Section 37.10.085. Financial aid to corporations by state or political subdivision.

   (a) Except as provided in AS 14.40.458, (c) or (d) of this section, or AS 37.10.089, neither the state nor a political subdivision of the state may
        (1) make a subscription to the capital stock of a corporation;
        (2) lend its credit for the use of a corporation; or
        (3) borrow money for the use of a corporation.
   (b) This section does not apply to debt issued by a municipality or a municipal joint insurance arrangement under AS 21.76.120.
   (c) To the extent that the political subdivision is authorized to acquire, own, or operate a public utility, it may exercise that power by acquiring and owning, in a manner consistent with law, all of the capital stock of a corporation that owns or operates a public utility. The political subdivision's authority with respect to lending its credit and borrowing money for the use of the corporation is the same as if the political subdivision had acquired the assets of the corporation.
   (d) This section does not apply to
        (1) the financial assistance program established under AS 37.17.500 - 37.17.690; or
        (2) investments of the assets of the public employees' retirement system established under AS 39.35 or the teachers' retirement system established under AS 14.25, to the extent the investments are made in the stocks, bonds, and other securities of
             (A) a corporation licensed under AS 10.13; or
             (B) a corporation attempting to become licensed under AS 10.13 if the corporation intends to use the proceeds to fulfill the tasks necessary to become licensed under AS 10.13.

Authorities

18.26.250;29.47.260;37.10.085;30.17.350;42.40.920;42.45.310;44.88.190

Notes

References

AS 18.26.250 Operation of certain statutes excepted; status of authority.
AS 29.47.260
AS 29.47.260 Applicability of AS 37.10.085.
AS 30.17.350 Operation of certain statutes excepted.
AS 42.40.920 Application of existing laws.
AS 42.45.310 Acquisition of power project.
AS 44.88.190 Operation of certain statutes excepted.

History

(Sec. 4-2-1, 12-1-3 ACLA 1949; am Sec. 5 ch 85 SLA 1989; am Sec. 1, 2 ch 140 SLA 1990; am Sec. 9, 10 ch 133 SLA 1992; am Sec. 4 ch 2 SLA 2004; am Sec. 2 ch 18 SLA 2006; am Sec. 1 ch 48 SLA 2009)