AS Title 19, Chapter 75: Knik Arm Bridge and Toll Authority

Article 1. Establishment and Organization. Chapter 75. Knik Arm Bridge and Toll Authority. Sec. 19.75.011. Purpose. The purpose of the authority created by this chapter is to develop, stimulate, and advance the economic welfare of the state and further the development of public transportation systems in the vicinity of the Upper Cook Inlet with operation and management of a bridge to span Knik Arm and connect the Municipality of Anchorage and the Matanuska-Susitna Borough. Sec. 19.75.021. Establishment of authority. (a) There is established the Knik Arm Bridge and Toll Authority. The authority is a public corporation and an instrumentality of the state within the Department of Transportation and Public Facilities, but the authority has a separate and independent legal existence from the state. The exercise by the authority of the powers in this chapter is considered an essential governmental function of the state. (b) The authority may not be terminated as long as it has notes or other obligations outstanding, including obligations under an agreement with the state as provided in AS 37.15.225 . Upon termination of the authority, its rights and property pass to the state. Sec. 19.75.031. Board of directors of authority. (a) The authority shall be governed by a board of directors consisting of the following: (1) the commissioner of transportation and public facilities or the commissioner's designee; (2) the commissioner of revenue or the commissioner's designee; (3) one public member, appointed by the governor, who is a state resident and United States citizen; (4) one public member, appointed by the governor, who is a resident of the Municipality of Anchorage and who has knowledge of local transportation issues; (5) one public member, appointed by the governor, who is a resident of the Matanuska-Susitna Borough and who has knowledge of local transportation issues; (6) one nonvoting member who is a member of the state house of representatives appointed by the speaker of the house and who serves at the pleasure of the speaker of the house; the speaker of the house shall consider the appointment of a legislator elected from a house district that lies entirely or partially within the Municipality of Anchorage or the Matanuska-Susitna Borough for appointment under this paragraph; and (7) one nonvoting member who is a member of the state senate appointed by the president of the senate and who serves at the pleasure of the president of the senate; the president of the senate shall consider the appointment of a senator elected from a senate district that lies entirely or partially within the Municipality of Anchorage or the Matanuska-Susitna Borough for appointment under this paragraph. (b) The public members of the board shall serve for staggered terms of five years and may be reappointed to a single successive five-year term. A public member may only be removed for cause. (c) If a vacancy occurs in a public member's seat on the board, the governor shall make an appointment, effective immediately, for the unexpired portion of that member's term. Sec. 19.75.041. Operation of authority. (a) The powers of the authority are vested in the board. (b) Three voting members of the board constitute a quorum. (c) The governor shall designate one member of the board to serve as the chair of the board. The voting members of the board shall elect other officers they determine desirable. (d) Action may be taken and motions and resolutions adopted by the board at a meeting by the affirmative vote of at least three voting members. (e) The public members of the board shall receive a stipend of $300 a day while performing business of the authority. (f) The members of the board serving under AS 19.75.031 (a)(1), (2), (6), and (7) serve without compensation but are entitled to per diem and travel expenses authorized by law under AS 39.20.180 . Sec. 19.75.051. Executive director. The authority shall employ an executive director who may not be a member of the board. The executive director shall serve at the pleasure of the board. The board shall establish the duties and compensation of the executive director. Sec. 19.75.061. Employment of personnel. The executive director may hire employees of the authority. The board shall prescribe the duties and compensation of authority employees. Sec. 19.75.071. Personnel exempt from State Personnel Act. The executive director and employees of the authority are in the exempt service under AS 39.25 (State Personnel Act). Sec. 19.75.076. Application of the Executive Budget Act. The operating budget of the authority is subject to AS 37.07 (Executive Budget Act). Sec. 19.75.081. Legal advisor. The attorney general is the legal counsel for the authority. The attorney general shall advise the authority in legal matters and represent it in suits. Article 2. Powers and Duties. Sec. 19.75.111. Powers and duties of the authority. (a) In furtherance of its purposes, the authority may (1) operate the Knik Arm bridge and its appurtenant facilities; (2) sue and be sued; (3) adopt a seal; (4) adopt, amend, and repeal regulations under AS 44.62 and establish bylaws; (5) make and execute agreements, contracts, and all other instruments with any public or private person, the state or another governmental unit or agency, corporation, or other business entity lawfully conducting business in the United States for the exercise of its powers and functions under this chapter and for the operation of facilities, properties, or projects of the authority, including making and executing contracts with any person, firm, corporation, the state or another governmental agency, or other entity; (6) in its own name acquire, lease, rent, sell, or convey real and personal property; (7) apply for and accept gifts, grants, or loans from a federal agency or an agency or instrumentality of the state, or from a municipality, private organization, or other source, including obtaining title to state, local government, or privately owned land, directly or through a department of the state having jurisdiction of the land; (8) collect fees, rents, tolls, rates, or other charges for the use of the Knik Arm bridge and appurtenant facilities; (9) bring civil actions, refer criminal actions to the appropriate authority, and take other actions or enter into agreements with law enforcement and collection agencies to enforce the collection of its fees, rents, tolls, rates, other charges, penalties, and other obligations; (10) pledge, encumber, transfer, or otherwise obligate revenue derived by the authority from the ownership, use, or operation of toll facilities, including fees, rents, tolls, rates, charges, or other revenue of the authority or money that the legislature may appropriate, except a state tax or license, as security for indebtedness or