AS Title 19, Chapter 65: Alaska Marine Highway System

Article 1. Comprehensive Plan, Vessels, and Facilities. Chapter 65. Alaska Marine Highway System. Sec. 19.65.010. Duty station or port change for employees of the Alaska marine highway system. [Repealed, § 52 ch 59 SLA 1982.] Sec. 19.65.011. Short-term and comprehensive long-range plans. The Department of Transportation and Public Facilities, in consultation with the Alaska Marine Highway Operations Board, shall prepare a short-term plan and a comprehensive long-range plan for the development and improvement of the Alaska marine highway system and shall, in consultation with the Alaska Marine Highway Operations Board, revise and update the short-term plan annually and the comprehensive long-range plan at least every five years. The short-term plan must describe the means by which effective and efficient progress toward priorities and goals defined in the comprehensive long-range plan will be attained, must include recommendations for the state operating and capital budgets, and must include a description of skill or competency gaps in the membership of the Alaska Marine Highway Operations Board. The comprehensive long-range plan must include priorities and goals for the Alaska marine highway system and a proposed strategic maintenance and vessel replacement plan and may recommend performance measures, including output, efficiency, and effectiveness measures. The department shall submit both the short-term and the comprehensive long-range plans and revisions and updates of the plans to the legislature and the governor and make the plans available to the public. Sec. 19.65.020. Naming of vessel or facility. (a) A vessel or facility of the Alaska marine highway system constructed or acquired by the Department of Transportation and Public Facilities under this chapter may be given a name only by law. (b) A maritime vessel shall bear the name of an Alaska glacier. (c) A vessel used principally on the inland waterways of the state shall bear the name of a historical vessel which used the rivers of the state. (d) The new maritime vessel to be delivered to the Alaska marine highway system in 1998 is named the Motor Vessel Kennicott. (e) The Motor Vessel Fairweather and the Motor Vessel Chenega are authorized names for state ferries first operating as part of the Alaska marine highway system on or after August 8, 2002. The commissioner of transportation and public facilities shall select between the names for the one most appropriate to the route served by the ferry and shall publicly announce the selection. (f) The Motor Vessel Lituya is the authorized name for the state ferry first operating as part of the Alaska marine highway system to serve between Metlakatla and Ketchikan on or after August 9, 2003. (g) The Motor Vessel Tazlina and the Motor Vessel Hubbard are authorized names for the state ferries first entering Alaska marine highway system service on or after 2017. Sec. 19.65.025. Vessel design and construction. [Repealed, § 43 ch 128 SLA 1994.] Sec. 19.65.030. Acquisition and maintenance of ferry terminal facilities. (a) The department shall construct, purchase, or lease ferry terminal facilities at locations it selects for the loading and unloading of passengers, and vehicles under their own power, on and off ferries. The department shall repair and maintain these facilities. Construction and purchasing under this subsection are governed by AS 36.30 (State Procurement Code). (b) The department may connect ferry terminal facilities with local highway systems. (c) The department may adopt regulations governing the use of ferry terminal facilities by the public that it considers necessary and proper in the public interest. The department may charge a fee for the use of ferry terminal facilities, whether the use is under a permit or otherwise, and whether it is by one or more individuals. (d) A person may construct a ferry terminal facility upon obtaining the approval of the department as to its location. A ferry terminal facility constructed by a person other than the department is subject to reasonable regulations governing its use that the department considers necessary and proper in the public interest. (e) A ferry terminal facility may not be constructed without the approval of the department. (f) A ferry terminal facility in existence and serving the public on January 1, 1959, is not affected by this section. (g) In this section (1) “department” means the Department of Transportation and Public Facilities; (2) “ferry” means a vessel used in the common carriage of passengers and self-propelled vehicles in intrastate commerce. Sec. 19.65.035. Transportation of members of the Alaska organized militia. To the extent that space is available, the commissioner of transportation and public facilities shall provide free transportation on vessels of the Alaska marine highway system for a member of the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force who is en route to or from drill, training, or other official militia activities. Article 2. Alaska Marine Highway System Fund and Budget. Sec. 19.65.050. Legislative findings, purpose, and intent. (a) The legislature finds that (1) the Alaska marine highway system is an essential part of the state transportation system, and that it warrants continued and predictable state support; (2) many communities' economies are dependent on a steady and stable marine highway system service level; (3) the state's tourism industry is greatly enhanced by a dependable marine highway transportation network; and (4) efficient and prudent management of the system will benefit the state's economy and foster economic development. (b) It is the purpose of AS 19.65.050 — 19.65.100 to (1) enable the Alaska marine highway system to manage and operate in a manner that will enhance performance and accountability by