the land or material is vested in the state or a department, agency, commission, 27 or institution of the state. 28 Sec. 02.40.130. AUTHORITY TO ACQUIRE PROPERTY FOR THE 29 PURPOSE OF EXCHANGE. When the authority declares that it is in the best public 30 interest of the state to do so, the authority may acquire by purchase, gift, grant, 31 exchange, or eminent domain privately or publicly owned land or an interest in land
01 for the purpose of exchanging the land or interest in land for privately or publicly 02 owned land or an interest in land that the authority is authorized by law to acquire. 03 Sec. 02.40.140. EMINENT DOMAIN. (a) The authority may exercise the 04 power of eminent domain under AS 09.55.240 - 09.55.460 to acquire land for airport 05 purposes consistent with this chapter. Notwithstanding AS 09.55.250, the authority 06 may acquire a fee simple title whenever, in the judgment of the authority, ownership 07 of a fee simple title is necessary to carry out the purposes of this chapter. 08 (b) The authority may file a declaration of taking in the manner provided for 09 the state under AS 09.55.420. 10 (c) The exercise of the power of eminent domain requires the prior approval 11 of the governor. 12 Sec. 02.40.150. INDEMNIFICATION. (a) If the person acted in good faith 13 on behalf of the authority and within the scope of the person's official duties or 14 powers, the authority may defend and indemnify a current or former member of the 15 board, employee, or agent of the authority against all costs, expenses, judgments, and 16 liabilities, including attorney fees, incurred by or imposed upon that person in 17 connection with a civil or criminal action in which the person is involved by affiliation 18 with the authority. 19 (b) The authority may purchase insurance to protect and hold personally 20 harmless its employees, agents, and board members from an action, claim, or 21 proceeding arising out of the performance, purported performance, or failure of 22 performance, in good faith, of duties for, or employment with, the authority and to 23 hold them harmless from expenses connected with the defense, settlement, or monetary 24 judgments from that action, claim, or proceeding. The purchase of insurance is 25 discretionary with the board and insurance is not considered to be compensation to the 26 insured person. 27 Sec. 02.40.160. INSURANCE. Except as provided in AS 02.40.150(b), the 28 authority shall protect its assets, services, and employees by purchasing insurance or 29 providing for certain self-insurance retentions. The authority shall also maintain 30 casualty, property, and other insurance in amounts reasonably calculated to cover 31 potential claims against the authority or state for bodily injury, death, or disability and
01 property damage that may arise from or be related to authority operations and 02 activities. 03 Sec. 02.40.170. FIDELITY BOND. The authority shall obtain a fidelity bond 04 in an amount determined by the board for board members and each executive officer 05 responsible for accounts and finances. A bond must be in effect during the entire 06 tenure in office of the bonded person. 07 ARTICLE 3. INTERNATIONAL AIRPORT FACILITIES. 08 Sec. 02.40.200. OPERATION AND USE PRIVILEGES. (a) The authority 09 may enter into contracts, leases, and other arrangements covering periods not 10 exceeding 55 years with a person, municipality, state agency, or the United States, 11 granting the privilege of using or improving an airport or air navigation facility or a 12 portion of an airport or air navigation facility or space in an airport or air navigation 13 facility for commercial, governmental, or other public purposes, including private plane 14 tie down; or conferring the privilege of supplying goods, commodities, services, or 15 facilities at an airport or air navigation facility. The authority may establish the terms 16 and conditions and fix the charges, rentals, and fees for the privileges or services that 17 are reasonable and uniform for the same class of privilege or service. Charges, rentals, 18 or fees authorized by this section may be fixed by order of the board or by negotiated 19 or competitively offered contract. The fixing of charges, rentals, or fees as permitted 20 under this section is not subject to AS 37.10.050(a). The terms, conditions, charges, 21 rentals, and fees shall be established with due regard to the property and improvements 22 used and the expense of operation to the authority. The authority shall provide public 23 notice and an opportunity to comment before a charge, rental, or fee is fixed by order 24 of the board as permitted under this section. 25 (b) The Alaska Wing, Civil Air Patrol and its squadrons may use airport 26 facilities without rental charges. 27 (c) The authority may not deprive the public of its rightful, equal, and uniform 28 use of an airport, air navigation facility, or a portion of an airport or air navigation 29 facility. 30 Sec. 02.40.210. SALE AND DELIVERY OF IN-BOND MERCHANDISE. 31 (a) The authority shall allow the sale and delivery of in-bond merchandise at an
01 airport only by an exclusive contract. 02 (b) If an exclusive contract for the sale and delivery of in-bond merchandise 03 at an airport exists on June 30, 1996, the authority may not permit or confer a right 04 on another person to offer to sell, sell, or deliver in-bond merchandise at that airport 05 except as provided in (c) of this section. 06 (c) After exclusive contracts described in (b) of this section expire, the 07 authority shall enter into one exclusive contract and, on its expiration, additional 08 successive exclusive contracts for the sale and delivery of in-bond merchandise at each 09 airport. Except under the existing and future exclusive contracts described in this 10 section, the authority may not permit or confer a right upon a person to offer to sell, 11 sell, or deliver in-bond merchandise at an airport. 12 (d) The authority shall offer the exclusive contracts required by this section 13 by competitive bid and shall award the contracts after considering the generation of 14 maximum revenue for the international airports revenue fund under AS 37.15.430. 15 (e) The authority shall actively supervise the operations under each exclusive 16 contract for the sale and delivery of in-bond merchandise in order to ensure the 17 effectiveness of the operations. To supervise contract operations under this section, 18 the authority shall adopt rules that provide for review of the reasonableness of price 19 schedules, quality and assortment of merchandise, and customer service. 20 (f) This section does not apply to deliveries of in-bond merchandise as cargo 21 to airlines. In this subsection, "cargo" means goods carried by an airline under an 22 agreement between the shipper and the airline, other than a passenger ticket, that are 23 accepted, carried, and handled separately from passenger baggage and that are 24 delivered to a location other than a baggage claim area; "cargo" does not include goods 25 carried by an airline as baggage, whether belly loaded or hand carried and whether 26 accompanied or unaccompanied by a passenger. 27 Sec. 02.40.220. POLICE POWERS VESTED. The officers and employees of 28 the authority whom the board may designate have general police powers in aid of the 29 enforcement of this chapter and of the powers exercised by the authority under 30 AS 02.15 and AS 02.25. The persons designated under this section shall meet the 31 minimum standards for police officers adopted under AS 18.65.130 - 18.65.290.
