Legislature(1995 - 1996)

04/29/1996 02:10 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE BILL NO. 136                                                           
                                                                               
       "An Act mandating the sale of the  Alaska Railroad; and                 
       providing for an effective date."                                       
                                                                               
  Representative Martin, sponsor  of HB 136, spoke  in support                 
  of  the  legislation.   He  noted that  the  legislation was                 
  introduced in recognition  of the  tenth anniversary of  the                 
  acquisition of the Alaska Railroad.  He emphasized that land                 
  is available for  transferred to  the State of  Alaska.   He                 
  noted  that  the  State paid  the  federal  government $20.0                 
  million dollars for the Alaska Railroad.  He maintained that                 
  the State should assess  what is the value of  the railroad.                 
  The legislation would provide for a commission to assess the                 
  value of the  railroad.  He  noted that the legislation  was                 
  changed from providing  for the  sale of the  railroad to  a                 
  commission evaluating the asset.                                             
                                                                               
  Representative  Martin  referred to  the  fiscal note.   The                 
  fiscal noted  by the House  State Affairs Committee  for the                 
  Department  of  Commerce   and  Economic  Development  would                 
  provide $250.0 thousand dollars.                                             
                                                                               
  In   response  to  a   question  by   Representative  Brown,                 
  Representative Martin noted that  other assets are addressed                 
                                                                               
                                2                                              
                                                                               
                                                                               
  on page 4, lines 17 - 27.                                                    
                                                                               
  Representative Brown  asked the  status of  the accompanying                 
  land.  She asked if the land  would become state land and be                 
  under  existing  procedures  for  disposal  of  state  land.                 
  Representative Martin stated  that the  intent is to  assess                 
  the extent of the assets and their current status.                           
                                                                               
  Representative Brown  suggested  that the  land  would  fall                 
  under  a default  status.   She expressed  concern  that the                 
  Commission would  recommend procedures for  the disposal  to                 
  the State.  She thought that the  State would already be the                 
  owner.  She observed that there are existing contracts.  She                 
  asked if contracts are addressed.                                            
                                                                               
  Representative Martin  referred  to a  memorandum by  George                 
  Utermohle, dated 11/9/92.   He stated  that he did not  know                 
  the  extent of contracts entered into by the Alaska Railroad                 
  Corporation.  He noted that section  (B) on page 5 addresses                 
  contracts.   He reiterated that  the intent is  to determine                 
  what is there.                                                               
                                                                               
  Representative Brown questioned what would happen  to assets                 
  that would not be part of the sale.                                          
                                                                               
  Representative Mulder  pointed out that the  current version                 
  does not mandate  a sale.   The legislation  will created  a                 
  Commission to provide guidance and counsel.                                  
                                                                               
  Representative Brown  referred  to page  4,  line 19.    She                 
  suggested that "recommend procedures for the disposal of" be                 
  changed to  "inventory real  property and  contracts of  the                 
  Alaska Railroad Corporation  that are not necessary  for the                 
  operation  of  the railroad,  and  make recommendations  for                 
  their disposition."   She stressed that the  amendment would                 
  recognize that there  are contracts attached to some  of the                 
  real property that is not necessary for the operation of the                 
  railroad.                                                                    
                                                                               
  Representative  Mulder   questioned  if   the  addition   of                 
  "possible"  before  disposal would  alleviate Representative                 
  Brown's concerns.  Representative Brown  reiterated that her                 
  suggested language would clarify the  section.  She stressed                 
  that the current language refers  to the specific conditions                 
  attached to the sale.                                                        
                                                                               
  Representative Brown  MOVED to delete  "recommend procedures                 
  for the disposal of" and insert "inventory real property and                 
  contracts of the  Alaska Railroad  Corporation that are  not                 
  necessary  for  the  operation  of  the railroad,  and  make                 
  recommendations for  their  disposition."   There  being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
                                3                                              
                                                                               
                                                                               
  Representative Brown  referred to page  2, lines 23  and 24.                 
  She noted that the contract for evaluation is exempt from AS                 
  36.30, Procurement Code.                                                     
                                                                               
  Representative Mulder asked how long  it would take to issue                 
  a request for procurement.  He questioned if the procurement                 
  bid could be finished by the November 1, 1996 target date.                   
                                                                               