allowing the system to account for and spend its generated revenue; (2) provide the management tools necessary to efficiently operate the Alaska marine highway system; (3) within constitutional constraints, provide for a predictable funding base for system operations; and (4) provide for predictability and stability in the service level furnished to communities served by the system. (c) It is the intent of AS 19.65.050 — 19.65.100 to (1) encourage prudent administration through cost management and accurate budgeting by managers of the Alaska marine highway system; (2) increase revenue from the operation of the system consistent with the public interest, increase service consistent with sound fiscal policy, and assist the prudent management and operation of the system; and (3) achieve stability in the level of service communities can anticipate through accurate planning and scheduling. Sec. 19.65.060. Alaska marine highway system fund. (a) The Alaska marine highway system fund is established as a separate fund in the state treasury, into which shall be deposited (1) the gross revenue of the Alaska marine highway system; (2) money that is appropriated to the Alaska marine highway system fund by the legislature in an amount that is consistent from year to year and is the amount necessary, after consideration of gross revenue, to provide stable services to the public consistent with the provisions of AS 19.65.050 (b)(4), which appropriations are not one-year appropriations and the balances of which do not lapse under AS 37.25.010 ; and (3) any other money that is appropriated to the Alaska marine highway system fund by the legislature, which appropriations are not one-year appropriations and the balances of which do not lapse under AS 37.25.010 . (b) Nothing in this chapter exempts money deposited into the Alaska marine highway system fund from the requirements of AS 37.07 (Executive Budget Act) or dedicates that money for a specific purpose. Sec. 19.65.070. Revenue accounting. (a) The Alaska marine highway system shall account for and remit to the Department of Revenue in accordance with AS 37.10.050 all gross revenue generated from the operation of the Alaska marine highway system during each annual operating cycle. The money shall then be deposited in the Alaska marine highway system fund. (b) The Alaska marine highway system shall prepare a written report, no later than the 10th day of each regular legislative session, regarding the previous annual operating cycle and notify the legislature that the report is available. The report must identify (1) gross revenue generated during the previous annual operating cycle; (2) gross revenue generated during the current annual operating cycle and an estimate of gross revenue for the remainder of the current annual operating cycle; (3) projections of the gross revenue to be generated during the next annual operating cycle; and (4) the difference between previous gross revenue estimates prepared under this section and the revenues actually generated. (c) The Department of Revenue shall prepare a written report, no later than the 10th legislative day of each regular legislative session, regarding the earnings on gross revenue of the Alaska marine highway system that was deposited into the Alaska marine highway system fund during the prior fiscal year and projected earnings on gross revenue of the Alaska marine highway system that is projected to be deposited into the Alaska marine highway system fund for the current fiscal year and the next fiscal year. The Department of Revenue shall notify the legislature that the report is available. Sec. 19.65.080. Annual appropriation. (a) Commencing with appropriations for the fiscal year that begins July 1, 1991, on an annual basis and under AS 37.07 (Executive Budget Act), the legislature may appropriate amounts from the Alaska marine highway system fund to the Alaska marine highway system. (b) The Department of Transportation and Public Facilities may request the legislature to appropriate money from the Alaska marine highway system fund to the marine highway system for capital improvements, if (1) the appropriation under (a) of this section has been made; (2) the amount in the fund, without regard to the appropriation under (a) of this section, exceeds the total of gross revenue deposited in the fund and the general fund appropriations under AS 19.65.060 (a)(2) by 10 percent; and (3) the amount requested for appropriation under this subsection does not exceed 50 percent of the balance remaining after the appropriation for annual management and operations is made under (a) of this section. (c) The unexpended and unobligated balance of money appropriated from the Alaska marine highway system fund lapses into the Alaska marine highway system fund at the end of the fiscal year for which it was appropriated. Sec. 19.65.100. Definitions. In AS 19.65.050 — 19.65.100, (1) “annual operating cycle” means the annual state fiscal year beginning on July 1 and ending at midnight on the following June 30; (2) “gross revenue” means all money, except money refunded to ticket holders and others for unused services, that is generated from the operation of the Alaska marine highway system, including that derived from vessel operations and uses of Alaska marine highway system facilities. Article 3. Alaska Marine Highway Operations Board. Sec. 19.65.110. Alaska Marine Highway Operations Board. There is established in the Department of Transportation and Public Facilities the Alaska Marine Highway Operations Board. Sec. 19.65.120. Board composition. (a) The board is composed of the deputy commissioner of transportation and public facilities assigned to the Alaska marine highway system and the following eight public members, each of whom must be a resident of the state: (1) one representative, who may be retired, of a recognized