01 Sec. 02.40.230. REGULATION OF GROUND TRANSPORTATION AT 02 AIRPORTS. Notwithstanding the provisions of AS 02.40.200, the authority may not 03 exclude taxis, buses, or limousines that carry passengers for hire or courtesy cars from 04 the highways, parking facilities, or other portions of an airport designated for operation 05 or parking of ground transportation vehicles. The authority may regulate by rule the 06 operations of taxis, buses, limousines, and courtesy cars as necessary to promote 07 efficient operation of an airport. In this section, "courtesy car" means a motor vehicle 08 owned or operated by a hotel, motel, or other place of public accommodation for the 09 transportation of its guests to and from the airport at the request of the guest and for 10 which no service charge is made to the guest. 11 Sec. 02.40.240. LIENS. The authority may enforce the payment of charges 12 for repairs, improvements, storage, or care of personal property made or furnished by 13 the authority or its agents in connection with the operation of an airport or air 14 navigation facility owned or operated by the authority. The authority has those lien 15 rights generally allowed by law to secure payment for those services. 16 Sec. 02.40.250. INTERNATIONAL AIRPORT ADVISORY COMMITTEES. 17 (a) The board shall establish an advisory committee for each of the international 18 airports and shall prescribe by rule the powers, duties, and procedures of each 19 committee. An advisory committee serves only as an advisor and may not exercise 20 or be delegated a substantive power conferred on the board by law. An advisory 21 committee may take action by a majority vote of its members. 22 (b) The advisory committee for the Anchorage International Airport consists 23 of the two members of the board from the Municipality of Anchorage who are 24 appointed under AS 02.40.020(a)(1) and one other member of the board chosen by the 25 chair of the board. The advisory committee shall act as an advisor to the manager of 26 the Anchorage International Airport. 27 (c) The advisory committee for the Fairbanks International Airport consists of 28 the two members of the board from the Fairbanks North Star Borough who are 29 appointed under AS 02.40.020(a)(2) and one other member of the board chosen by the 30 chair of the board. The advisory committee shall act as an advisor to the manager of 31 the Fairbanks International Airport.
01 ARTICLE 4. FISCAL PROCEDURES. 02 Sec. 02.40.300. BUDGET REQUEST. (a) The authority, on the date and in 03 the form and content prescribed by the governor after consultation with the legislative 04 finance division, shall prepare and forward to the governor and the legislative finance 05 division established under AS 24.20.211 a document containing 06 (1) the goals and objectives of the authority and the problem or need 07 that the activities and operations of the authority are intended to address; 08 (2) proposed plans of the authority to implement the goals and 09 objectives, including estimates of future service needs, planned methods of 10 administration, proposed modification of existing services and establishment of new 11 services, and the estimated resources needed to carry out the proposed plan; 12 (3) the budget requested to carry out proposed plans of the authority 13 in the succeeding fiscal year, including information reflecting the expenditures during 14 the last fiscal year, those expenditures authorized for the current fiscal year, those 15 expenditures proposed for the succeeding fiscal year, an explanation of the services to 16 be provided, the number of total positions for all persons employed or under contract 17 by the authority for personal services including those rendered for capital improvement 18 projects, the need for the services, the cost of the services, and other information 19 requested by the governor; 20 (4) a report of the receipts during the last fiscal year, an estimate of the 21 receipts during the current fiscal year, and an estimate of receipts for the succeeding 22 fiscal year; 23 (5) a statement of the performance and accomplishments of the 24 authority in each of the last four fiscal years; 25 (6) a statement of legislation required to implement the proposed 26 programs and financial plans; 27 (7) an assessment of the degree to which the overall policies of the 28 authority, as expressed in rules adopted by the authority, meet the objectives of the 29 legislature in establishing the authority; 30 (8) an evaluation of the advantages and disadvantages of specific 31 alternatives to existing or proposed program policies or administrative methods.
01 (b) The document prepared under (a) of this section must describe the 02 relationship of the services provided by the authority to those services provided by 03 other government agencies and nongovernmental organizations. 04 (c) If the authority fails to transmit the program and financial information 05 required under (a) of this section on the specified date, the governor may prepare the 06 information. 07 (d) All goals and objectives, plans, programs, estimates, budgets, and other 08 documents forwarded to the governor by the authority under this section are public 09 information after the date they are forwarded. 10 Sec. 02.40.310. PROGRAM EXECUTION. (a) Except as limited by policy 11 decisions of the governor, appropriations by the legislature, and other provisions of 12 law, the authority has power to administer its programs and is responsible for the 13 proper management of the airports. 14 (b) The governor may direct the reduction of expenditures by the authority 15 during the fiscal year only if the governor determines that the planned expenditures can 16 no longer be made due to factors outside the control of the state that make the 17 expenditures factually impossible. 18 Sec. 02.40.320. ACCEPTANCE OF MONEY FROM FEDERAL AND 19 OTHER SOURCES. The authority may accept federal money, and money from other 20 public or private sources, to accomplish the purposes of this chapter; however, the 21 authority may not expend the money without appropriation of the money by the 22 legislature. Federal money accepted under this chapter shall be accepted and expended 23 by the authority under the terms and conditions prescribed by federal law and 24 regulations. 25 Sec. 02.40.330. ANNUAL REPORT. By January 15 of each year, the 26 authority shall submit to the governor, the legislature, the mayor of the Municipality 27 of Anchorage, the mayor of the Fairbanks North Star Borough, and the mayor of the 28 City of Fairbanks a concise report describing the operations, income, and expenditures 29 for the preceding fiscal year. The report must contain information substantially similar 30 to that required by the Security and Exchange Commission form 10-K. The report 31 must also include financial statements audited by an independent outside auditor.
