Section 36.30.085. Lease-purchase agreements.

   (a) To perform its duties and statutory functions, the department, the Board of Regents of the University of Alaska, the legislative council, or the supreme court may enter into lease-purchase agreements for real property. The department, the Board of Regents, the legislative council, or the supreme court may enter into a lease-purchase agreement only if the department, the Board of Regents, the legislative council, or the supreme court is the lessee under the agreement.
   (b) When evaluating proposals to acquire or improve real property under a lease-purchase agreement, the department, the Board of Regents, the legislative council, or the supreme court shall consider
        (1) in addition to lease costs, the life cycle costs, function, indoor environment, public convenience, planning, design, appearance, and location of the real property proposed for acquisition or improvement; and
        (2) whether acquisition or improvement of the real property by lease-purchase agreement is likely to be the least costly means to provide the space.
   (c) A lease-purchase agreement
        (1) may not provide for a period of occupancy under the full term of the lease-purchase agreement that is greater than 40 years;
        (2) must provide that lease payments made by the department, the Board of Regents, the legislative council, or the supreme court are subject to annual appropriation.
   (d) If the department, Board of Regents, legislative council, or supreme court intends to enter into or renew a lease-purchase agreement for real property, the department, Board of Regents, legislative council, or supreme court shall provide notice to the legislature. The notice must include the
        (1) anticipated total construction, acquisition, or other costs of the project;
        (2) anticipated annual amount of the rental obligation; and
        (3) total lease payments for the full term of the lease-purchase agreement.
   (e) The department, the Board of Regents, the legislative council, or the supreme court may not enter into a lease-purchase agreement to acquire or improve real property unless the agreement has been approved by the legislature by law.
   (f) The provisions of (d) and (e) of this section do not apply to a lease-purchase agreement
        (1) related to the refinancing of an outstanding balance owing on an existing lease-purchase agreement; or
        (2) by the University of Alaska if the lease-purchase agreement is secured by student fees or university receipts as defined in AS 14.40.491.
   (g) In this section,
        (1) "full term of the lease-purchase agreement" includes all renewal options that are defined within the lease-purchase agreement;
        (2) "lease-purchase agreement" includes a lease-financing agreement.

Authorities

14.40.040;22.05.025;24.20.060;36.30.850;44.88.680;44.88.830

Notes

References

3 AAC 101.180
AS 14.40.040 General powers and duties of the university.
AS 22.05.025 Court facilities.
AS 24.20.060 Powers.
AS 36.30.850 Application of this chapter.
AS 44.88.680 Qualified energy development; powers and duties of the authority.
AS 44.88.830 Qualified infrastructure development; powers and duties of the authority.

History

(Sec. 7 ch 75 SLA 1994; am Sec. 2, 3 ch 36 SLA 1995; am Sec. 1 ch 105 SLA 2008)