  Representative  Martin stressed  that  there  are a  limited                 
  amount of people that specialize  in railroad properties and                 
  functions.                                                                   
                                                                               
  Representative  Brown  noted  exceptions   for  professional                 
  services  on page  2, lines 16  and 17.   She questioned the                 
  need  for this  exception.   She noted  that (d)  is  out of                 
  railroad  receipts,  (c)  states  that   it  is  subject  to                 
  appropriation.    She  asked  if  subject  to  appropriation                 
  includes   the   $250.0   thousand   dollar   fiscal   note.                 
  Representative Martin stated  that the  reference is to  the                 
  $250.0 thousand dollar fiscal  note.  He noted that  (c) and                 
  (d) would  both be  covered  by the  $250.0 thousand  dollar                 
  fiscal note.                                                                 
                                                                               
  Representative  Brown  asked why  it  was necessary  to give                 
  consideration  to  persons  with  experience  in   corporate                 
  mergers   and  acquisitions.     She  questioned   how  many                 
  individuals    would    have   the    required   experience.                 
  Representative Mulder stressed the  logic of having  persons                 
  with experience in business practices.                                       
                                                                               
  Representative  Brown stated  that it  would be at  least as                 
  important to  have people  who are  familiar with  the local                 
  communities  and  the  issue  of   land  disposition.    She                 
  emphasized  that  the  needs of  communities  be  taken into                 
  account.                                                                     
                                                                               
  Representative  Martin   observed  that  a  wide   range  of                 
  individuals and communities  would want to participate.   He                 
  emphasized  that everyone  will have  opportunities in  open                 
  meetings to express their concerns.                                          
                                                                               
  Representative Therriault stated that it  was unclear if all                 
  the individuals should  have experience.  He  suggested that                 
  "at least one person" be inserted.                                           
                                                                               
  Representative Martin  stressed that all user  groups cannot                 
  be  represented on the  Commission.  He  reiterated that all                 
  will be able to testify in open meetings.                                    
                                                                               
  Representative Mulder pointed out that the language does not                 
  mandate that all members have experience.                                    
                                                                               
                                4                                              
                                                                               
                                                                               
  Representative Brown  questioned how  open the  Commission's                 
  proceedings would be.   She noted provisions on page  5 that                 
  the  Commission  could discuss  in  executive session.   She                 
  stressed that it could  be argued under subsection (1)  that                 
  the entire conversation has an  adverse effect on the Alaska                 
  Railroad Corporation's finance.   She added that  subsection                 
  (5)  and (6) would cover large  portions of the discussions.                 
  She maintained that the whole  conversation could take place                 
  in secret.   She  asserted that it  is a valid  concern that                 
  public  members  be  involved.    She  questioned  why  land                 
  acquisition or disposal  needs to be included  in allowances                 
  for executive session.                                                       
                                                                               
  Representative Martin expressed concern that the discussions                 
  be open.  He pointed out that page 2, line 1 states that the                 
  Commission "shall" give consideration  to the appointment of                 
  persons who have experience involving corporate mergers  and                 
  acquisitions.                                                                
                                                                               
  Representative Therriault MOVED to delete "persons who have"                 
  and insert "at least one person  who has" experience on page                 
  2, line 1.  There being NO OBJECTION, it was so ordered.                     
                                                                               
  Representative  Martin emphasized  that  it is  important to                 
  know what is  available.  He  observed that the language  on                 
  page 5,  lines 7  - 19  is taken  from the Corporation's  by                 
  laws.                                                                        
                                                                               
  Representative  Therriault  questioned if  the Corporation's                 
  concerned regarding negotiations currently  under discussion                 
  for  purchase of  or disposal  of a  piece of property.   He                 
  stated that the  language could be expanded  to clarify that                 
  only those things that are currently in negotiation would be                 
  allowed discussion under executive session.                                  
                                                                               
  Representative Therriault expressed support for the addition                 
  on page 5  line 15, of  "currently under negotiations."   He                 
  added that consideration should be given to  the customer or                 
  customers that pay the majority of the freight costs.                        
                                                                               
  Representative Parnell MOVED  to adopt Amendment 3  (copy on                 
  file).  He explained  that the amendment would  require that                 
  reports  be  given  to the  Speaker  of  the  House and  the                 
  President  of  the Senate  as  well  as the  Governor.   The                 
  amendment would also  require that copies  of the report  be                 
  made available for the public.  There being NO OBJECTION, it                 
  was so ordered.                                                              
                                                                               