agreements of the authority or for bonds or other indebtedness or agreements of the state on a senior, parity, or subordinate lien basis; (11) deposit or invest its funds; (12) procure insurance against any loss in connection with its operation; (13) contract for and engage the services of consultants, experts, and financial and technical advisors that the authority considers necessary for the exercise of its powers and functions under this chapter; (14) confer with municipal and other governments, metropolitan planning organizations, and the department, concerning the Knik Arm bridge; (15) do all acts and things necessary to carry out the powers expressly granted in this chapter. (b) The authority shall (1) prepare an annual report of its operations to include a balance sheet, an income statement, a statement of changes in financial position, a reconciliation of changes in equity accounts, a summary of significant accounting principles, an auditor's report, comments regarding the year's business, and prospects for the next year; the report shall be completed by the third day of each regular session of the legislature, and the authority shall notify the governor, the commissioner of the department, the presiding officers of each house of the legislature, and the Legislative Budget and Audit Committee that the report is available; (2) comply with the provisions of AS 37.07 (Executive Budget Act), except that AS 37.07 does not apply to the activities of the authority that relate to the authority's borrowing of money as provided in this chapter; (3) establish a personnel management system for hiring employees and setting employee-benefit packages; (4) establish procedures, rules, and rates governing per diem and travel expenses of the employees of the authority in substantial conformity to statutes, procedures, rules, and rates applicable to state employees of similar state entities; (5) coordinate the exercise of its power to operate the Knik Arm bridge with the department, and with the mayors of the Municipality of Anchorage and the Matanuska-Susitna Borough. Sec. 19.75.113. Assets, funds, and revenue of the authority. (a) The Department of Revenue shall separately account for all funds, assets, and revenue of the authority. (b) The deposit or investment of money in the authority's funds may be made as the board determines. The interest earned on or profits derived from the deposit, investment, or sale of an investment by the authority are funds of the authority. Secs. 19.75.211 — 19.75.251. Bonds of the authority; trust indentures and trust agreements; funds and reserves; validity of pledge; nonliability on bonds; pledge of the state. [Repealed, § 13 ch 51 SLA 2014.] Sec. 19.75.261. Exemption from taxation. The real and personal property of the authority and its assets, income, and receipts are declared to be the property of a political subdivision of the state and are exempt from all taxes and special assessments of the state or a political subdivision of the state. Nothing in this section affects or limits an exemption from license fees, property taxes, or excise, income, or other taxes provided under any other law, nor does it create a tax exemption with respect to the interest of any business enterprise or other person, other than the authority, in any property, assets, income, receipts, project, or lease, regardless of whether financed under this chapter. Sec. 19.75.271. Bonds legal investments for fiduciaries. [Repealed, § 13 ch 51 SLA 2014.] Sec. 19.75.281. Audit. The legislative auditor annually shall audit, or cause to have audited, the financial records of the authority. The legislative auditor may prescribe the form and content of the financial records of the authority and shall have access to these records at any reasonable time. Sec. 19.75.291. State appropriations for Knik Arm bridge and appurtenant facilities not affected. This chapter does not prevent the state from making appropriations for or in aid of the operation of the Knik Arm bridge and its appurtenant facilities. Sec. 19.75.301. Insurance. The authority shall keep in force public liability insurance in an amount reasonably calculated to cover potential claims for bodily injury, death or disability, and property damage that may arise from or be related to its operation and activities, naming the state as an additional insured. Sec. 19.75.311. Safeguarding of money. The authority shall maximize revenue from and deposit all money in depositories acceptable to the commissioner of revenue and otherwise safeguard the money under instructions as the commissioner of revenue may from time to time issue. Sec. 19.75.321. Fidelity bond. The authority shall obtain a fidelity bond in an amount determined by the board, for the members of the board and any official responsible for authority accounts and finances. A bond must be in effect for the tenure of the bonded person. Secs. 19.75.330 — 19.75. 340. Bond terms; bond resolution; enforcement by holder; bond negotiability; refunding; bonds as legal investments. [Repealed, § 13 ch 51 SLA 2014.] Sec. 19.75.360. Transfer of Knik Arm bridge. If the department constructs the Knik Arm bridge and appurtenant facilities, the department shall transfer control of the bridge and appurtenant facilities to the authority, and the authority shall operate the bridge and appurtenant facilities. After the transfer of control, the department retains ownership of the bridge, appurtenant facilities, and real property, and retains the power to reconstruct, equip, extend, maintain, or improve the bridge and appurtenant facilities. Article 3. General Provisions. Sec. 19.75.911. Exemption from local regulation. Notwithstanding any contrary provision of law, the activities of the authority are exempt from land use planning, zoning, permitting, or other similar governmental powers of political subdivisions of the state. Sec. 19.75.915. Liability for payment of tolls and other charges. The owner of a vehicle using a bridge or facility managed by the authority for which a toll, fee, rate, or other charge is imposed is liable for the payment of the toll, fee, rate, or other charge solely because of the vehicle ownership, unless the vehicle, except a rental vehicle, is used without the owner's knowledge and incurs the toll, fee, rate, or other charge during operation. Sec. 19.75.920. Statutory construction. [Repealed, § 13 ch 51 SLA 2014.] Sec. 19.75.980. Definitions. In this chapter, except as otherwise provided and unless the context requires otherwise, (1) “authority” means the Knik Arm Bridge and Toll Authority; (2) “board” means the board of directors of the authority; (3) “department” means the Department of Transportation and Public Facilities; (4) [Repealed, § 22 ch 61 SLA 2015.] Sec. 19.75.990. Short title. This chapter may be cited as the Knik Arm Bridge and Toll Authority Act.