01 Sec. 02.40.340. ANNUAL AUDIT. The authority shall have a certified audit 02 of its financial records prepared annually by an independent certified public 03 accountant. 04 Sec. 02.40.350. RESPONSIBILITY OF AUTHORITY FOR REVENUE 05 BONDS. The authority succeeds to all rights, duties, powers, and obligations of the 06 state bond committee regarding the issuance, sale, and repayment of revenue bonds 07 authorized under AS 37.15.410 - 37.15.550. 08 ARTICLE 5. GENERAL PROVISIONS. 09 Sec. 02.40.900. AUTHORITY EMPLOYEES. (a) Employees of the authority 10 are not employees of the state. 11 (b) Notwithstanding (a) of this section, employees of the authority who were 12 state employees the day before they were transferred to the authority shall continue to 13 participate in the supplemental employee benefits program under AS 39.30.150 - 14 39.30.180 and in the public employees' retirement system under AS 39.35. The 15 authority shall pay the employer's contributions required under AS 39.30.150 - 16 39.30.180 and under AS 39.35. 17 (c) The authority may engage in collective bargaining with its employees. 18 Sec. 02.40.910. APPLICATION OF EXISTING LAWS. Unless specifically 19 provided otherwise in this chapter, the following laws do not apply to the operations 20 of the authority: 21 (1) AS 36.30, except as specifically provided in that chapter; 22 (2) AS 37.07; 23 (3) AS 39, except as provided in this chapter; 24 (4) AS 44.62.010 - 44.62.300. 25 Sec. 02.40.990. DEFINITIONS. In this chapter, unless the context requires 26 otherwise, 27 (1) "airport" means the international airports owned and operated by 28 the state and located at Anchorage and Fairbanks; 29 (2) "authority" means the Alaska International Airport Authority; 30 (3) "board" means the board of directors of the authority; 31 (4) "bonds" means the international airports revenue bonds authorized
01 by AS 37.15.410 - 37.15.550; and 02 (5) "capital improvement" means a project for the construction, 03 rehabilitation, rebuilding, enlarging, or improving of all or a part of the international 04 airport system, as determined by the authority to be necessary or desirable for efficient 05 operation of the international airports and to best serve the public. 06 Sec. 02.40.995. SHORT TITLE. This chapter may be cited as the Alaska 07 International Airport Authority Act. 08 * Sec. 3. AS 02.15.020(b) is amended to read: 09 (b) The department may enter into contracts necessary or advisable to the 10 execution of the powers granted to the department [IT] by this chapter. Where the 11 planning, acquisition, construction, improvement, maintenance, or operation of an 12 airport or air navigation facility subject to the jurisdiction of the department is 13 financed wholly or partially with federal money, the department, as agent of the state, 14 or of a municipality, or person, may let contracts in the manner prescribed by the 15 federal authorities acting under the laws and rules and regulations of the United States. 16 * Sec. 4. AS 02.15.060 is amended to read: 17 Sec. 02.15.060. ESTABLISHMENT, OPERATION, AND MAINTENANCE. 18 Except as otherwise provided under this title, the [THE] department may plan, 19 establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and 20 police airports and air navigation facilities within the state. 21 * Sec. 5. AS 02.15.090 is amended to read: 22 Sec. 02.15.090. OPERATION AND USE PRIVILEGES. (a) In operating an 23 airport or air navigation facility owned or controlled by the state and subject to the 24 jurisdiction of the department, the department may enter into contracts, leases, and 25 other arrangements covering periods not exceeding 55 years with a person, 26 municipality, or the United States, granting the privilege of using or improving an 27 airport or air navigation facility or a portion of an airport or air navigation facility 28 [IT] or space in an airport or air navigation facility [IT] for commercial, 29 governmental, or other public purposes, including private plane tie down; or conferring 30 the privilege of supplying goods, commodities, services, or facilities at an airport or 31 air navigation facility. The department may establish the terms and conditions and fix
01 the charges, rentals, and fees for the privileges or services that are reasonable and 02 uniform for the same class of privilege or service. [CHARGES, RENTALS, OR FEES 03 AUTHORIZED BY THIS SUBSECTION MAY BE FIXED FOR THE 04 INTERNATIONAL AIRPORTS BY ORDER OF THE COMMISSIONER OR BY 05 NEGOTIATED OR COMPETITIVELY OFFERED CONTRACT.] Notwithstanding 06 AS 37.10.050(a), the fixing of charges, rentals, or fees as permitted under this 07 subsection is not subject to the adoption of regulation provisions of AS 44.62 08 (Administrative Procedure Act). The terms, conditions, charges, rentals, and fees shall 09 be established with due regard to the property and improvements used and the expense 10 of operation to the state. However, use of state land and buildings by the Alaska 11 Wing, Civil Air Patrol and its squadrons shall be permitted without rental charges. 12 The department shall provide for public notice and an opportunity to comment before 13 a charge, rental, or fee is fixed by order of the commissioner as permitted under this 14 subsection. The public may not be deprived of its rightful, equal, and uniform use of 15 the airport, air navigation facility, or a portion of them. 16 (b) The department may by contract or other arrangement, upon a 17 consideration fixed by the department [IT], grant to a qualified municipality or person 18 for a reasonable period of time the privilege of operating, as agent of the state or 19 otherwise, an airport owned or controlled by the state and subject to the jurisdiction 20 of the department. A municipality or person granted that privilege may not operate 21 the airport other than as a public airport or enter into a [ANY] contract, lease, or other 22 arrangement in connection with the operation that the department may not have 23 undertaken under (a) of this section. 24 * Sec. 6. AS 02.15.095 is amended to read: 25 Sec. 02.15.095. COURTESY CARS. Notwithstanding the provisions of 26 AS 02.15.090(a), in operating an airport subject to the jurisdiction of the 27 department, the department may not exclude from the streets, roads, highways, 28 parking facilities, or other portions of the [A STATE-OPERATED] airport designated 29 for operation or parking of ground transportation vehicles, nor may the department 30 prohibit, from picking up and discharging passengers, those motor vehicles commonly 31 known as "courtesy cars." In this section, "courtesy car" means motor vehicles ["]