  BILL  SHEFFIELD,   FORMER  GOVERNOR,   CHAIRMAN,  BOARD   OF                 
  DIRECTORS,  ALASKA RAILROAD  CORPORATION  testified via  the                 
  teleconference  network.     He  noted  that  a   number  of                 
                                                                               
                                5                                              
                                                                               
                                                                               
  individuals   were   interested   in   testifying   on   the                 
  legislation.  He gave a brief history of the creation of the                 
  railroad.  He noted that the State purchased the railroad to                 
  obtain ownership of an important transportation corridor  in                 
  the Interior  of Alaska.   He  noted that  the railroad  was                 
  built to allow  expansion where needed.   He maintained that                 
  the railroad is  a performing asset.   He observed that  the                 
  railroad has  only  lost  money  in two  years  while  under                 
  ownership by the State.  He  asserted that the railroad will                 
  continue to make a profit.   He emphasized that the railroad                 
  is a major player in the State's economy.                                    
                                                                               
  (Tape Change, HFC 96-147, Side 2)                                            
                                                                               
  Mr. Sheffield noted other functions  of the Alaska Railroad.                 
  He  emphasized  that  the  Corporation  is  developing  real                 
  estate.  He discussed  land managed by the Corporation.   He                 
  observed  that all  the land  was  transferred to  the State                 
  owned  Corporation.  If the  Corporation is disposed of then                 
  the land would also  have to be disposed.   He stressed that                 
  the sale raises public questions.                                            
                                                                               
  Mr. Sheffield stated that  he is opposed to the sale  of the                 
  Alaska Railroad.   He maintained that the  membership of the                 
  Commission  is too  small.   He  did not  think that  a five                 
  member commission would allow for sufficient representation.                 
  He maintained that it is wrong to require the Corporation to                 
  pay for a  fast track appraisal.  He noted  that the federal                 
  government paid $850.0 thousand dollars for the first cut of                 
  an appraisal of the fair market value of the Alaska Railroad                 
  in 1984.  Mr.  Sheffield emphasized that money spent  for an                 
  appraisal will  reduce funding available  for railroad  ties                 
  and other expenses.                                                          
                                                                               
  Mr. Sheffield stressed that the  Corporation could convene a                 
  Committee to address the issue and make recommendations.                     
                                                                               
  Mr. Sheffield  viewed plans for expansion  and improvements.                 
  He discussed efforts  to obtain federal funds  for passenger                 
  service.  He  clarified that the  reversionary clause is  in                 
  relationship to the land ownership.   He noted that if there                 
  were  a sale  of the  railroad prior to  ten years  then the                 
  difference between what was  paid for the railroad  and what                 
  was received  for  the  railroad  would go  to  the  federal                 
  government.  After  ten years any profits would  remain with                 
  the State.                                                                   
                                                                               
  Mr.  Sheffield reiterated that the Corporation could appoint                 
  a committee consisting of legislators,  users and the public                 
  to address the issue at no cost to the State.                                
                                                                               
  Representative Therriault referred to page 5,  line 15.  Mr.                 
                                                                               
                                6                                              
                                                                               
                                                                               
  Sheffield  observed   that  lines   7  -   15  are  in   the                 
  Corporation's by-laws.   He  acknowledged that  some of  the                 
  items  are  more   important  than  others  in   regards  to                 
  confidentiality.    He  stressed  that  matters  related  to                 
  personnel or finances are of most concern.                                   
                                                                               
  Representative  Brown  questioned if  the discussion  of the                 
  possible  sale of the railroad would  have an adverse effect                 
  on  the finances of  the railroad.   Mr. Sheffield responded                 
  that discussion of the sale could have an adverse effect.                    
                                                                               
  Representative Brown observed that the Commission is not the                 
  same as the Board  of the Alaska Railroad Corporation.   She                 
  acknowledged that the  Corporation would want to  keep items                 
  (1) - (7) in  executive session.  She maintained  that there                 
  should be a different  standard for the Commission  than for                 
  the Board.                                                                   
                                                                               
  Mr.  Sheffield acknowledged that some  of the items could be                 
  revised.                                                                     
                                                                               
