Legislature(1995 - 1996)
1996-03-13 House Journal
Full Journal pdf1996-03-13 House Journal Page 3105 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday March 13, 1996 Sixty-sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:20 a.m. Roll call showed 32 members present. Representative Nicholia had been previously excused from a call of the House today. Representative B.Davis was excused due to an emergency. Representatives Davies, Finkelstein, Hanley, Kott, Kubina and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Skip Walker of the Evangel Assembly of God. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our Gracious Heavenly Father, Today we once again seek Your blessing upon this Legislature. Complex issues abound and easy answers are not always at hand. Our decisions are hard on some but may benefit others. Let us be reminded about Your grace and mercy as we reason together. Let us extend that same grace and mercy to those whom we serve and represent. As their representatives, let us know and feel their needs in our minds as well as our hearts. Amen. The Pledge of Allegiance was led by Representative Porter. 1996-03-13 House Journal Page 3106 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 65th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SB 6 A message dated March 12, 1996, was read stating the Senate has failed to concur in the House amendment to SB 6 am, namely: HOUSE CS FOR SENATE BILL NO. 6(CRA) An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Taylor, Chair Senator Donley Senator Halford HCS SB 6(CRA) is under Unfinished Business. A message dated March 12, 1996, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 134 SENATE BILL NO. 134 am by Senators Kelly, Halford, Pearce, Leman, Taylor, Rieger and Phillips, entitled: 1996-03-13 House Journal Page 3107 SB 134 An Act establishing an endowment for the Robert B. Atwood journalism chair at the University of Alaska Anchorage; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees. SB 194 CS FOR SENATE BILL NO. 194(JUD) by the Senate Judiciary Committee, entitled: An Act relating to offenses associated with criminal street gangs, and to sentencing for those offenses; relating to the offenses of murder in the second degree, an unclassified felony, misconduct involving weapons in the first degree, a class A felony, and misconduct involving weapons in the third degree, a class C felony; and amending Rule 702(a), Alaska Rules of Evidence; and providing for an effective date. was read the first time and referred to the Judiciary Committee. **The presence of Representatives Therriault and Kott was noted. oted REPORTS OF STANDING COMMITTEES HJR 62 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 62 Requesting the federal government to purchase surplus 1995 Alaska canned pink salmon. The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (7): Davies, Long, Williams, Green, Austerman, Kott, Ogan The following fiscal note applies: 1996-03-13 House Journal Page 3108 HJR 62 Zero fiscal note, House Resources Committee, 3/13/96 HJR 62 was referred to the Rules Committee for placement on the calendar. HB 93 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 93 An Act relating to the duty-free mealtime for teachers in certain school facilities. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): Toohey, Vezey Do not pass (3): Bunde, Robinson, Brice No recommendation (2): G.Davis, Rokeberg The following fiscal note applies: Zero fiscal note, Dept. of Education, 3/13/96 HB 93 was referred to the Finance Committee. HB 348 The State Affairs Committee has considered: HOUSE BILL NO. 348 An Act requiring that all official interviews with children who are alleged to have been abused or neglected be videotaped or audiotaped. and recommends it be replaced with: CS FOR HOUSE BILL NO. 348(STA) An Act establishing the interagency work group on agency accountability and child interview methods. 1996-03-13 House Journal Page 3109 HB 348 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Porter, Robinson No recommendation (2): Green, Ivan The following fiscal notes apply to CSHB 348(STA): Zero fiscal note, Dept. of Health & Social Services, 3/13/96 Zero fiscal note, Dept. of Public Safety, 3/13/96 HB 348 was referred to the Health, Education & Social Services Committee. HB 474 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 474 An Act relating to violations of municipal ordinances and regulations; and amending the definition of the jurisdiction of the superior court and the Department of Health and Social Services over delinquent minors to add a further exclusion from that jurisdiction for a minors violation of a municipal ordinance or regulation that is punishable as an infraction or violation, and making a related technical amendment to that jurisdictional definition. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (4): Rokeberg, Bunde, Toohey, Vezey No recommendation (1): Brice Amend (2): G.Davis, Robinson The following fiscal notes apply: 1996-03-13 House Journal Page 3110 HB 474 Zero fiscal note, Dept. of Health & Social Services, 3/8/96 Zero fiscal note, Dept. of Community & Regional Affairs, 3/8/96 Zero fiscal note, Dept. of Public Safety, 3/8/96 HB 474 was referred to the Judiciary Committee. HB 511 The Resources Committee has considered: HOUSE BILL NO. 511 An Act relating to deposits into the fish and game fund. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (2): Williams, Austerman Do not pass (1): Long No recommendation (4): Davies, Barnes, Kott, Green The following fiscal notes apply: Fiscal note, Dept. of Law, 3/13/96 Fiscal note, Dept. of Fish & Game, 3/13/96 Zero fiscal note, Dept. of Public Safety, 3/13/96 HB 511 was referred to the Finance Committee. **The presence of Representatives Davies and Kubina was noted. ed. REPORTS OF SPECIAL COMMITTEES HB 388 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 388 An Act revising laws relating to oil and gas leasing to authorize a program of areawide leasing. 1996-03-13 House Journal Page 3111 HB 388 and recommends it be replaced with: CS FOR HOUSE BILL NO. 388(O&G) An Act revising laws relating to oil and gas leasing as related to land previously the subject of a written best interest finding; amending provisions setting out exceptions to sales, leases, or other disposals for which a revised written best interest finding is not required; authorizing annual offer of land for oil and gas leases if the land, or adjacent land, was the subject of a best interest finding and if preparation of a supplement to the best interest finding for that land is not justified; and modifying the statement of purpose in the Alaska Land Act as it applies to oil and gas leasing. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Ogan No recommendation (4): Brice, G.Davis, Finkelstein, Williams The following fiscal note applies to CSHB 388(O&G): Fiscal note, Dept. of Natural Resources, 3/13/96 HB 388 was referred to the Resources Committee. HB 390 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 390 An Act relating to the nonresident anadromous king salmon tag and the anadromous king salmon stamp; requiring nonresident alien sport fishermen to be accompanied by a sport fishing guide; and providing for an effective date. and recommends it be replaced with: 1996-03-13 House Journal Page 3112 HB 390 CS FOR HOUSE BILL NO. 390(FSH) An Act relating to the nonresident anadromous king salmon tag and the anadromous king salmon stamp; and providing for an effective date. The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (2): Moses, Elton No recommendation (3): G.Davis, Ogan, Austerman A House Special Committee on Fisheries letter of intent for CSHB390(FSH), signed by Representative Austerman, Chair, appears below: Due to the nature of the contents of this legislation, the House Special Committee on Fisheries respectfully requests that CSHB 390(FSH) be heard in the House Resources Committee rather than the Judiciary Committee, the appointed committee of referral. The following fiscal note applies to CSHB 390(FSH): Fiscal note, Dept. of Fish & Game, 3/13/96 HB 390 was referred to the Judiciary Committee. HB 538 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 538 An Act relating to the establishment of a moratorium for vessels participating in the Bering Sea Korean hair crab fishery; relating to a vessel permit limited entry system; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 538(FSH) (same title) 1996-03-13 House Journal Page 3113 HB 538 The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (2): Austerman, Elton No recommendation (3): G.Davis, Ogan, Moses The following fiscal note applies to CSHB 538(FSH): Zero fiscal note, Dept. of Fish & Game, 3/13/96 HB 538 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - The Alaska Folk Festival, Governor's Award for the Arts By Representatives Elton, Robinson; Senator Duncan In Memoriam - Dagmar White By Senator Zharoff; Representative Austerman In Memoriam - Katie Ellanak By Senator Zharoff; Representative Austerman In Remembrance - Bird House Bar By Representative Toohey FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HR 13 HOUSE RESOLUTION NO. 13 by the House Resources Committee: Relating to the rules of the Iditarod Trail Committee concerning the deaths of dogs that occur during the running of the Iditarod Dog Sled Race. 1996-03-13 House Journal Page 3114 HR 13 was read the first time and referred to the Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 542 HOUSE BILL NO. 542 by the House Community & Regional Affairs Committee, entitled: An Act relating to participation in matters before the Board of Fisheries by members of the