01 owned or operated by hotels, motels, or other similar places of public accommodation 02 for the transportation of their guests to and from the airport at the request of the guest 03 and for which service no charge is made to the guest. 04 * Sec. 7. AS 02.15.100 is amended to read: 05 Sec. 02.15.100. LIENS. The department may enforce the payment of any 06 charges for repairs, improvements, storage, or care of personal property made or 07 furnished by the department or its agents [,] in connection with the operation of an 08 airport or air navigation facility owned or operated by the state and subject to the 09 jurisdiction of the department. The state has those lien rights generally allowed by 10 law to secure payment for those services. 11 * Sec. 8. AS 02.15.102 is amended to read: 12 Sec. 02.15.102. USE OF AIRPORTS FOR UTILITIES. (a) A utility facility 13 may be constructed, placed, or maintained across, along, over, under, or within 14 (1) a state airport, subject to the jurisdiction of the department, only 15 under [IN ACCORDANCE WITH] regulations adopted or procedures prescribed by 16 the department and only if authorized by a written permit issued by the department; 17 (2) a state airport, subject to the jurisdiction of the authority under 18 AS 02.40, only under rules adopted by the authority and only if authorized by 19 written permit issued by the authority. 20 (b) The department or the authority may charge a fee for a permit that it 21 issues [ISSUED] under this section. 22 * Sec. 9. AS 02.15.104 is amended to read: 23 Sec. 02.15.104. RELOCATION OF UTILITY FACILITIES INCIDENT TO 24 AIRPORT PROJECTS. (a) If, incident to the construction of an airport project, the 25 department or authority determines and orders that a utility facility located across, 26 along, over, under, or within a state airport subject to its jurisdiction must be 27 changed, relocated, or removed, the utility owning or maintaining the facility shall 28 change, relocate, or remove the facility [IT] in accordance with the order, within a 29 reasonable time set by the department or authority in the order. 30 (b) If the utility facility is not changed, relocated, or removed in accordance 31 with the order, any permit authorizing the facility issued by the department or the
01 authority under AS 02.15.102 becomes invalid and the facility will be considered an 02 unauthorized encroachment subject to the provisions of AS 02.15.114. 03 (c) The cost of change, relocation, or removal, as defined in AS 02.15.260, 04 ordered under (a) of this section is to be paid as follows: 05 (1) by the department or the authority as a cost of airport construction 06 [,] if the utility facility is installed or authorized after June 11, 1986, under a utility 07 permit or a regulation adopted by the department and is installed in the location 08 specified in the permit or the regulation; 09 (2) by the department or the authority as a cost of airport construction 10 [,] if the utility facility was installed before June 11, 1986, under a utility permit or 11 utility easement and is in the location specified in the permit or easement; 12 (3) by the department or the authority as a cost of airport construction 13 [,] if the utility facility was installed before the location became part of a state airport 14 or before permits were required; 15 (4) by the department or the authority as a cost of airport construction 16 [,] if the utility permit that requires the utility to pay the relocation cost was issued 17 more than five years before the contract for the airport construction project was first 18 advertised; 19 (5) by the utility in all other cases unless 20 (A) for airports subject to the jurisdiction of the 21 department, the commissioner finds it is in the public interest for the cost to 22 be paid by the department; 23 (B) for airports subject to the jurisdiction of the authority, 24 the board of directors of the authority finds that it is in the public interest 25 for the cost to be paid by the authority. 26 * Sec. 10. AS 02.15.106 is amended to read: 27 Sec. 02.15.106. ENCROACHMENT PERMITS. An encroachment may be 28 constructed, placed, changed, or maintained across or within an airport, but only in 29 accordance with regulations or procedures adopted by the department for airports 30 subject to the jurisdiction of the department or with rules adopted by the 31 authority for airports subject to the jurisdiction of the authority. An
01 encroachment may not be constructed, placed, maintained, or changed until the 02 encroachment [IT] is authorized by a written permit issued by the department or the 03 authority, unless the department or the authority provides otherwise by regulation 04 or rule. The department or the authority may charge a fee for a permit that it issues 05 [ISSUED] under this section. 06 * Sec. 11. AS 02.15.108 is amended to read: 07 Sec. 02.15.108. RELOCATION OR REMOVAL OF ENCROACHMENT. If, 08 incidental to the construction or maintenance of a state airport, the department or the 09 authority determines and orders that an encroachment previously authorized by written 10 permit must be changed, relocated, or removed, the owner of the encroachment shall 11 change, relocate, or remove the encroachment [IT] within a reasonable time set by 12 the department or authority in the order. The cost of the change, relocation, or 13 removal shall be paid as provided in AS 02.15.104(c). If the owner does not change, 14 relocate, or remove an encroachment within the time set by the department or the 15 authority, the encroachment will be considered an unauthorized encroachment subject 16 to the provisions of AS 02.15.114. 17 * Sec. 12. AS 02.15.110 is amended to read: 18 Sec. 02.15.110. UNAUTHORIZED ENCROACHMENTS. If an unauthorized 19 encroachment exists in, on, under, or over a state airport, the department or the 20 authority, as appropriate, may require the removal of the encroachment, at the 21 expense of the owner, in the manner provided in AS 02.15.112 - 02.15.114. 22 * Sec. 13. AS 02.15.112 is amended to read: 23 Sec. 02.15.112. NOTICE OF REMOVAL OF UNAUTHORIZED 24 ENCROACHMENT. The department or the authority, as appropriate, shall give 25 notice to [NOTICE SHALL BE GIVEN] the owner, occupant, or person in possession 26 of an unauthorized encroachment, or to another person causing or permitting the 27 encroachment to exist, by serving upon any of them a notice demanding the removal 28 of the encroachment within a time limit set by the department or the authority. The 29 notice must describe the encroachment with reasonable certainty as to its character and 30 location. Service of the notice may be made by certified mail. 31 * Sec. 14. AS 02.15.114 is amended to read:
01 Sec. 02.15.114. REMOVAL AT OWNER'S EXPENSE AFTER 02 NONCOMPLIANCE; REMOVAL EXPENSE. After a failure of the owner of an 03 unauthorized encroachment to comply with a notice or order of the department or the 04 authority under AS 02.15.104, 02.15.108, or 02.15.112, the department or the 05 authority, as appropriate, may remove the encroachment, or cause the encroachment 06 [IT] to be removed. The owner of the unauthorized encroachment shall pay to the 07 department or the authority 08 (1) the expense of the removal of the encroachment; 09 (2) all costs and expenses paid by the state as a result of a claim or 10 claims filed against the state by third parties for damages due to delays because the 11 encroachment was not changed, removed, or relocated according to the order of the 12 department or the authority; and 13 (3) costs and expense of suit. 14 * Sec. 15. AS 02.15.130 is amended to read: 15 Sec. 02.15.130. ASSISTANCE TO THE FEDERAL GOVERNMENT, 16 MUNICIPALITIES, AND OTHER PERSONS. The department may make available 17 its engineering, maintenance, and other services, with or without charge, to the 18 authority, the federal government, [OR TO] a municipality, or a person in connection 19 with the planning, acquisition, construction, improvement, maintenance, or operation 20 of airports or air navigation facilities. 21 * Sec. 16. AS 02.15.205(a) is amended to read: 22 (a) A person or the authority may not construct, reconstruct, relocate, or 23 extend an airport, airstrip, or private air facility within two miles of a federal-aid 24 highway or proposed federal-aid highway without first obtaining the written approval 25 of the commissioner, as provided by regulation. 26 * Sec. 17. AS 02.15.210 is amended to read: 27 Sec. 02.15.210. EXCLUSIVE RIGHTS PROHIBITED. The department may 28 not grant an exclusive right for the use of an airway, airport, or air navigation facility 29 under its jurisdiction. This section does not prevent the making of contracts, leases, 30 and other arrangements under AS 02.15.060 - 02.15.100 and 02.15.120, including 31 exclusive contracts for the sale and delivery of in-bond merchandise [DESCRIBED IN