  JEFF   COOK,   VICE   PRESIDENT,    EXTERNAL   AFFAIRS   AND                 
  ADMINISTRATION,   MAPCO   PETROLEUM   testified    via   the                 
  teleconference  network.    He  noted  that Mapco  paid  the                 
  railroad  approximately  $23 million  dollars  in 1995.   He                 
  stressed  the  need for  efficiency.   He  expressed concern                 
  about any sale  of the railroad.   He emphasized that  Mapco                 
  has  an  excellent  relationship  with  the  railroad.    He                 
  stressed  the  quality  of  service  and  partnership.    He                 
  expressed  concern that the  Commission's membership  is too                 
  small.  He questioned if the  Commission should first see if                 
  it is in  the State's best interest to sell.  He stated that                 
  the provisions of subsection (g)  would best be addressed if                 
  a decision is made  to pursue a sale.  He  stressed that the                 
  Commission should  be big  enough to  represent the  diverse                 
  users that have an interest in  the railroad.  He reiterated                 
  that he did not see a reason for the sale.                                   
                                                                               
  JOHNE  BINKLEY, EX-SENATOR,  BOARD  MEMBER, ALASKA  RAILROAD                 
  CORPORATION testified  via the  teleconference network.   He                 
  spoke in  opposition to the  legislation.  He  observed that                 
  the railroad  has been  instrumental in  the development  of                 
  Fairbanks.  He  stressed that the  railroad is an  important                 
  transportation  corridor.  He  maintained that  the railroad                 
  should not be  sold.  He  asserted that  the railroad is  an                 
  important asset that should be protected.  He stated that he                 
  has  been  impressed  with  the  management  of  the  Alaska                 
  Railroad.  He  observed that the  railroad made a profit  in                 
  the current year.   He stressed that the Board  protects the                 
  public's interest.  He agreed that  the Board should look at                 
  the issue.   He observed that $250.0  thousand dollars could                 
  be used to purchase needed equipment.                                        
                                                                               
                                7                                              
                                                                               
                                                                               
  GARY  ANGLAN, AMERICAN  FEDERATION  OF GOVERNMENT  EMPLOYEES                 
  (AFGE) testified via  the teleconference network.   He noted                 
  that  AFGE  represents  many of  the  employees  on railroad                 
  property.   He expressed concern  with the legislation.   He                 
  noted that the  transfer from the federal  government was an                 
  agonizing experience for  the railroad employees.   He noted                 
  that employees were retained in the Civil Service Retirement                 
  System during the transfer in 1985.   He emphasized that the                 
  stress  and  uncertainty   that  accompanied  the   transfer                 
  resulted in the loss of qualified  employees.  He noted that                 
  there  was an unfunded  liability for  the employees  in the                 
  Civil  Service  Retirement   System.    He   emphasized  the                 
  difficulty of ascertaining the unfunded  liability for these                 
  employees.  He maintained that  in the advent of a  sale the                 
  new  owner  should   assume  the  cost  of   the  employee's                 
  participation in Civil Service Retirement  System.  He noted                 
  that  employee unions  are  actively engaged  in  collective                 
  bargaining.  He  stated that the discussions  regarding sale                 
  of  the railroad  is  having a  destablizing  effect on  the                 
  negotiation process.  He asked if the  railroad is currently                 
  running okay  and what  is the  potential to  Alaska if  the                 
  railroad  was   free   of   legislative   interference   and                 
  regulation.    He  noted that  the  railroad  received $10.0                 
  million dollars for tie upgrades.   He asked the total worth                 
  of these improvements  for future  operations.  He  observed                 
  that  Governor Sheffield  indicated that the  railroad would                 
  fall apart if this money is not spent.                                       
                                                                               
  MARK HICKEY, ALASKA RAILROAD CORPORATION discussed  item (6)                 
  on  page 5, line 15.  He stated that the additional language                 
  recommended by Representative Therriault should not create a                 
  problem.  Representative Therriault asked if a problem would                 
  be created if (6) was deleted.   Mr. Hickey pointed out that                 
  the language is not  mandatory.  He stated that  there could                 
  be  a  matter pending  that would  need  to be  discussed in                 
  executive session.                                                           
                                                                               
  Representative Martin stressed that once the guidelines  are                 
  placed into law there would be a greater barrier.                            
                                                                               