board. was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 60 The following was read the second time: HOUSE BILL NO. 60 An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims. with the: Journal Page L&C RPT 4DP 3NR 888 2 ZERO FISCAL NOTES (LABOR, ADM) 889 HES RPT CS(HES) 3DP 2NR 2788 2 ZERO FISCAL NOTES (LABOR, ADM) 2789 FIN REFERRAL WAIVED 2845 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 60(HES) (same title) 1996-03-13 House Journal Page 3115 HB 60 There being no objection, it was so ordered. The Speaker stated that CSHB 60(HES) will be in third reading on tomorrow's calendar. HB 428 The following was read the second time: HOUSE BILL NO. 428 An Act giving notice of and approving a lease-purchase agreement for construction and operation of a correctional facility in the Third Judicial District, and setting conditions and limitations on the facility's construction and operation. with the: Journal Page JUD RPT CS(JUD) NT 3DP 2DNP 1NR 2625 3 FISCAL NOTES (DOT, COR, ADM) 2626 ZERO FISCAL NOTE (REV) 2626 FIN RPT CS(FIN) NT 4DP 3DNP 2NR 2958 FISCAL NOTE (COR) 2959 ZERO FISCAL NOTE (REV) 2/5/96 2959 **The presence of Representatives Finkelstein and Hanley was noted. Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 428(FIN) An Act relating to the authority of the Department of Corrections to contract for facilities for the confinement and care of prisoners, and annulling a regulation of the Department of Corrections that limits the purposes for which an agreement with a private agency may be entered into; and giving notice of and approving a lease- purchase agreement for the design, construction, and operation of a correctional facility in the Third Judicial District, and setting conditions and limitations on the facility's design, construction, and operation. There being no objection, it was so ordered. 1996-03-13 House Journal Page 3116 HB 428 Amendment No. 1 was offered by Representative Therriault: Page 1, line 6 (title amendment): Delete "in the Third Judicial District" Page 3, line 5: Delete "in the Third Judicial District" Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: CS FOR HOUSE BILL NO. 428(FIN) am An Act relating to the authority of the Department of Corrections to contract for facilities for the confinement and care of prisoners, and annulling a regulation of the Department of Corrections that limits the purposes for which an agreement with a private agency may be entered into; and giving notice of and approving a lease- purchase agreement for the design, construction, and operation of a correctional facility, and setting conditions and limitations on the facilitys design, construction, and operation. Amendment No. 2 was offered by Representative Mulder: Page 3, lines 3 - 4: Delete "with a private third-party contractor" Page 3, line 7, following "(b)": Insert "and (c)" Page 3, following line 27: Insert a new subsection to read: "(c) The lease-purchase agreement entered into under this section shall provide for (1) an agreement under which the correctional facility is designed, constructed, and, except for services to prisoners described in (2) of this subsection, operated by a private third-party contractor; the agreement described in this subsection is made for the purpose of 1996-03-13 House Journal Page 3117 HB 428 acquiring, improving, and maintaining the correctional facility structure under AS36.30.085(b), and is exclusive of one or more contracts for the custody, care, and discipline of prisoners housed in the facility as may be authorized by AS33.30.031(a)(1) and (3); (2) an agreement, separate from the agreement described in (1) of this subsection, under which a private third-party contractor or agency operates the facility by providing for custody, care, and discipline services for persons held by the commissioner of corrections under authority of state law; the operating agreement described in this paragraph shall (A) for its initial period, not to exceed five years, be entered into with a private third-party contractor that is the same person as the third-party contractor described in (1) of this subsection; and (B) for the duration of the period of the lease-purchase agreement, be rebid or reoffered at intervals of not more than five years and may be entered into with a contractor or agency other than the person described in (A) of this paragraph." Reletter the following subsections accordingly. Representative Mulder moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Brown objected. Amendment to Amendment No. 2 was offered by Representative Brown: Under Page 3, following line 27 of the amendment: Delete "(c) The lease-purchase agreement entered into under this section shall provide for (1) an agreement under which the correctional facility is designed, constructed, and, except for services to prisoners described in (2) of this subsection, operated by a private