union that represents employees of the Alaska marine highway system, appointed by the governor; (2) one representative of an Alaska Native organization or tribe who is from a community served by the Alaska marine highway system, appointed by the governor; (3) six public members (A) who collectively have experience in enterprise, architecture, business operations, financial management, risk management, logistics, supply chain management, engineering, project management and controls, marine operations, strategy, regulatory compliance, ship maintenance, construction, and repair, quality management, continuous improvement, sales, marketing, communications, customer interface, or experience management; (B) two of whom are appointed by the governor, two of whom are appointed by the speaker of the house of representatives and who serve at the pleasure of the speaker of the house of representatives, and two of whom are appointed by the president of the senate and who serve at the pleasure of the president of the senate. (b) [Repealed, § 11 ch 20 SLA 2021.] (c) The members of the board, except for the deputy commissioner of transportation and public facilities, shall serve staggered six-year terms. If a vacancy arises on the board, the governor, the president of the senate, or the speaker of the house of representatives, as applicable, shall, within 30 days after the vacancy arises, appoint a person to serve the balance of the unexpired term. A person appointed to fill the balance of an unexpired term shall serve on the board from the date of appointment until the expiration of the term. (d) A majority of the membership of the board may remove a member, except for the deputy commissioner of transportation and public facilities, if that member misses more than two meetings in a calendar year and has not been previously excused. Sec. 19.65.130. Officers and quorum. The members of the board shall select a chair and a vice-chair from among the members of the board each year. The vice-chair presides over meetings in the absence of the chair. A majority of the members of the board constitutes a quorum. A vacancy in the board does not impair the right of a quorum to exercise all the powers and perform all the duties of the board. Sec. 19.65.140. Meetings. The board shall meet at least four times each year. Meetings may be called by the chair or by a majority of the members of the board. At least one meeting each year must be attended by the board members in person, but all other meetings may be conducted by teleconference. All meetings are open to the public unless an executive session is called based on the criteria in AS 44.62.310 (b). Sec. 19.65.150. Per diem and expenses. Members of the board do not receive a salary, but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 . Sec. 19.65.160. Records. Records of the board are subject to inspection and copying under AS 40.25.110 . Sec. 19.65.170. Legal assistance. The Department of Law shall provide all legal services for the board. Sec. 19.65.180. Powers, duties, and functions. (a) After the commissioner of transportation and public facilities has considered one or more candidates for the position of director or deputy commissioner of the Alaska marine highway system, the commissioner shall confer with the board regarding that candidate or those candidates before making an appointment to that position. The selection of those candidates shall be without regard to political affiliation. (b) The board may establish volunteer regional advisory committees. The purpose of the advisory committees is to provide recommendations to the board regarding concerns from the region of the members who constitute the advisory committee. (c) The board may issue reports and recommendations and shall, in cooperation with the Department of Transportation and Public Facilities, prepare and submit to the department and the governor for review a strategic plan that includes the mission, core values, objectives, initiatives, and performance goals of the Alaska marine highway system. (d) The board may receive information from the department as the board considers necessary to carry out its duties, and the department shall provide information requested by the board in a timely and responsive manner. (e) The board shall provide advice and recommendations to the commissioner of transportation and public facilities concerning the operation and management of the Alaska marine highway system, including advice and recommendations regarding business to enhance revenue and reduce costs, personnel management, commercial service options, ship maintenance, construction, and repair, fleet strategy, reliability, and regulatory compliance, and other service objectives. (f) If the board determines that the Alaska marine highway system has deviated from a plan, policy, or procedure described in the short-term plan or comprehensive long-range plan prepared under AS 19.65.011 , the board may prepare a report recommending corrective action. The board shall submit an electronic report prepared under this subsection to the legislature and the governor and shall make the report available to the public. (g) The board may establish a task force that includes members who are not members of the board and that is tasked with investigating matters relevant to the Alaska marine highway system and reporting to the board. Members of a task force established under this subsection are not entitled to receive a salary, per diem, or travel expenses. (h) The board shall annually submit recommendations to the Department of Transportation and Public Facilities regarding the preparation of the statewide transportation improvement program. Sec. 19.65.190. Staff. The department shall provide staff for the board. Sec. 19.65.195. Definition. In AS 19.65.110 — 19.65.195, “board” means the Alaska Marine Highway Operations Board.