  (Tape Change, HFC 96-147, Side 1)                                            
                                                                               
  Representative Brown referred  to subsection (1) on  page 5.                 
  She  suggested  that  "except as  related  to  the potential                 
  sale,"  be added  to the beginning of line 7.   She stressed                 
  that it should  be clear that discussions  should take place                 
  in public.                                                                   
                                                                               
  Mr.  Hickey  stated that  the intent  is  clear that  to the                 
  extent  possible  the proceedings  are  to  be public.    He                 
  emphasized that subsection (1)  states, would "clearly" have                 
                                                                               
                                8                                              
                                                                               
                                                                               
  an  adverse effect upon the  finances of the Alaska Railroad                 
  Corporation.     He  emphasized   that  assuming   that  the                 
  Commission intends to operate to  the extent practical in  a                 
  public way, that the language is adequate.  He observed that                 
  the application  of the Corporation  Act in relating  to its                 
  work with the Commission needs to be considered.                             
                                                                               
  Representative Brown clarified that her  concern is that the                 
  Corporation, with all  its concerns, by laws,  and practices                 
  will want to  go into executive  session in its  discussions                 
  with the Commission.                                                         
                                                                               
  Representative Brown referred  to subsection (5) on  page 5,                 
  line 14.   She suggested the addition of "current litigation                 
  involving the Alaska Railroad Corporation".  She stated that                 
  the entire issue addresses the legal  position of the Alaska                 
  Railroad Corporation.                                                        
                                                                               
  Mr.  Hickey  stressed  that current  litigation  may  be too                 
  narrow.   He  observed  that there  could  be legal  matters                 
  pending.                                                                     
                                                                               
  Mr.  Sheffield  noted  that  the  Corporation  discusses  in                 
  executive session matters under  litigation and matters that                 
  may be potential subjects for litigation.                                    
                                                                               
  Mr.  Sheffield noted that $250.0 thousand dollars represents                 
  25,000 railroad ties or 40 miles of track.                                   
                                                                               
  HB 136 was HELD in Committee for further consideration.                      
  HOUSE BILL NO. 136                                                           
                                                                               
       "An Act mandating the sale  of the Alaska Railroad; and                 
       providing for an effective date."                                       
                                                                               
  Representative Therriault  MOVED to delete subsection (6) on                 
  page 5,  line 15.    There being  NO  OBJECTION, it  was  so                 
  ordered.                                                                     
                                                                               
  Representative Brown MOVED to delete  "the legal position of                 
  the" and insert "current or potential litigation involving."                 
  There being NO OBJECTION, it was so ordered.                                 
                                                                               
  Representative Therriault MOVED to report CSHB 136 (FIN) out                 
  of Committee  with individual  recommendations and  with the                 
  accompanying fiscal  note.   Representative Brown  OBJECTED.                 
  She noted that the legislation is structured into two parts.                 
  Section (f) provides  for a determination of  best interest.                 
  Section  (g)  contains   the  particulars  related  to   the                 
  determination to  sell.  She asserted that subsection (3) on                 
  page 4, lines 17 and  18 should be moved under section  (f).                 
  She  noted  that   subsection  (3)  allows  for   a  broader                 
                                                                               
                               10                                              
                                                                               
                                                                               
  interpretation.                                                              
                                                                               
  Representative Therriault  WITHDREW his motion to  move CSHB
  136 (FIN).  There being NO OBJECTION, it was so ordered.                     
                                                                               
  Representative Brown MOVED to move subsection (3) on page 4,                 
  lines 17 and  18 to be placed  under section (f) on  page 2,                 
  line 31.  There being NO OBJECTION, it was so ordered.                       
                                                                               
  Representative Kohring MOVED to report CSHB 136 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  A roll call vote was taken on the                 
  MOTION.                                                                      
                                                                               
  IN FAVOR: Kohring,  Martin,  Mulder,   Parnell,  Therriault,                 
  Foster                                                                       
  OPPOSED:  Brown, Navarre                                                     
                                                                               
  Co-Chair Hanley  and Representatives  Kelly and  Grussendorf                 
  were absent for the vote.                                                    
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  CSHB  136  (FIN) was  reported  out  of Committee  with  "no                 
  recommendation" and with a  fiscal impact note by  the House                 
  State Affairs Committee  for the Department of  Commerce and                 
  Economic Development.                                                        

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