third-party contractor; the agreement described in this subsection is made for the purpose of acquiring, improving, and maintaining the correctional facility structure 1996-03-13 House Journal Page 3118 HB 428 under AS36.30.085(b), and is exclusive of one or more contracts for the custody, care, and discipline of prisoners housed in the facility as may be authorized by AS33.30.031(a)(1) and (3); (2) an agreement, separate from the agreement described in (1) of this subsection, under which a private third-party contractor or agency operates the facility by providing for custody, care, and discipline services for persons held by the commissioner of corrections under authority of state law; the operating agreement described in this paragraph shall (A) for its initial period, not to exceed five years, be entered into with a private third-party contractor that is the same person as the third-party contractor described in (1) of this subsection; and (B) for the duration of the period of the lease-purchase agreement, be rebid or reoffered at intervals of not more than five years and may be entered into with a contractor or agency other than the person described in (A) of this paragraph." Insert "(c) The lease-purchase agreement entered into under this section must provide for (1) an agreement under which the correctional facility is designed and constructed by a private third-party contractor; the agreement described in this subsection is made for the purpose of acquiring the correctional facility within the meaning of AS36.30.085(b), and is exclusive of one or more contracts for the custody, care, and discipline of prisoners housed in the facility as may be authorized by AS33.30.031(a)(1) and (3); (2) an agreement, separate from the agreement described in (1) of this subsection, under which a private third-party contractor or agency operates the facility by providing for the custody, care, and disciplinary services for persons held by the commissioner under authority of state law, and maintains the correctional facility; the operating agreement described in this paragraph shall be rebid or reoffered at intervals of not more than five years." Representative Brown moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. Representative Mulder objected. 1996-03-13 House Journal Page 3119 HB 428 The question being: Shall the amendment to Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 428(FIN) am Second Reading Amendment to Amendment No. 2 YEAS: 12 NAYS: 24 EXCUSED: 2 ABSENT: 2 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Nicholia Absent: Masek, Ogan And so, the amendment to Amendment No. 2 was not adopted. Representative Toohey placed a call of the House. The call was satisfied. Objection to Amendment No. 2 was withdrawn. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Mulder: Page 3, line 22, following "capacity;": Insert a new paragraph to read: "(3) may not be constructed for operation by a third-party contractor under the authority given in this Act unless, before commencing construction planning, the commissioner of corrections first evaluates the proposed facility and the evaluation demonstrates that operation of the correctional facility described in (a) of this section will achieve a saving to the state of at least 10 percent when compared 1996-03-13 House Journal Page 3120 HB 428 to the estimated average cost per day to operate all state correctional facilities by the Department of Corrections; for purposes of this paragraph, the estimated average cost per day to operate all state correctional facilities is the amount determined under the formula in use on the effective date of this Act by which the Department of Corrections computes and determines the average daily rate at which to invoice the United States government for the care and custody of a federal prisoner held in a state correctional facility;" Renumber the following paragraph accordingly. Representative Mulder moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Brown objected. Amendment to Amendment No. 3 was offered by Representative Brown: Under paragraph (3) of the amendment, following operation by: Delete "a third-party contractor under the authority given in this Act unless, before commencing construction planning, the commissioner of corrections first evaluates the proposed facility and the evaluation demonstrates that operation of the correctional facility described in (a) of this section will achieve a saving to the state of at least 10 percent when compared to the estimated average cost per day to operate all state correctional facilities by the Department of Corrections; for purposes of this paragraph, the estimated average cost per day to operate all state correctional facilities is the amount determined under the formula in use on the effective date of this Act by which the Department of