04/21/1994 01:35 PM House FIN

  SB 247    An  Act  relating  to state  leases  and  to state                 
            lease-purchase and lease-financing agreements, and                 
            repealing a  legislative authorization  previously                 
            given  for  acquisition of  a  facility  through a                 
            lease-purchase  agreement;  and  providing for  an                 
            effective date.                                                    
                                                                               
            HCS CS SB 247 (FIN)  was reported out of Committee                 
            with a "do pass" recommendation  and with two zero                 
            fiscal notes by  the Department of  Administration                 
            dated 1/24/94 and Legislative Affairs Agency dated                 
            1/21/94.                                                           
  SENATE BILL 247                                                              
                                                                               
       "An  Act  relating   to  state  leases  and   to  state                 
       lease-purchase  and  lease-financing   agreements,  and                 
       repealing a legislative authorization  previously given                 
       for acquisition  of a facility through a lease-purchase                 
       agreement; and providing for an effective date."                        
                                                                               
  JACK   CHENOWETH,   ATTORNEY,  LEGISLATIVE   LEGAL  COUNSEL,                 
  LEGISLATIVE AFFAIRS  AGENCY, clarified past action  taken by                 
  the Committee  in regards to SB 247.   When the bill came to                 
  him, he was asked to incorporate two amendments.  One of the                 
  amendments  was  an exception  for  the University  Board of                 
  Regents  addressing  the necessity  to  rent or  lease space                 
  based upon  federal or  university receipts.   He  concluded                 
  that addition would  warrant a title  change.  The title  is                 
  tightly drawn and  would not admit to  any exceptions beyond                 
  the ones listed and in the body of the bill.                                 
                                                                               
  Mr.  Chenoweth  continued  that the  second  amendment would                 
  require  a  deletion of  an  approval to  construct  a court                 
  building in Fairbanks.  That  insertion would also require a                 
  title change.                                                                
                                                                               
  Representative Therriault provided the Committee with a work                 
  draft   of  a   house  concurrent   resolution  #8-LS1905\A,                 
  Chenoweth,  4/21/94,  which  would  open  up  the  title  to                 
  accommodate Amendment #2  but would not include  language to                 
  accommodate Amendment #1.                                                    
                                                                               
  Representative  Hanley elaborated  that the  bill had  moved                 
  from  Committee and that Representative Therriault had moved                 
  to divide the question  in order to address a  title change.                 
  He added that Co-Chair MacLean objected to that motion.                      
                                                                               
  Mr.  Chenoweth  pointed out  that  when the  legislation was                 
                                                                               
                                4                                              
                                                                               
                                                                               
  initially drafted the title was broad, and then because of a                 
  provision inserted in the original  bill, language was added                 
  to  read   "and  repealing  the   legislative  authorization                 
  previously  given  for  acquisition of  a  facility  given a                 
  lease-purchase agreement".    The  language  clarified  that                 
  nothing would  be "slipped"  through the  legislation.   The                 
  Senate proceeded  to tighten  the title  which removed  that                 
  provision.                                                                   
                                                                               
  Representative Therriault MOVED to adopt the language of the                 
  proposed house concurrent resolution which would broaden the                 
  title to include  necessary changes in order  to accommodate                 
  Amendment #2.   Co-Chair MacLean  WITHDREW her OBJECTION  to                 
  the  motion.   There  being NO  OBJECTIONS,  the motion  was                 
  adopted.                                                                     
                                                                               
  Representative Therriault  MOVED TO RESCIND  previous action                 
  taken in passing HCS CS SB 247 (FIN) out of Committee.   Co-                 
  Chair MacLean OBJECTED.                                                      
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Hanley,  Navarre,  Parnell,  Therriault,                 
                      Foster, Grussendorf.                                     
       OPPOSED:       Martin, Brown, MacLean, Larson.                          
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
  Representative Therriault MOVED  TO RESCIND previous  action                 
  taken in adopting Amendment #1.  Co-Chair MacLean OBJECTED.                  
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Navarre,  Parnell,  Therriault,  Foster,                 
                      Grussendorf.                                             
       OPPOSED:       Martin, Brown, Hanley, Larson, MacLean.                  
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION FAILED (5-5).                                                     
                                                                               
  (Tape Change, HFC 94-139, Side 1).                                           
                                                                               
  Representative Martin MOVED  to report HCS  CS SB 247  (FIN)                 
  out  of  Committee  with   the  accompanying  fiscal  notes.                 
  Representative Therriault OBJECTED.                                          
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Martin,    Navarre,    Parnell,   Brown,                 
                                                                               
                                5                                              
                                                                               
                                                                               
                      Grussendorf, Hanley, MacLean, Larson.                    
       OPPOSED:       Therriault, Foster.                                      
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (8-2).                                                     
                                                                               
  Co-Chair  MacLean   MOVED  to  adopt  the  House  Concurrent                 
  Resolution  work draft 8-LS1905\A,  Chenoweth, 4/21/94.  Co-                 
  Chair MacLean MOVED to amend the  resolution to Page 2, Line                 
  6,  adding   the  language  "and   repealing  a  legislative                 
  authorization previously given for acquisition of a facility                 
  through   a   lease-purchase  agreement".     Representative                 
  Therriault OBJECTED.                                                         
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Parnell, Brown, Hanley,  Martin, Larson,                 
                      MacLean.                                                 
       OPPOSED:       Therriault, Grussendorf.                                 
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  Co-Chair MacLean MOVED to adopt the amended House Concurrent                 
  Resolution.  Representative Therriault OBJECTED.                             
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Parnell,  Brown,  Grussendorf,   Hanley,                 
                      Martin, MacLean, Larson.                                 
       OPPOSED:       Therriault, Foster.                                      
                                                                               
  Representatives Hoffman and Navarre were not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (7-2).                                                     
                                                                               
  HCS CS SB 247 (FIN) was reported out of Committee with a "do                 
  pass" recommendation and with a title change through a House                 
  Concurrent  Resolution  and with  zero  fiscal notes  by the                 
  Department   of   Administration  dated   1/24/94   and  the                 
  Legislative Affairs Agency dated 1/21/94.