Alaska 2025-2026 Regular Session

Alaska House Bill HB142 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	HB0142a -1- HB 142
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5	5	34-LS0624\T
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11	11	HOUSE BILL NO. 142
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE KOPP
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19	19	Introduced: 3/21/25
20	20	Referred: Transportation
21	21
22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
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27	27	"An Act relating to use of railroad land for public purposes." 1
28	28	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29	29	* Section 1. AS 42.40.420 is amended to read: 3
30	30	Sec. 42.40.420. Public use of railroad land. (a) Upon request of a
31	31	4
32	32	municipality or the state, the corporation may authorize use of railroad land for public 5
33	33	purposes. Subject to AS 42.40.350(b) and (b) of this section, the corporation shall 6
34	34	authorize a walkway or a trail if the board first finds in writing that the proposed 7
35	35	walkway or trail will not create a safety hazard and will not unreasonably interfere 8
36	36	with continued or expanded operations in the utility corridor. 9
37	37	(b) Before authorizing a use under this section, the corporation [BOARD] 10
38	38	shall require the municipality or state to 11
39	39	(1) execute an agreement in a form approved by the board to 12
40	40	(A) [(1)] agree to restrictions, limitations, and conditions on the 13
41	41	proposed use required by the corporation and reasonably calculated to reduce 14
42	42	the risk of a safety hazard or interference with authorized uses in the utility 15 34-LS0624\T
43	43	HB 142 -2- HB0142a
44	44	New Text Underlined [DELETED TEXT BRACKETED]
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46	46	corridor; 1
47	47	(B) [(2)] hold the corporation harmless from and indemnify the 2
48	48	corporation for liability and claims arising from any use authorized under this 3
49	49	section including 4
50	50	(i) [(A)] defending the corporation in a cause of action 5
51	51	brought against the corporation as a result of the use; and 6
52	52	(ii) [(B)] indemnifying the corporation for the amount 7
53	53	of a judgment, including prejudgment and postjudgment interest, 8
54	54	rendered against the corporation, and for all costs and attorney 9
55	55	[ATTORNEY'S] fees incurred by the corporation in settling or 10
56	56	defending the claim; and 11
57	57	(C) [(3)] stop the use upon request of the corporation if the use 12
58	58	interferes with expansion or replacement of railroad facilities, creates a safety 13
59	59	hazard, or interferes with railroad operations; and 14
60	60	(2) obtain a notarized written statement from the owner of real 15
61	61	property subject to an easement in favor of the corporation consenting to the use 16
62	62	of that property and record the statement in the recorder's office of the recording 17
63	63	district in which the property is located. 18
64	64	* Sec. 2. AS 42.40.460(g) is amended to read: 19
65	65	(g) In delegating management authority over or conveying all or a portion of 20
66	66	state land to the corporation, the Department of Natural Resources shall reserve the 21
67	67	right to authorize, by lease, permit, or other method, a person to cross or construct 22
68	68	access across the transportation corridor and associated rail land; however, before 23
69	69	authorizing a crossing or construction of access, the department shall obtain 24
70	70	concurrence from the corporation that the proposed crossing or construction is 25
71	71	consistent with applicable safety standards and, to the extent practical, minimizes 26
72	72	effects on railroad operating efficiency. Neither the corporation nor the state is liable 27
73	73	for claims arising from public use of the transportation corridor and associated rail 28
74	74	land, except to the extent the claims arise from the gross negligence of the state, the 29
75	75	corporation, their employees, or their contractors, respectively. The department shall 30
76	76	indemnify the corporation consistent with AS 42.40.420(b)(1) [AS 42.40.420(1) - (3)] 31 34-LS0624\T
77	77	HB0142a -3- HB 142
78	78	New Text Underlined [DELETED TEXT BRACKETED]
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80	80	for claims or related litigation arising from an authorization issued by the department 1
81	81	under this section, except to the extent the claims arise from the gross negligence of 2
82	82	the corporation, its employees, or its contractors. 3
83	83	* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 4
84	84	read: 5
85	85	APPLICABILITY. AS 42.40.420, as amended by sec. 1 of this Act, applies to uses of 6
86	86	railroad land authorized on or after the effective date of this Act. 7