SB 42 ALASKA RR BUDGET AND LAND CHAIRMAN GREEN called the Senate State Affairs Committee to order at 3:35 p.m. and brought up SB 42 as the first order of business before the committee. REPRESENTATIVE TERRY MARTIN , Vice Chairman of the Legislative Budget & Audit Committee, said SB 42 was introduced on behalf of that committee. He explained the legislation will put the Alaska Railroad under the Executive Budget Act, which will give the Legislature more oversight over the corporation. The legislation will also transfer land not needed for rail operations to the Department of Natural Resources. CHAIRMAN GREEN directed attention to a proposed State Affairs CS, which she said splits out the land portion contained in the original bill. REPRESENTATIVE MARTIN added that the land issue is going to take a lot of time, and the Senate Resources Chair wants to specifically work on that issue, so removing the land provision eases that problem. SENATOR WARD moved the adoption of CSSB 42(STA). Hearing no objection, it was so ordered. Number 100 BILL CUMMINGS , an assistant attorney general in the Department of Law, agreed that separating the Executive Budget portion from the land portion of the bill is a good idea because the land's portion is a lot more complicated due to the environmental liabilities that attach to it. He advised that The Department of Law has been working with the Department of Environmental Conservation and they have come up with approximately 40 very polluted sites that are on railroad land. The way the bill was originally written the title would vest to that land immediately in the state of Alaska upon the effective date of the bill. By vesting title, it opens the state treasury to claims for cleaning up the pollution. Right now the claims are born strictly by the railroad and the railroad's revenue stream. Mr. Cummings related that the department believes that if the land portion were to be left in with the Executive Budget portion of the bill, it would necessitate the hiring of three more lawyers to handle the environmental litigation. He added that there are ways to deal with transferring the land to the state where the state would not be liable for cleaning up the sites. Number 170 There being no further testimony on CSSB 42(STA), CHAIRMAN GREEN stated she would entertain a motion. SENATOR WARD moved CSSB 42(STA) and the accompanying fiscal notes be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.