SB 227 - MOTOR VEHICLE RENTAL TERMINALS CHAIRMAN VEZEY opened SB 227 for discussion. (REPRESENTATIVE KOTT joined the meeting at 10:33 a.m.) Number 017 CAROL CARROL, STAFF, SENATOR JAY KERTTULA, PRIME SPONSOR, addressed SB 227. She stated SB 227 puts in statute a clause saying terminal rental adjustment clauses and commercial leases, in and of themselves, do not create a security interest in assets for the lessee. CHAIRMAN VEZEY inquired if "terminal" meant end of lease, or a place to dock a truck. MS. CARROL said this bill would clarify in law that just because these kinds of clauses are in a lease, doesn't necessarily create a security interest for the lessee. It's important in cases of bankruptcy, in particular, because sometimes courts decide that they do, thereby tying up the assets of the lessor. SB 227 makes this clarification. CHAIRMAN VEZEY clarified courts have determined these types of lease arrangements constitute a security interest. MS. CARROL responded, in some cases, yes. CHAIRMAN VEZEY observed the lease holder's interests are being treated as a debtor in the total bankruptcy, or as an unsecured debtor. MS. CARROL replied yes. REPRESENTATIVE HARLEY OLBERG commented the problem is that in some cases it has been interpreted to be a security interest. MS. CARROL added on the part of the lessee. CHAIRMAN VEZEY questioned how a security interest compared to a secured interest. (REPRESENTATIVE ULMER joined the meeting at 10:35 a.m.) Number 065 REPRESENTATIVE OLBERG replied he felt they were essentially the same thing. REPRESENTATIVE OLBERG moved to pass SB 227 from committee with accompanying fiscal notes and individual recommendations. CHAIRMAN VEZEY clarified the zero fiscal notes were from the Department of Transportation and Public Facilities, and from Department of Public Safety. CHAIRMAN VEZEY called for a roll call vote. IN FAVOR: REPRESENTATIVES VEZEY, KOTT, ULMER, G. DAVIS, SANDERS, OLBERG. ABSENT: REPRESENTATIVE B. DAVIS. The MOTION PASSED.