Date: 04/07/2009

Final
Consideration of Draft Committee Legislation

COMMITTEE ON CAPITAL DEVELOPMENT

Votes: View--> Action Taken:
Recommend draft legislation, "Concerning FlexibiliPASS



07:34 AM -- Consideration of Draft Committee Legislation

Mr. Jeremiah Barry, Office of Legislative Legal Services (OLLS), presented a draft of committee legislation, "Concerning Flexibility for Capital Construction Projects." Committee members received a copy of the draft legislation, prepared by OLLS (Attachment A). Mr. Barry explained a change in the draft's title. Mr. Barry then highlighted changes between the April 3 draft and previous drafts of the legislation presented to the committee. Mr. Barry addressed a question about the two-year projections of cash-funded projects prepared by higher education institutions required by the draft legislation. Discussion ensued about whether the review of the 2-year projection list will occur annually or biannually.

090407AttachA.pdf

07:45 AM

Mr. Barry continued his explanation of changes to the latest version of the draft legislation, including how projects subject to the higher education revenue bond intercept program will be reviewed and whether projects that receive future gifts, grants, or donations will require additional review or approval. Committee members received a list of suggested changes to the draft legislation, prepared by the Governor's Office of State Planning and Budgeting and the Department of Higher Education (Attachment B). Mr. Barry addressed questions about Attachment B and explained how the recommended changes affect the draft legislation.

090407AttachB.pdf

07:55 AM

Discussion ensued about the intent of the draft legislation and how to best grant flexibility for higher education institutions for cash-funded projects. Discussion continued about Attachment B. The committee decided to incorporate two changes from Attachment B, including (1) Page 7, line 8, insert "additional" between "to" and "review;" and (2) Page 10, line 21, insert "and (10)" after "(9)".
BILL:Consideration of Draft Committee Legislation
TIME: 07:59:36 AM
MOVED:McFadyen
MOTION:Recommend draft legislation, "Concerning Flexibility for Capital Construction Projects," dated April 3, 2009, as committee legislation, incorporating two suggested changes from Attachment B. The motion carried on a vote of 6-0.
SECONDED:
VOTE
Kopp
Yes
McFadyen
Yes
Schwartz
Yes
Sonnenberg
Yes
Bacon
Yes
Riesberg
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

Prior to the vote, discussion ensued about the necessity of a safety clause for the proposed legislation. The committee decided not to add a safety clause to the proposed legislation. The committee decided to start the bill in the Senate. Senator Bacon and Representative Riesberg agreed to be the primary bill sponsors.