CS FOR SENATE BILL NO. 148(TRA): An Act relating to legislative approval of certain acts of the Alaska Railroad Corporation; taxation of certain property of the Alaska Railroad Corporation; members of the board and chief executive officer of the Alaska Railroad Corporation; meetings of the board of directors of the Alaska Railroad Corporation; and providing for an effective date. Co-chair Pearce announced that CSSB 148(TRA) was before the committee. Co-chair Frank said that amendment 3 further clarifies the definition of non-transportation activity. DAVID SKIDMORE, staff to Co-chair Frank, spoke to amendment 3. He said that points A and B were identical to the original definition that was in the transportation CS. He said point C is the clarifying point which provides that the railroad is prohibited from obtaining an equity position in an activity that occurs before or subsequent to the movement, handling, or distribution of people or personal property not withstanding activities that were conducted by the corporation on the date of transfer to the state or activities that are directly related to the movement, handling, or distribution of people or personal property. Mr. Skidmore said that the amendment was acceptable to Mark Hickey. Senator Kelly asked if the railroad corporation was grandfathered in the equity position in the existing hotel somewhere in the bill. Mr. Skidmore said that action had not been taken regarding the existing hotel. MARK HICKEY, Alaska Railroad Corporation, said that in CSSB 148(FIN) work draft, page 4, lines 21 through 24, addresses specific activities engaged in by the railroad corporation and "does not apply to specific activities in which the corporation is engaged on the effective date of this section..." Co-chair Pearce announced that CSSB 148(FIN) work draft dated April 12, 1993 had been adopted by the committee. Co-chair Frank MOVED for adoption of amendment 3. No objections being heard, amendment 3 was ADOPTED. Co-chair Frank MOVED for passage of CSSB 148(FIN) from committee with individual recommendations. Senator Kelly OBJECTED. He questioned the filling of a vacancy on the board of directors for the railroad corporation by this legislation. Co-chair Pearce said that the next vacancy of the board would come up this fall. She said the railroad would have to appoint an outside director at that time. She went on to explain the Governor's role in the appointments and his options. Senator Kelly voiced his opposition to a change in the board. Co-chair Pearce explained that there never had been an expectation that the CEO of the railroad would also hold the position of outside railroad expert. She felt that outside expert should be someone other than the CEO. Since there was a seat that was becoming vacant, she felt it was a good opportunity to accomplish this change. Senator Kelly asked Mr. Hickey what the fee was for board of directors of the railroad. Mr. Hickey said the law provided for $400 a day plus per diem. Co-chair Pearce said that it was the highest paid board in the state. It was pointed out that it was modeled after the permanent fund board of director's fees. Senator Kelly reiterated his opposition to a change in the board of directors for the railroad corporation. Co-chair Frank withdrew his motion to move CSSB 148(FIN) out of committee. Co-chair Pearce announced that CSSB 148(FIN) would be held in committee. ADJOURNMENT The meeting was adjourned at approximately 10:32 a.m.