01 AS 02.15.091]. 02 * Sec. 18. AS 02.15.260 is amended by adding a new paragraph to read: 03 (19) "authority" means the Alaska International Airport Authority. 04 * Sec. 19. AS 02.25.110(4) is amended to read: 05 (4) "department" means the Department of Transportation and Public 06 Facilities with regard to airports that are not subject to AS 02.40 and the Alaska 07 International Airport Authority with regard to airports that are subject to 08 AS 02.40; 09 * Sec. 20. AS 02.25.110 is amended by adding a new paragraph to read: 10 (8) "regulation" includes rules adopted by the board of directors of the 11 Alaska International Airport Authority. 12 * Sec. 21. AS 18.65.290(5) is amended to read: 13 (5) "police officer" means 14 (A) a full-time employee of the state or a local police 15 department with the authority to arrest and issue citations; detain a person taken 16 into custody until that person can be arraigned before a judge or magistrate; 17 conduct investigations of violations of and enforce criminal laws, regulations, 18 and traffic laws; search with or without a warrant persons, dwellings, and other 19 forms of property for evidence of a crime; carry a concealed weapon; and take 20 other action consistent with exercise of these enumerated powers when 21 necessary to maintain the public peace; 22 (B) an officer or employee of the Alaska International Airport 23 Authority [DEPARTMENT OF TRANSPORTATION AND PUBLIC 24 FACILITIES] who is stationed at an international airport and has been 25 designated to have the general police powers authorized under AS 02.40.220 26 [AS 02.15.230(a)]; 27 (C) a University of Alaska public safety officer with general 28 police powers authorized under AS 14.40.043; 29 * Sec. 22. AS 19.45.015 is amended by adding a new subsection to read: 30 (d) In this section, 31 (1) "commissioner" means the commissioner of transportation and
01 public facilities in regard to airports not subject to AS 02.40 and the board of directors 02 of the Alaska International Airport Authority in regard to airports subject to AS 02.40; 03 (2) "regulation" includes a rule adopted by the board of directors of the 04 Alaska International Airport Authority. 05 * Sec. 23. AS 23.10.037(b) is amended to read: 06 (b) The provisions of (a) of this section do not apply to the state or a political 07 subdivision of the state when dealing with police officers in its employ or with persons 08 applying to be employed as police officers. In this subsection, "police officers" 09 includes officers and employees of the Alaska International Airport Authority 10 [DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES] who are 11 stationed at an international airport and have been designated to have the general 12 police powers authorized under AS 02.40.220 [AS 02.15.230(a)]. 13 * Sec. 24. AS 35.27 is amended by adding a new section to read: 14 Sec. 35.27.025. APPLICATION TO THE ALASKA INTERNATIONAL 15 AIRPORT AUTHORITY. This chapter applies to the Alaska International Airport 16 Authority. Compliance with this chapter is the sole responsibility of the Alaska 17 International Airport Authority with regard to the public buildings and facilities of the 18 authority. 19 * Sec. 25. AS 35.27.030(1) is amended to read: 20 (1) "building" or "facility" means a permanent improvement constructed 21 by the department or the Alaska International Airport Authority; the term 22 (A) includes [, BUT IS NOT LIMITED TO,] 23 (i) schools, office buildings, and court buildings; 24 (ii) other buildings which the commissioner determines 25 are designed for substantial public use; 26 (iii) boats and vessels of the marine highway system; 27 (iv) transportation facilities that [WHICH] accommodate 28 traveling passengers; 29 (B) excludes other transportation facilities; 30 * Sec. 26. AS 36.10.180(a) is amended to read: 31 (a) The preferences established in AS 36.10.150 - 36.10.175 apply to work
01 performed 02 (1) under a contract for construction, repair, preliminary surveys, 03 engineering studies, consulting, maintenance work, or any other retention of services 04 necessary to complete a given project that is let by the state or an agency of the state, 05 a department, office, state board, commission, public corporation, or other 06 organizational unit of or created under the executive, legislative, or judicial branch of 07 state government, including the University of Alaska, the Alaska International 08 Airport Authority, and the Alaska Railroad Corporation, or by a political subdivision 09 of the state including a regional school board with respect to an educational facility 10 under AS 14.11.020; 11 (2) on a public works project under a grant to a municipality under 12 AS 37.05.315 or AS 37.06.010; 13 (3) on a public works project under a grant to a named recipient under 14 AS 37.05.316; 15 (4) on a public works project under a grant to an unincorporated 16 community under AS 37.05.317 or AS 37.06.020; and 17 (5) on any other public works project or construction project that is 18 funded in whole or in part by state money. 19 * Sec. 27. AS 36.30.015(e) is amended to read: 20 (e) The board of directors of the Alaska Railroad Corporation, the board of 21 directors of the Alaska International Airport Authority, and the board of directors 22 of the Alaska Aerospace Development Corporation shall adopt procedures to govern 23 the procurement of supplies, services, professional services, and construction. The 24 procedures must be substantially equivalent to the procedures prescribed in this chapter 25 and in regulations adopted under this chapter. 26 * Sec. 28. AS 36.30.050(c) is amended to read: 27 (c) The lists may be used by the chief procurement officer or an agency when 28 issuing invitations to bid or requests for proposals under this chapter. The lists may 29 be used by the legislative council, the court system, the Alaska International Airport 30 Authority, and the Alaska Railroad Corporation. 31 * Sec. 29. AS 36.30.850(b)(8) is amended to read:
