CHAIRMAN LEMAN brings up the next item on the agenda, SB 227 (MOTOR VEHICLE RENTAL TERMS) and calls the first witness. Number 435 CAROL CARROL, Aide to Senator Kerttula, says SB 227 will address Terminal Rental Adjustment Clauses (TRAC's) and clarify in statute that just because these clauses are a true lease, does not change the nature of that lease. This is important for two reasons: one, it will hold down the rental cost to lessees; and two, it will protect the lessor in bankruptcy cases where judges may determine that the lessee had a security interest in the vehicle, and therefore, hold them up in some manner, wouldn't return them to the lessor, or would use them to satisfy some of the debts of the lessee. Number 414 CHAIRMAN LEMAN asks if this provision doesn't appear in the Uniform Commercial Code (UCC). Ms. Carroll replies it does not. Number 413 SENATOR TAYLOR says the reason he believes it is not in the UCC is there would be a debate as to whether or not the lessee has acquired an equity interest within the property. He asks why the legislature should, as a matter of policy, deny the creditors of the bankrupt the opportunity to go after that asset? Number 375 MS. CARROLL says SB 227 states that a TRAC, in and of itself, does not change the nature of a lease. That lease may be a security interest lease, but the bill is only saying, just because this clause is in a lease, does not necessarily mean the lessee has any equity in the property. Also, TRAC's usually appear in commercial leases; they very rarely are consumer leases. Number 360 CHAIRMAN LEMAN asks if anyone has any further comments or questions about SB 227. Hearing none, he asks what the pleasure of the committee is. Number 359 SENATOR TAYLOR makes a motion to move SB 227 from the Senate State Affairs Committee with individual recommendations. Number 358 SENATOR LEMAN, hearing no objections, releases SB 227 from the committee with individual recommendations.