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SENATE BILL NO. 170
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - SECOND SESSION
BY THE SENATE TRANSPORTATION COMMITTEE
Introduced: 1/21/22
Referred: Transportation, Labor and Commerce, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the Alaska marine highway system; establishing the Alaska Marine
2 Highway Corporation; and providing for an effective date."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
5 to read:
6 FINDINGS AND PURPOSES. (a) The legislature finds that
7 (1) the Alaska marine highway system is an essential part of the state
8 transportation system and warrants continued and predictable state support;
9 (2) the economies of many communities in the state depend on a steady and
10 stable marine highway system level of service;
11 (3) many state residents depend on the Alaska marine highway system to meet
12 basic human needs, including access to food and medical care;
13 (4) the Alaska marine highway system is necessary to connect coastal
14 communities that cannot be connected by roads or bridges;
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1 (5) the state's tourism industry is greatly enhanced by a dependable marine
2 highway system; and
3 (6) efficient and prudent management of the Alaska marine highway system
4 will benefit the state's economy and foster economic development.
5 (b) The purposes of establishing the Alaska Marine Highway Corporation are to
6 (1) enable the Alaska marine highway system to manage the system and
7 operate in a manner that will enhance performance and accountability by allowing the system
8 to account for and spend its generated revenue;
9 (2) provide the management tools necessary to efficiently operate the Alaska
10 marine highway system;
11 (3) provide for, within constitutional limits, a predictable funding base for the
12 operations of the Alaska marine highway system;
13 (4) provide for predictability and stability in the service level furnished to
14 communities served by the Alaska marine highway system through accurate planning and
15 scheduling;
16 (5) encourage prudent administration through cost management, long-term
17 planning, and accurate budgeting;
18 (6) increase revenue from the operation of the Alaska marine highway system
19 consistent with the public interest;
20 (7) meet the obligation to provide for public welfare set out in art. VII, sec. 5,
21 of the Constitution of the State of Alaska.
22 * Sec. 2. AS 12.05.020 is amended to read:
23 Sec. 12.05.020. Offenses committed on aircraft or ferries and other
24 watercraft owned or operated by the state. A person may be prosecuted under the
25 laws of this state for an offense committed on or against an aircraft owned or operated
26 by the state or a ferry or other watercraft owned or operated by the state, including the
27 Alaska Marine Highway Corporation, even if the aircraft, ferry, or watercraft is in
28 airspace or water outside the state when the offense is alleged to have occurred. This
29 jurisdiction is in addition to that provided by AS 44.03 and any other jurisdictional
30 basis expressed or implied in law.
31 * Sec. 3. AS 19.10.399(8) is amended to read:
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1 (8) "highway" means the entire width between the boundary lines of
2 every way that is publicly maintained when a part of it is open to the public for
3 purposes of vehicular travel, including [BUT NOT LIMITED TO] every street and the
4 Alaska [STATE] marine highway system but not vehicular ways or areas;
5 * Sec. 4. AS 23.05.360(f) is amended to read:
6 (f) For purposes of holding hearings, the members of the board sit in panels of
7 three members. The chair designates the panel that will consider a matter. Each panel
8 must include a representative of management, a representative of labor, and a
9 representative from the general public. A member of one panel may serve on the other
10 panel when the chair considers it necessary for the prompt administration of
11 AS 23.40.070 - 23.40.260 (Public Employment Relations Act), [OR] AS 42.40
12 (Alaska Railroad Corporation Act), or AS 42.50 (Alaska Marine Highway
13 Corporation Act).
14 * Sec. 5. AS 23.05.370(a) is amended to read:
15 (a) The agency shall
16 (1) establish its own rules of procedure;
17 (2) exercise general supervision and direct the activities of staff
18 assigned to it by the department;
19 (3) prepare and submit to the governor an annual report on labor
20 relations problems it has encountered during the previous year, including
21 recommendations for legislative action; the agency shall notify the legislature that the
22 report is available;
23 (4) serve as the labor relations agency under AS 23.40.070 - 23.40.260
24 (Public Employment Relations Act) and carry out the functions specified in that Act;
25 [AND]
26 (5) serve as the railroad labor relations agency for the Alaska Railroad
27 under AS 42.40 (Alaska Railroad Corporation Act) and carry out the functions
28 specified in that Act; and
29 (6) at the request of the Alaska Marine Highway Corporation,
30 serve as the labor relations agency for the Alaska marine highway system under
31 AS 42.50 (Alaska Marine Highway Corporation Act) and carry out the functions
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1 specified in that Act.