01 (8) acquisitions or disposals of property and other contracts relating to 02 airports under AS 02.15.070, 02.15.090, AS 02.40.120, 02.40.200, 02.40.210 03 [02.15.091], and AS 44.88; 04 * Sec. 30. AS 36.30.990(1) is amended to read: 05 (1) "agency" 06 (A) means a department, institution, board, commission, 07 division, authority, public corporation, the Alaska Pioneers' Home, or other 08 administrative unit of the executive branch of state government; 09 (B) does not include 10 (i) the University of Alaska; 11 (ii) the Alaska Railroad Corporation; 12 (iii) the Alaska Housing Finance Corporation; 13 (iv) a regional Native housing authority created under 14 AS 18.55.996 or a regional electrical authority created under 15 AS 18.57.020; 16 (v) the Department of Transportation and Public 17 Facilities, in regard to the repair, maintenance, and reconstruction of 18 vessels, docking facilities, and passenger and vehicle transfer facilities 19 of the Alaska marine highway system; 20 (vi) the Alaska Aerospace Development Corporation; 21 (vii) the Alaska State Pension Investment Board; 22 (viii) the Alaska Seafood Marketing Institute; 23 (ix) the Alaska International Airport Authority; 24 * Sec. 31. AS 37.05 is amended by adding a new section to article 1 to read: 25 Sec. 37.05.055. DELEGATION TO THE ALASKA INTERNATIONAL 26 AIRPORT AUTHORITY. The commissioner of administration may delegate the 27 performance of the functions under this chapter as they relate to the Alaska 28 International Airport Authority to the authority and set the criteria and guidelines that 29 shall be followed. 30 * Sec. 32. AS 37.15.415 is amended to read: 31 Sec. 37.15.415. CONTINUING REVENUE BOND DEBT SERVICE
01 APPROPRIATION. The amounts required annually to pay the principal, interest, and 02 redemption premium on all issued and outstanding international airports revenue bonds 03 of the state are appropriated each fiscal year from the international airports revenue 04 fund to the board [STATE BOND COMMITTEE] to make all required payments of 05 principal, interest, and redemption premium. 06 * Sec. 33. AS 37.15.420(b) is amended to read: 07 (b) The bond resolution may provide for the investment of money in the 08 construction fund in a manner that the board [COMMITTEE] may determine. The 09 interest earned upon or any profits derived from the sale of this investment shall be 10 deposited in and become a part of the construction fund. 11 * Sec. 34. AS 37.15.430(b) is amended to read: 12 (b) The investment of money in the revenue fund may be made in the manner 13 that the board [COMMITTEE] may determine. The interest earned upon or any 14 profits derived from the sale of this investment shall be deposited in and become a part 15 of the revenue fund. 16 * Sec. 35. AS 37.15.440 is amended to read: 17 Sec. 37.15.440. REDEMPTION FUND. There is another special fund of the 18 state, known as the "International Airports Revenue Bond Redemption Fund," which 19 is a trust fund for paying and securing the payment of the principal of and interest and 20 redemption premium, if any, on the bonds and which shall be at all times completely 21 segregated and set apart from all other funds of the state. The board [COMMITTEE], 22 on behalf of the state, shall obligate and bind the state to set aside and pay into the 23 bond redemption fund any part or parts of, or all of, or a fixed proportion of, or a 24 fixed amount of the money in the revenue fund sufficient to pay the principal of and 25 interest and redemption premium, if any, on the bonds as the payments become due 26 and, if the board [IT] considers it necessary, to set aside and maintain reserves for this 27 purpose. The bond redemption fund shall be drawn upon for the purpose of paying 28 the principal of and interest and redemption premium, if any, on the bonds, and the 29 bonds do not constitute a general obligation of the state. 30 * Sec. 36. AS 37.15.450(a) is amended to read: 31 (a) The bonds may be sold at public or private sale in the manner, in the
01 amounts or series, and at the time or times that the board [COMMITTEE] determines. 02 However, the bonds, or each series of bonds [THEM], shall be sold at such a price so 03 that the effective interest rate over the life of the bonds does not exceed 11 percent per 04 year or that rate of interest that is 125 percent of the rate of the Bond Buyer Index of 05 20 Municipal Bond Average Yields for the week previous to the date of sale of the 06 bonds, whichever is higher. Interest shall be payable annually or semiannually. 07 * Sec. 37. AS 37.15.450(b) is amended to read: 08 (b) The bonds mature at the time or times fixed by the board [COMMITTEE]. 09 The bonds may be subject to redemption before their fixed maturities as determined 10 by the board [COMMITTEE] and with a premium or premiums fixed by the board 11 [COMMITTEE], but a bond is not subject to redemption before its fixed maturity date 12 unless the right so to redeem that bond is expressly mentioned on the face of the bond. 13 The bonds may be in denominations determined by the board [COMMITTEE]; may 14 be issued in coupon form or in fully registered form, and may be registrable as to 15 principal or both principal and interest, all under rules [REGULATIONS] and 16 conditions that the board [COMMITTEE] shall provide; shall be payable as to 17 principal and interest at such place or places as may be determined by the board 18 [COMMITTEE]; shall be signed on behalf of the state by the governor and shall be 19 attested by the lieutenant governor, both of which signatures may be facsimile 20 signatures; shall have the seal of the state impressed, printed, or lithographed on them, 21 and each of the interest coupons attached to them shall be signed by the facsimile 22 signatures of these officials; shall be issued under and subject to such terms, 23 conditions, and covenants providing for the payment of the principal of them and 24 interest on them and such other terms, conditions, covenants, and protective features 25 safeguarding this payment and relating to the maintenance, operation, and improvement 26 of the airports as found necessary by the board [COMMITTEE], which covenants may 27 include a provision requiring the setting aside and maintenance of certain reserves to 28 secure the payment of this principal and interest. The board [COMMITTEE] may 29 provide that any additional bonds authorized after June 27, 1972, by the legislature to 30 be payable out of the same source or sources as the bonds authorized as of that date 31 may later be issued on a parity with the bonds authorized as of that date upon
01 compliance with any conditions which the board [COMMITTEE] may prescribe. 02 * Sec. 38. AS 37.15.450(c) is amended to read: 03 (c) If found reasonably necessary, the board [COMMITTEE] may select a 04 trustee or trustees for the holders of the bonds or any series of them, for the 05 safeguarding and disbursement of any of the money in any of the funds created by 06 AS 37.15.420, 37.15.430, and 37.15.440, or for duties with respect to the 07 authentication, delivery, and registration of the bonds as the board [COMMITTEE] 08 may determine, and shall fix the rights, duties, powers, and obligations of the trustee 09 or trustees. 10 * Sec. 39. AS 37.15.450(d) is amended to read: 11 (d) In its determination of all of the matters and questions relating to the 12 issuance and sale of the bonds and the fixing of the maturities, terms, conditions, and 13 covenants of them as provided in (a), (b), and (c) of this section, the decisions of the 14 board [COMMITTEE] shall be those found to be reasonably necessary for the best 15 interests of the state and its inhabitants, and those that will accomplish the most 16 advantageous sale of the bonds, with due regard, however, to necessary or normal costs 17 of maintenance and operation, renewals, and replacements of and repairs to the airports 18 and to all improvements to them and facilities of them owned, used, operated, or 19 leased in connection with them, the future growth and expansion of the airports and 20 all of such facilities, and the possibility of additional revenue bond financing for 21 airports purposes. Any such decisions of the board [COMMITTEE], as expressed in 22 any bond resolution, are final and conclusive when any bonds have been issued 23 pursuant to the bond resolution. 24 * Sec. 40. AS 37.15.460 is amended to read: 25 Sec. 37.15.460. BOND RESOLUTION. The board [COMMITTEE] shall 26 adopt the bond resolution and prepare all other documents and proceedings necessary 27 for the issuance, sale, and delivery of the bonds or any part or series of them. The 28 bond resolution must fix the principal amount, denomination, date, maturities, place 29 or places of payment, rights of redemption, if any, terms, form, conditions, and 30 covenants of the bonds or each series of them. The board [COMMITTEE] shall also 31 determine and provide for the date and manner of sale of the bonds, and shall provide