Corrections computes and determines the average daily rate at which to invoice the United States government for the care and custody of a federal prisoner held in a state correctional facility;" Insert "a contractor under the authority given in this Act unless, before the commissioner of administration enters into a contract for operation of a facility under the authority given in this section, the contractor convincingly demonstrates to the commissioner of corrections that the contractor can (A) operate the facility and provide the services required by this section and in the proposed contract; and 1996-03-13 House Journal Page 3121 HB 428 (B) realize at least a five percent savings over the projected cost to the state if the state were to operate the facility and provide the service." Representative Brown moved and asked unanimous consent that the amendment to Amendment No. 3 be adopted. Representative Mulder objected. The Speaker invoked Section 102 of Masons Manual. The question being: Shall the amendment to Amendment No. 3 be adopted? The roll was taken with the following result: CSHB 428(FIN) am Second Reading Amendment to Amendment No. 3 YEAS: 15 NAYS: 23 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Bunde, Davies, Elton, Finkelstein, Grussendorf, Kott, Kubina, Long, Mackie, Masek, Navarre, Robinson, Willis Nays: Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Nicholia Masek changed from "Nay" to "Yea". And so, the amendment to Amendment No. 3 was not adopted. Representative Mulder moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Representative Brown placed a call of the House and lifted the call. 1996-03-13 House Journal Page 3122 HB 428 Amendment No. 4 was offered by Representative Brice: Page 3, line 7, after "of (b)": Insert "and (c)" Page 3, following line 27: Insert a new subsection to read: "(c) In the evaluation of a bid submitted to construct and operate the correctional facility described in this section, the Department of Administration may give preference to a bid that pledges to employ only state residents." Reletter the following subsections accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Barnes objected. Amendment to Amendment No. 4 was offered by Representative Davies: Under subsection (c) of the amendment, following Administration may: Delete give preference to Insert provide incentive to the maker of and following to employ: Delete only and following residents: Insert as far as practicable Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 4 be adopted. Representative Martin objected. 1996-03-13 House Journal Page 3123 HB 428 The question being: Shall the amendment to Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 428(FIN) am Second Reading Amendment to Amendment No. 4 YEAS: 33 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Masek, Moses, Navarre, Parnell, Phillips, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Kohring, Martin, Mulder, Ogan, Porter Excused: B.Davis, Nicholia Barnes changed from "Nay" to "Yea". Toohey changed from "Nay" to "Yea". Ivan changed from "Nay" to "Yea". Therriault changed from "Nay" to "Yea". Parnell changed from "Nay" to "Yea". Bunde changed from "Nay" to "Yea". Kott changed from "Nay" to "Yea". And so, the amendment to Amendment No. 4 was adopted. The question being: Shall Amendment No. 4 as amended be adopted? The roll was taken with the following result: CSHB 428(FIN) am Second Reading Amendment No. 4 as amended YEAS: 23 NAYS: 15 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, Elton, Finkelstein, Green, Grussendorf, James, Kelly, Kott, Kubina, Long, Mackie, Masek, Moses, Navarre, Robinson, Sanders, Therriault, Vezey, Williams, Willis 1996-03-13 House Journal Page 3124 HB 428 Nays: Barnes, Bunde, G.Davis, Foster, Hanley, Ivan, Kohring, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Toohey Excused: B.Davis, Nicholia Ivan changed from "Yea" to "Nay". And so, Amendment No. 4 as amended was adopted. Amendment No. 5 was offered by Representative Finkelstein: Page 1, line 1 to page 4, line 24: Delete all material Insert "An Act providing for the issuance of general obligation bonds in the amount of $148,500,000 for the purpose of paying the cost of design and construction of state correctional facilities; and providing for an effective date. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. For the purpose of paying the cost of design and construction of correctional facilities of the state, general obligation bonds of the state in the principal amount of not more than $148,500,000 shall be issued and sold. The full faith, credit, and resources of the state are pledged to the payment of the principal of and interest and redemption premium, if any, on the bonds. The bonds shall be issued under the provisions of AS37.15 as those provisions read at the time of issuance. * Sec. 2. If the issuance of the bonds is authorized by the qualified voters of the state, a special fund of the state to be known as the State Correctional Facility Construction Fund shall be established, to which shall be credited the proceeds of the sale of the bonds described in sec.1 of this Act except for the accrued interest and premiums. * Sec. 3. The amount of $148,500,000 is appropriated from the "State Correctional Facility Construction Fund" to the Department of Transportation and Public Facilities to be allocated among the 1996-03-13 House Journal Page 3125 HB 428 following projects in the amounts listed, which include the cost of issuance of the bonds, subject to reallocation between projects in accordance with AS37.07.080(e): (1)Palmer Correctional Center $ 13,050,000 (2)Hiland Mountain (Eagle River) Correctional Center 1,000,000 (3)Yukon-Kuskokwim (Bethel) Correctional Center 5,000,000 (4)Mat-Su Pretrial (Palmer) Correctional Center 6,000,000 (5)Fairbanks Correctional Facility 10,250,000 (6)Anchorage Criminal Justice Facility 60,000,000 (7)North Slope Borough (Barrow) Correctional Facility 15,000,000 (8)Lemon Creek (Juneau) Correctional Center 9,000,000 (9) Wildwood (Kenai) Correctional Center 29,200,000 * Sec. 4. If the issuance of the bonds is authorized by the qualified voters of the state, the cost of issuance of the bonds, included in the amount appropropriated by sec. 3 of this Act, may be paid by means of a net transaction by which the trustee of the bonds shall retain a part of the bond proceeds for this purpose. * Sec. 5. The amount withdrawn from the public facility planning fund for the purpose of advance planning for the improvements financed under this Act shall be reimbursed to the fund from the proceeds of the sale of bonds authorized by this Act. * Sec. 6. The unexpended and unobligated balance of the appropriation made in sec. 3 of this Act lapses under AS37.25.020 and is appropriated to the state bond committee to redeem bonds sold under the Act or to pay rebatable arbitrage if necessary. The amounts expended from the general fund to pay the principal, interest, and redemption premium on bonds issued under this Act shall be reimbursed to the general fund from the appropriation made under this section to the extent that the money is not needed to redeem the bonds. * Sec. 7. The question whether the bonds authorized in this Act are to be issued shall be submitted to the qualified voters of the state at the next general election and shall read substantially as follows: PROPOSITION State General Obligation Correctional Facility Design and Construction Bonds $148,500,000 1996-03-13 House Journal Page 3126 HB 428 Shall the State of Alaska issue its general obligation bonds in the principal amount of not more than $148,500,000 for the purpose of paying the cost of design and construction of state correctional facilities? The annual operating cost of the facilities is estimated at $28,783,600. Between 1997 and 2013 the average annual debt service for bonds is estimated at $13,423,000. Bonds Yes ª ß Bonds Noª ß * Sec. 8. This Act takes effect immediately under AS01.10.070(c). Representative Finkelstein moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSHB 428(FIN) am Second Reading Amendment No. 5 YEAS: 11 NAYS: 21 EXCUSED: 2 ABSENT: 6 Yeas: Austerman, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Navarre, Robinson, Willis Nays: Barnes, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Nicholia Absent: Brice, Bunde, Martin, Masek, Moses, Sanders And so, Amendment No. 5 was not adopted. 1996-03-13 House Journal Page 3127 The Speaker stated that, without objection, the House would recess until 6:30 p.m.; and so, the House recessed at 12:44 p.m. AFTER RECESS The House was called back to order at 6:41 p.m. The presence of Representative B.Davis, who had been previously excused, was noted. Representative Brown placed a call of the House. The call was satisfied. SECOND READING OF HOUSE BILLS (continued) 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. SECOND READING OF HOUSE RESOLUTIONS HJR 59 The following was read the second time: HOUSE JOINT RESOLUTION NO. 59 Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations 1996-03-13 House Journal Page 3135 HJR 59 identified in the Agency's draft permit and, consistent with the philosophy of the Agency's 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the National Pollutant Discharge Elimination System permits in place. with the: Journal Page RES RPT CS(RES) NT 6DP 2903 ZERO FISCAL NOTE (H.RES/LEG) 2903 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 59(RES) Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations identified in the Agency's draft permit and, consistent with the philosophy of the Agency's 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the Cook Inlet National Pollutant Discharge Elimination System permit in place. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHJR 59(RES) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. 1996-03-13 House Journal Page 3136 HJR 59 The question being: Shall CSHJR 59(RES) advance to third reading on the same day? The roll was taken with the following result: CSHJR 59(RES) Second Reading Advance to Third Reading YEAS: 27 NAYS: 11 EXCUSED: 1 ABSENT: 1 Yeas: 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 Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Robinson, Willis Excused: Nicholia Absent: Brice And so, lacking the necessary 30 votes, CSHJR 59(RES) failed to advance and will be in third reading on tomorrow's calendar. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Alaska Wing, Civil Air Patrol By Representatives Masek, Phillips, Austerman, Brice, Bunde, Davies, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-03-13 House Journal Page 3137 Honoring - Dennis L. Berry, P.E., 1996 Alaska Engineer of the Year By Senator Leman; Representatives Phillips, Bunde, Davies, G.Davis, Elton, Foster, Green, Hanley, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Therriault - from 12:30 p.m., March 15 to 9:25 a.m., plane time, March 18, 1996 Representative Brown - from 12:00 noon, April 4 to 9:25 a.m., plane time, April 9, 1996 Representative Masek - from 1:00 p.m., March 14 to 9:25 a.m., March 18, 1996 HB 63 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing. SSHB 63 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 391 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 391 An Act relating to succession to assets and liabilities of dissolved municipalities. 1996-03-13 House Journal Page 3138 HB 391 HB 391 was removed from the Finance Committee and was referred to the Rules Committee for placement on the calendar. HB 462 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 462 An Act relating to the offenses of driving while intoxicated and refusal to submit to a chemical test of breath or blood; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date. HB 462 was removed from the Finance Committee and was referred to the Rules Committee for placement on the calendar. HB 502 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 502 An Act relating to the auctioning of real estate. HB 502 was removed from the Finance Committee and was referred to the Rules Committee for placement on the calendar. HB 517 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Porter, Chair: HOUSE BILL NO. 517 An Act relating to records and hearings of the Department of Public Safety; relating to a temporary permit to drive a motor vehicle; relating to regulation of motor vehicles and commercial motor vehicles; relating to renewal of a driver's license by mail; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date. 1996-03-13 House Journal Page 3139 HB 517 HB 517 was removed from the Judiciary Committee and was referred to the Rules Committee for placement on the calendar. RECONSIDERATION HJR 58 Representative Finkelstein moved and asked unanimous consent that the reconsideration (page 3097) of the following be held one legislative day: CS FOR HOUSE JOINT RESOLUTION NO. 58(RES) Relating to reauthorization and reform of the Endangered Species Act. There being no objection, it was so ordered. HB 59 Representative Brown brought up reconsideration of the vote on CSHB59(RES) (page 3095). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 59(RES) An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date. Representative Toohey placed a call of the House and lifted the call. The question to be reconsidered: Shall CSHB 59(RES) pass the House? The roll was taken with the following result: CSHB 59(RES)--RECONSIDERATION Third Reading Final Passage YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-03-13 House Journal Page 3140 HB 59 Nays: Brown, Davies, Elton, Finkelstein, Long, Masek, Navarre Excused: Nicholia And so, CSHB 59(RES) passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 59(RES) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS SB 77 Representative Toohey added her name as cross sponsor to: CS FOR SENATE BILL NO. 77(FIN) am An Act relating to management of game populations, to the powers and duties of the commissioner of fish and game, and to the division of game. ENGROSSMENT HB 59 CSHB 59(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 38 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:50 p.m., March 13, 1996: 1996-03-13 House Journal Page 3141 HB 38 SENATE CS FOR CS FOR HOUSE BILL NO. 38(FIN) am S An Act relating to criminal sentencing; relating to good time credit; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite sentences, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 14, 1996. There being no objection, the House adjourned at 7:53 p.m. Suzi Lowell Chief Clerk