2 * Sec. 6. AS 23.40.040 is amended to read:
3 Sec. 23.40.040. Collective bargaining agreement. The corporation
4 [COMMISSIONER OF TRANSPORTATION AND PUBLIC FACILITIES] or an
5 authorized representative, in accordance with AS 23.40.020 and 23.40.030
6 [AS 23.40.020 - 23.40.030], may negotiate and enter into collective bargaining
7 agreements concerning wages, hours, working conditions, and other employment
8 benefits with the employees of the corporation [DIVISION OF MARINE
9 TRANSPORTATION] engaged in operating the state ferry system as masters or
10 members of the crews of vessels, or with other employees of the corporation, or
11 their bargaining agent. A collective bargaining agreement is not final without the
12 concurrence of the board of directors of the corporation [COMMISSIONER OF
13 TRANSPORTATION AND PUBLIC FACILITIES]. The corporation
14 [COMMISSIONER OF TRANSPORTATION AND PUBLIC FACILITIES] may
15 make provision in the collective bargaining agreement for the settlement of labor
16 disputes by arbitration. In this section, "corporation" means the Alaska Marine
17 Highway Corporation established by AS 42.50.010.
18 * Sec. 7. AS 28.90.990(a)(15) is amended to read:
19 (15) "highway" means the entire width between the boundary lines of
20 every way that is publicly maintained when a part of it is open to the public for
21 purposes of vehicular travel, including [BUT NOT LIMITED TO] every street and the
22 Alaska [STATE] marine highway system but not vehicular ways or areas;
23 * Sec. 8. AS 29.35.722 is amended to read:
24 Sec. 29.35.722. Ownership or operation of certain state facilities
25 prohibited. The state may not, without the approval of the legislature,
26 (1) convey or transfer the [ALASKA MARINE HIGHWAY
27 SYSTEM, THE] Anchorage or Fairbanks international airports, or any other state
28 asset, except undeveloped state land as provided in AS 38.05.810 or surplused
29 property, to an authority; or
30 (2) enter into an agreement with an authority under which the authority
31 would operate the [ALASKA MARINE HIGHWAY SYSTEM, THE] Anchorage or
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1 Fairbanks international airports, or any other state facility, system, or function that
2 employs one or more employees.
3 * Sec. 9. AS 35.27.030(1) is amended to read:
4 (1) "building" or "facility" means a permanent improvement
5 constructed by the department or the corporation; "building" or "facility" [; THE
6 TERM]
7 (A) includes [, BUT IS NOT LIMITED TO,]
8 (i) schools, office buildings, and court buildings;
9 (ii) other buildings [WHICH] the commissioner
10 determines are designed for substantial public use;
11 (iii) [BOATS AND VESSELS OF THE MARINE
12 HIGHWAY SYSTEM;
13 (iv)] transportation facilities that [WHICH]
14 accommodate traveling passengers;
15 (B) excludes other transportation facilities and boats and
16 vessels of the Alaska marine highway system;
17 * Sec. 10. AS 35.27.030 is amended by adding new paragraphs to read:
18 (3) "Alaska marine highway system" has the meaning given in
19 AS 42.50.990;
20 (4) "corporation" means the Alaska Marine Highway Corporation
21 established by AS 42.50.010.