01 whether the notice of sale is to be published elsewhere in addition to the publication 02 required by AS 37.15.450. 03 * Sec. 41. AS 37.15.480 is amended to read: 04 Sec. 37.15.480. AMOUNTS REQUIRED FOR PAYMENTS. The board 05 [COMMITTEE] shall, before December 31 of each year, commencing with the year 06 in which the bonds are issued, certify [TO THE COMMISSIONERS OF REVENUE 07 AND TRANSPORTATION AND PUBLIC FACILITIES] the amounts required in the 08 next ensuing calendar year by the bond resolution or resolutions to be paid out of the 09 revenue fund into the bond redemption fund and to be paid into and maintained in any 10 reserve fund or account or any other fund or account created by the bond resolution 11 or resolutions, and shall also certify [TO THE COMMISSIONERS] the last date or 12 dates upon which payments may be made. 13 * Sec. 42. AS 37.15.500 is amended to read: 14 Sec. 37.15.500. AIRPORT CHARGES. As provided in AS 02.40.200, the 15 authority [AS 02.15.090(a), THE COMMISSIONER OF TRANSPORTATION AND 16 PUBLIC FACILITIES] shall fix and collect the fees, charges, and rentals derived by 17 the state from the ownership, lease, use, and operation of the airports and all of the 18 facilities and improvements that will provide revenue sufficient to comply with all of 19 the covenants of the bond resolution. 20 * Sec. 43. AS 37.15.510 is amended to read: 21 Sec. 37.15.510. STATE IMPROVEMENTS TO AIRPORTS. The state is 22 authorized to acquire, equip, construct, and install additions and improvements to and 23 extensions of the airports, facilities for the landing, parking, loading, storing, repairing, 24 safety, and utility of aircraft at the airports and passenger, freight, and terminal 25 facilities, including safety equipment and devices at the airports, found to be necessary 26 by the authority [COMMISSIONER OF TRANSPORTATION AND PUBLIC 27 FACILITIES]. 28 * Sec. 44. AS 37.15.520(a) is amended to read: 29 (a) The bonds or any part of them may be refunded at or before their maturity 30 by the issuance of refunding revenue bonds of the state if in the opinion of the board 31 [COMMITTEE] refunding is advantageous to and in the best interests of the state and
01 its inhabitants. 02 * Sec. 45. AS 37.15.520(b) is amended to read: 03 (b) The issuance of refunding bonds need not be authorized by an Act of the 04 legislature, and the board [COMMITTEE] shall adopt the resolution or resolutions and 05 prepare all other documents and proceedings necessary for the issuance, exchange or 06 sale, and delivery of such bonds. All provisions of AS 37.15.410 - 37.15.550 07 applicable to revenue bonds are applicable to the refunding bonds and to the issuance, 08 sale, or exchange of them, except as otherwise provided in this section. 09 * Sec. 46. AS 37.15.550(3) is amended to read: 10 (3) "bond resolution" means the resolution or resolutions authorizing 11 the issuance of bonds, adopted by the board [COMMITTEE] under AS 37.15.460; 12 * Sec. 47. AS 37.15.550 is amended by adding new paragraphs to read: 13 (10) "authority" means the Alaska International Airport Authority; 14 (11) "board" means the board of directors of the authority, or any other 15 committee, body, department, or officer of the state which or who succeeds to the 16 rights, powers, duties, and obligations of the board by lawful Act of the legislature. 17 * Sec. 48. AS 38.05.030(b) is amended to read: 18 (b) The provisions of this chapter do not apply to any power, duty, or authority 19 now or in the future granted to the Department of Transportation and Public Facilities 20 or the Alaska International Airport Authority in the name of the state, to acquire, 21 use, lease, dispose of, or exchange real property, or any interest in real property. Land 22 assigned by the division of lands to the Department of Transportation and Public 23 Facilities or the Alaska International Airport Authority shall be returned to the 24 management of the division of lands when the land [IT] is no longer needed for the 25 purposes assigned. 26 * Sec. 49. AS 38.05.030 is amended by adding a new subsection to read: 27 (h) Except for land that is required to be returned to the department under (b) 28 of this section, the Alaska International Airport Authority may dispose of real property 29 (1) acquired by the authority under AS 02.40.120, or (2) acquired by the Department 30 of Transportation and Public Facilities under AS 02.15.070 and transferred to the 31 authority under provisions of the Act creating the authority. Land conveyed under this
01 section to a municipality for less than fair market value shall be credited against the 02 municipality's entitlement under AS 29.65. 03 * Sec. 50. AS 39.35 is amended by adding a new section to read: 04 Sec. 39.35.152. ALASKA INTERNATIONAL AIRPORT AUTHORITY 05 EMPLOYEES. (a) An employee of the Alaska International Airport Authority who 06 was an employee of the state on the day before the employee was transferred to the 07 authority under AS 02.40 shall be included in the system. 08 (b) An employee of the Alaska International Airport Authority who is not 09 covered under (a) of this section shall be included in the system on the effective date 10 of the authority's participation in the system for that employee. 11 * Sec. 51. AS 39.50.200(b) is amended by adding a new paragraph to read: 12 (56) Alaska International Airport Authority (AS 02.40.010). 13 * Sec. 52. AS 39.52.960(2) is amended to read: 14 (2) "agency" means a department, office of the governor, or entity in 15 the executive branch, including but not limited to the University of Alaska, public or 16 quasi-public corporations, and boards or commissions, but excluding the Alaska 17 Railroad Corporation and the Alaska International Airport Authority; 18 * Sec. 53. AS 39.52.960(4) is amended to read: 19 (4) "board or commission" means a board, commission, authority, or 20 board of directors of a public or quasi-public corporation, established by statute in the 21 executive branch, but excluding the Alaska Railroad Corporation and the Alaska 22 International Airport Authority; 23 * Sec. 54. AS 39.52.960(12) is amended to read: 24 (12) "instrumentality of the state" means a state agency or 25 administrative unit, whether in the legislative, judicial, or executive branch, including 26 such entities as the University of Alaska, the Alaska Railroad Corporation, the 27 Alaska International Airport Authority, and any public or quasi-public corporations, 28 boards, or commissions; the term includes municipalities; 29 * Sec. 55. AS 44.42.020(a)(7) is amended to read: 30 (7) manage, operate, and maintain state transportation facilities and all 31 docks, floats, breakwaters, and buildings, including all state highways, vessels,
