Legislature(1995 - 1996)

1996-03-13 House Journal

Full Journal pdf

1996-03-13                     House Journal                      Page 3127
HB 428                                                                       
Amendment No. 6 was offered by Representative Finkelstein:                     
                                                                               
Page 1, line 1, following Act through page 4, line 24:                       
Delete all material                                                           
                                                                               
	Insert requiring the Department of Corrections to consider a                 
lease-purchase option for the construction and operation of a                  
correctional facility or facilities.                                          
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                              
ALASKA:                                                                        
                                                                              
	* Section 1.  The Department of Corrections shall consider a                
lease-purchase option for the construction and operation of a new              
correctional facility or facilities in order to relieve overcrowding of        
existing correctional facilities.  In considering this option, the             
department shall analyze                                                       
(a) financing options;                                                       
(b) construction and operating costs;                                        
		(c) the department's overall strategy dealing with infrastructure            
and capital needs of existing facilities;                                      
		(d) the affect a new facility would have on prison populations               
in various geographic regions of the state; and                                
		(e) the impact on health and safety of corrections' staff and                
prisoners.                                                                     

1996-03-13                     House Journal                      Page 3128
HB 428                                                                       
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 6 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 6 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  12   NAYS:  27   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Navarre, Robinson, Willis                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses,                 
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 7 was offered by Representative Brown:                           
                                                                               
                                                                               
Page 3, line 27, after "contractor":                                           
	Insert "; for purposes of this subparagraph, the state is unable to           
contract when                                                                  
		(i)  there are no responses to an invitation to bid,                       
request for proposals, or other procurement notice for the                     
facility's operation;                                                          
		(ii)  there are no responsive bids received in response                    
to an invitation to bid for the facility's operation; or                       
		(iii)  the commissioner of corrections determines, for                     
reasonable cause, that it is not in the best interests of the state            
to have the facility operated by a third-party under contract."                

1996-03-13                     House Journal                      Page 3129
HB 428                                                                       
Representative Brown moved and asked unanimous consent that                    
Amendment No. 7 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 7 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
James, Kubina, Long, Mackie, Navarre, Robinson, Willis                         
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,                
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered by Representative Brown:                           
                                                                               
Page 3, line 23, following "except":                                           
	Delete "temporarily"                                                          
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 8 be adopted.                                                    
                                                                               
                                                                               
Representative Mulder objected.                                                
                                                                               
                                                                               
The question being:  Shall Amendment No. 8 be adopted?  The roll               
was taken with the following result:                                           

1996-03-13                     House Journal                      Page 3130
HB 428                                                                       
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Robinson, Willis                                
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 9 was offered by Representative Brown:                           
                                                                               
                                                                               
Page 3, line 12:                                                               
Delete anticipated                                                            
                                                                               
                                                                               
Page 3, line 13, following total:                                              
Insert , and must not exceed annual appropriations for that                   
purpose                                                                        
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 9 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
Representative Brown moved and asked unanimous consent to                      
withdraw Amendment No. 9.  There being no objection, it was so                 
ordered.                                                                       
                                                                               

1996-03-13                     House Journal                      Page 3131
HB 428                                                                       
Amendment No. 10 was offered by Representative Brown:                          
                                                                               
Page 3, line 4:                                                                
	Delete "private"                                                              
                                                                               
Page 3, line 24:                                                               
	Delete "private"                                                              
                                                                               
Page 3, line 27:                                                               
	Delete "private"                                                              
                                                                               
Page 4, line 22:                                                               
	Delete "private"                                                              
	Insert "municipality or by a"                                                 
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 10 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 10 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Robinson, Willis                                
                                                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 10 was not adopted.                                      

1996-03-13                     House Journal                      Page 3132
HB 428                                                                       
Amendment No. 11 was offered by Representative Brown:                          
                                                                               
Page 2, lines 24-27:                                                           
Delete ; and                                                              
	(C) may not be administratively restricted or limited by the               
commissioner to use only for prisoners involved in certain                     
rehabilitative or treatment programs authorized by law.                      
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 11 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
Representative Brown moved and asked unanimous consent to                      
withdraw Amendment No. 11.  There being no objection, it was so                
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 12 was offered by Representative Brown:                          
                                                                               
Page 4, lines 21-23:                                                           
Delete section 4 in its entirety                                              
                                                                               
Renumber the following sections accordingly.                                   
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 12 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 12 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  16   NAYS:  23   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein,               
Grussendorf, Kubina, Long, Mackie, Navarre, Phillips, Robinson,                
Williams, Willis                                                               

1996-03-13                     House Journal                      Page 3133
HB 428                                                                       
Nays:  Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan,                
James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,               
Parnell, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                  
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 12 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 13 was offered by Representative Brice:                          
                                                                               
Page 1, line 6, following facility (title amendment):                        
Insert in the Fourth Judicial District                                      
                                                                               
Page 3, line 5, following facility:                                            
Insert in the Fourth Judicial District                                        
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 13 be adopted.                                                   
                                                                               
Representative Vezey objected.                                                 
                                                                               
Representative Brice moved and asked unanimous consent to withdraw             
Amendment No. 13.  There being no objection, it was so ordered.                
                                                                               
Amendment No. 14 was not offered.                                              
                                                                               
Amendment No. 15 was offered by Representative Brice:                          
                                                                               
Page 3, line 22, following ";":                                                
	Delete "and"                                                                  
                                                                               
Page 3, line 27, following "contractor":                                       
	Insert "; and                                                                 
		(4)  may not be constructed unless a significant proportion, if              
not all of  the contractor's employees who will operate the facility will      
be covered by the provisions of a collective bargaining agreement"             
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 15 be adopted.                                                   
                                                                               

1996-03-13                     House Journal                      Page 3134
HB 428                                                                       
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 15 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Navarre, Robinson, Sanders, Williams, Willis                   
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses,                 
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey,         
Vezey                                                                          
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 15 was not adopted.                                      
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB428(FIN) am be considered engrossed, advanced to third                     
reading and placed on final passage.                                           
                                                                               
Representative Brown objected.                                                 
                                                                               
The Speaker stated that CSHB 428(FIN) am would be in third reading             
on tomorrows calendar.