22 * Sec. 11. AS 36.30.990(1) is amended to read:
23 (1) "agency"
24 (A) means a department, institution, board, commission,
25 division, authority, public corporation, the Alaska Pioneers' Home, the Alaska
26 Veterans' Home, or other administrative unit of the executive branch of state
27 government;
28 (B) does not include
29 (i) the University of Alaska;
30 (ii) the Alaska Railroad Corporation;
31 (iii) the Alaska Housing Finance Corporation;
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1 (iv) a regional Native housing authority created under
2 AS 18.55.996 or a regional electrical authority created under
3 AS 18.57.020;
4 (v) [THE DEPARTMENT OF TRANSPORTATION
5 AND PUBLIC FACILITIES, IN REGARD TO THE REPAIR,
6 MAINTENANCE, AND RECONSTRUCTION OF VESSELS,
7 DOCKING FACILITIES, AND PASSENGER AND VEHICLE
8 TRANSFER FACILITIES OF THE ALASKA MARINE HIGHWAY
9 SYSTEM;
10 (vi)] the Alaska Aerospace Corporation;
11 (vi) [(vii)] the Alaska Retirement Management Board;
12 (vii) [(viii)] the Alaska Seafood Marketing Institute;
13 (viii) [(ix)] the Alaska children's trust and the Alaska
14 Children's Trust Board;
15 (ix) [(x)] the Alaska Industrial Development and Export
16 Authority;
17 (x) the Alaska Marine Highway Corporation;
18 * Sec. 12. AS 39.20.310 is amended to read:
19 Sec. 39.20.310. Exceptions. Except as provided in AS 39.20.275,
20 AS 39.20.200 - 39.20.330 do not apply to
21 (1) members of the state legislature, the governor, the lieutenant
22 governor, and justices and judges of the supreme and superior courts and of the court
23 of appeals, but nothing in AS 39.20.200 - 39.20.330 may be construed to diminish the
24 salaries fixed by law for these officers by reason of absence from duty on account of
25 illness or otherwise;
26 (2) magistrates serving the state on less than a full-time basis;
27 (3) officers, members of the teaching staff, and employees of the
28 University of Alaska;
29 (4) persons employed in a professional capacity to make a temporary
30 and special inquiry, study, or examination as authorized by the governor, the
31 legislature, or a legislative committee;
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1 (5) members of boards, commissions, and authorities who are not
2 otherwise employed by the state;
3 (6) temporary employees hired for periods of less than 12 consecutive
4 months;
5 (7) persons employed by the Alaska Marine Highway Corporation
6 [DIVISION OF MARINE TRANSPORTATION] as masters and members of the
7 crews operating the Alaska marine highway [STATE FERRY] system or other
8 employees of the Alaska Marine Highway Corporation who are covered by
9 collective bargaining agreements as provided in AS 23.40.040, except as expressly
10 provided by law;
11 (8) persons employed by the state who are covered by collective
12 bargaining agreements as provided in AS 23.40.210, except as expressly provided by
13 law.
14 * Sec. 13. AS 39.25.110(16) is amended to read:
15 (16) persons employed by the Alaska Marine Highway Corporation
16 [DIVISION OF MARINE TRANSPORTATION AS MASTERS AND MEMBERS
17 OF THE CREWS OF VESSELS WHO OPERATE THE STATE FERRY SYSTEM
18 AND WHO ARE COVERED BY A COLLECTIVE BARGAINING AGREEMENT
19 PROVIDED IN AS 23.40.040];
20 * Sec. 14. AS 39.35.680(22) is amended to read:
21 (22) "member" or "employee"
22 (A) means a person eligible to participate in the plan and who
23 is covered by the plan;
24 (B) includes
25 (i) an active member;
26 (ii) an inactive member;
27 (iii) a vested member;
28 (iv) a deferred vested member;
29 (v) a nonvested member;
30 (vi) a disabled member;
31 (vii) a retired member;
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1 (viii) an elected public officer under AS 39.35.381;
2 (C) does not include
3 (i) former members;
4 (ii) persons compensated on a contractual or fee basis;
5 (iii) casual or emergency workers or nonpermanent
6 employees as defined in AS 39.25.200;
7 (iv) persons covered by the Alaska Teachers'
8 Retirement System except as provided under AS 39.35.131 and
9 39.35.381, or persons covered by a university retirement program;
10 (v) employees of the Alaska Marine Highway
11 Corporation [DIVISION OF MARINE TRANSPORTATION]
12 engaged in operating the Alaska marine highway [STATE FERRY]
13 system who are covered by a union or group retirement system to
14