01 railroads, pipelines, and airports [,] and aviation facilities other than airports and 02 aviation facilities managed, operated, and maintained by the Alaska International 03 Airport Authority under AS 02.40; 04 * Sec. 56. AS 44.88.080(25) is amended to read: 05 (25) to make cooperative agreements with the Alaska International 06 Airport Authority [DEPARTMENT OF TRANSPORTATION AND PUBLIC 07 FACILITIES], acting on behalf of the international airports revenue fund established 08 under AS 37.15.430, to acquire, equip, operate, maintain, construct, or install facilities 09 that will enhance the competitiveness of the international airports, including a 10 cooperative agreement to lend amounts from the international airports [AIRPORT] 11 revenue fund to finance the development or improvement of utilities serving the 12 airports. 13 * Sec. 57. TRANSITION. (a) Real and personal property used and controlled by the 14 Anchorage International Airport or the Fairbanks International Airport on the effective date 15 of this subsection shall be transferred to the Alaska International Airport Authority. 16 (b) All employees of the Department of Transportation and Public Facilities assigned 17 to the management, operation, and maintenance of the Anchorage International Airport or the 18 Fairbanks International Airport on the effective date of this subsection shall be transferred to 19 the Alaska International Airport Authority as employees of the authority. 20 (c) Classified state employees transferred to the Alaska International Airport Authority 21 under (b) of this section retain the rights and status of state employees until the expiration 22 dates of the collective bargaining agreements covering those employees that are in effect on 23 the effective date of (b) of this section. 24 (d) The Alaska International Airport Authority is bound by the collective bargaining 25 agreements covering employees transferred to the authority under (b) of this section for the 26 terms of the agreements. 27 (e) Notwithstanding AS 02.40.900(a), as added by sec. 2 of this Act, and (c) and (d) 28 of this section, the Alaska International Airport Authority shall operate under personnel rules 29 adopted under AS 39 until January 1, 1998, or until the authority adopts its own personnel 30 rules under AS 02.40.100(b), as added by sec. 2 of this Act, whichever occurs first. 31 * Sec. 58. INTERIM MANAGEMENT OF THE INTERNATIONAL AIRPORTS. (a)
01 Notwithstanding other provisions of this Act, until the board of directors of the Alaska 02 International Airport Authority convenes its first meeting, the commissioner of transportation 03 and public facilities shall manage the state-owned and state-operated international airports at 04 Anchorage and Fairbanks under applicable laws that are in effect on the day before the 05 effective date of sec. 1 of this Act. 06 (b) Notwithstanding AS 02.40.060, as added by sec. 2 of this Act, the commissioner 07 of transportation and public facilities is the chair pro tempore of the board of directors of the 08 Alaska International Airport Authority until the board elects a chair from among its members 09 at its first meeting. 10 (c) The board of directors of the Alaska International Airport Authority shall convene 11 its first meeting after appointment of at least five members, including the two members 12 appointed under AS 02.40.020(a)(1), as added by sec. 2 of this Act, and the two members 13 appointed under AS 02.40.020(a)(2), as added by sec. 2 of this Act. 14 * Sec. 59. INITIAL APPOINTMENTS. (a) Notwithstanding AS 02.40.020, as added by 15 sec. 2 of this Act, one person initially appointed to serve on the board of directors of the 16 Alaska International Airport Authority under AS 02.40.020(a)(1) shall serve as a member of 17 the board until December 31, 1998, and the other person initially appointed to serve on the 18 board under AS 02.40.020(a)(1) shall serve as a member of the board until December 31, 19 2000. 20 (b) Notwithstanding AS 02.40.020, as added by sec. 2 of this Act, the person initially 21 appointed to serve on the board of directors of the Alaska International Airport Authority 22 under AS 02.40.020(a)(2) shall serve as a member of the board until December 31, 1998, and 23 the other person initially appointed to serve on the board of directors of the Alaska 24 International Airport Authority under AS 02.40.020(a)(2) shall serve as a member of the board 25 until December 31, 2000. 26 (c) Notwithstanding AS 02.40.020, as added by sec. 2 of this Act, two persons initially 27 appointed to serve on the board of directors of the Alaska International Airport Authority 28 under AS 02.40.020(a)(3) shall serve as members of the board until December 31, 1999, and 29 the other person initially appointed to serve on the board of directors of the Alaska 30 International Airport Authority under AS 02.40.020(a)(3) shall serve as a member of the board 31 until December 31, 1997. The governor shall designate which initial term a person appointed
01 under AS 02.40.020(a)(3) shall serve under this subsection. 02 * Sec. 60. TRANSFER OF RESPONSIBILITY FOR INTERNATIONAL AIRPORTS 03 REVENUE BONDS. All rights, duties, powers, obligations, and authorities of the state bond 04 committee in regard to international airports revenue bonds under AS 37.15.410 - 37.15.550 05 are transferred to the Alaska International Airport Authority. 06 * Sec. 61. SAVINGS CLAUSE. Litigation, hearings, investigations, and other proceedings 07 pending under a law amended or repealed by this Act, or in connection with functions 08 transferred by this Act, continue in effect and may be continued and completed 09 notwithstanding a transfer or amendment or repeal provided for by this Act. Regulations 10 adopted under authority of a law amended or repealed by this Act remain in effect for the 11 term adopted or until repealed or otherwise amended under the provisions of this Act. 12 * Sec. 62. AS 02.15.091, 02.15.260(13); and AS 39.25.120(c)(14) are repealed. 13 * Sec. 63. AS 37.15.550(5), 37.15.550(6), and 37.15.550(7) are repealed. 14 * Sec. 64. AS 02.40.900 and 02.40.910, as added by sec. 2 of this Act, and secs. 55, 57, 15 and 62 of this Act take effect on the day on which the board of directors of the Alaska 16 International Airport Authority convenes its first meeting. The commissioner of transportation 17 and public facilities shall inform the revisor of statutes of the date on which the board of 18 directors of the Alaska International Airport Authority convenes its first meeting. 19 * Sec. 65. AS 02.40.350, as added by sec. 2 of this Act, and secs. 32 - 47, 56, 60, and 63 20 of this Act take effect on January 1 of the calendar year following the calendar year in which 21 the board of directors of the Alaska International Airport Authority convenes its first meeting. 22 The commissioner of transportation and public facilities shall inform the revisor of statutes 23 of the date on which the board of directors of the Alaska International Airport Authority 24 convenes its first meeting. 25 * Sec. 66. Except as provided by secs. 64 and 65 of this Act, this Act takes effect July 1, 26 1996.