Legislature(1997 - 1998)
1998-03-04 House Journal
Full Journal pdf1998-03-04 House Journal Page 2501 HB 53 The following was read the second time: HOUSE BILL NO. 53 "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; authorizing an agreement by which the Department of Corrections may, for the benefit of the state, enter into one lease of, or similar agreement to use, space within a correctional facility that is operated by a private contractor, and setting conditions on the operation of the correctional facility affected by the lease or use agreement; and giving notice of and approving a lease-purchase agreement or similar use-purchase agreement for the design, construction, and operation of a correctional facility, and setting conditions and limitations on the facility's design, construction, and operation." with the: Journal Page JUD RPT CS(JUD) 2DNP 4NR 985 3 FNS (REV, DOT, COR) 985 ZERO FISCAL NOTE (ADM) 985 FIN RPT CS(FIN) NT 6DP 1NR 2343 LETTER OF INTENT WITH FIN REPORT 2344 INDETERMINATE FISCAL NOTE (COR) 2345 2 ZERO FISCAL NOTES (ADM, REV) 2345 1998-03-04 House Journal Page 2502 HB 53 RLS RPT CS(RLS) NT 3DP 3NR 2492 LETTER OF INTENT WITH RLS REPORT 2493 INDETERMINATE FISCAL NOTE (COR) 2/18/98 2494 2 ZERO FISCAL NOTES (ADM, REV) 2/18/98 2494 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 53(RLS) "An Act expressing legislative intent without the force of law concerning correctional facility space and the Cleary v. Smith case; relating to the power of municipalities to provide for the confinement and care of prisoners; relating to authorizing the Department of Corrections to enter into agreements to lease facilities for the confinement and care of prisoners with the City of Delta Junction and with the Municipality of Anchorage; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ivan: Page 1, line 6, following "Anchorage;" (title amendment): Insert "giving notice of and relating to approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for the expansion of the Yukon-Kuskokwim Correctional Center;" Page 2, following line 28: Insert a new bill section to read: "* Sec. 4. NOTICE AND APPROVAL OF THE ENTRY INTO AND FINANCING OF LEASE-PURCHASE AGREEMENT. (a) The Department of Administration, on behalf of the Department of Corrections, is authorized to enter into a lease-purchase agreement with the City of Bethel for the expansion of the Yukon-Kuskokwim Correctional Center to house prisoners committed to the custody of the commissioner of corrections, to be financed by a lease-purchase agreement under AS36.30.085. The state bond committee is authorized to provide for the issuance of certificates of participation in one or more series in the aggregate principal amount of $5,000,000 for 1998-03-04 House Journal Page 2503 HB 53 the cost of construction, acquisition, and other costs of financing the project. The total annual amount of the rental obligation is estimated to be $530,000. The total lease payments for the 15-year term of the lease-purchase agreement for the project is estimated to be $8,038,500. The state shall own the facility at the end of the lease term. (b) The state bond committee may contract for the credit instruments and trust services it considers necessary in financing this project. (c) This section constitutes the notice and approval required by AS36.30.085. (d) In this section, "state bond committee" means the bond committee established under AS37.15.110." Renumber the following bill sections accordingly. Page 4, line 14: Delete "sec. 4" Insert "sec. 5" Representative Ivan moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. **The presence of Representative Hanley was noted. Representative Ivan moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Croft: Page 2, following line 24: Insert a new paragraph to read: "(2) the lease must provide that the third-party contractor operating the facility shall (A) upon the escape of a prisoner from the correctional facility, immediately notify the Department of Corrections, the Alaska state troopers, and municipal police departments of the 1998-03-04 House Journal Page 2504 HB 53 escape and identify the prisoner and the crime the prisoner was committed for, describe the appearance of the prisoner at the time of the escape, describe how and when the prisoner escaped, and provide any other information that might be useful in locating and apprehending the prisoner; and (B) reimburse all law enforcement agencies participating in the search for, pursuit of, apprehension of, and return to incarceration of a prisoner who escapes from the correctional facility;" Renumber the following paragraph accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 53(RLS) Second Reading Amendment No. 2 YEAS: 10 NAYS: 28 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Joule, Moses And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Berkowitz: 1998-03-04 House Journal Page 2505 HB 53 Page 4, line 12, following "facility": Insert "; (6) the replacement correctional facility may not be located within Lot1A, Block55, of the Anchorage Original Townsite" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 53(RLS) Second Reading Amendment No. 3 YEAS: 8 NAYS: 29 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Joule, Moses Absent: Croft And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Berkowitz: Page 2, lines 16 - 19: Delete all material. Renumber the following bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. 1998-03-04 House Journal Page 2506 HB 53 Representative Mulder objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 53(RLS) Second Reading Amendment No. 4 YEAS: 10 NAYS: 28 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Nicholia, Vezey Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Joule, Moses And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Berkowitz: Page 4, line 6: Delete "$50,000,000" Insert "$67,000,000" Representative Berkowitz moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 53(RLS) Second Reading Amendment No. 5 YEAS: 11 NAYS: 27 EXCUSED: 2 ABSENT: 0 1998-03-04 House Journal Page 2507 HB 53 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Nicholia, Rokeberg Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey, Williams Excused: Joule, Moses And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Davies: Page 4, lines 13 - 15: Delete all material. Renumber the following bill section accordingly. Representative Davies 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 53(RLS) Second Reading Amendment No. 6 YEAS: 8 NAYS: 25 EXCUSED: 2 ABSENT: 5 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Kemplen Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hudson, Ivan, James, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams 1998-03-04 House Journal Page 2508 HB 53 Excused: Joule, Moses Absent: Hodgins, Kelly, Kookesh, Ogan, Therriault And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Davies: Page 2, lines 2 - 4: Delete all material. Reletter the following subsection accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Barnes objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 53(RLS) Second Reading Amendment No. 7 YEAS: 9 NAYS: 25 EXCUSED: 2 ABSENT: 4 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Excused: Joule, Moses Absent: James, Kelly, Ogan, Therriault And so, Amendment No. 7 was not adopted. 1998-03-04 House Journal Page 2509 HB 53 Amendment No. 8 was offered by Representative Kubina: Page 3, line 20: Delete "(1) the lease must provide a minimum of 800 prison beds;" Insert "(1) the lease can be for up to 1,000 beds;" Renumber the following paragraphs accordingly. Representative Kubina moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Mulder objected. Amendment to Amendment No. 8 was offered by Representative Kubina: Delete "Insert (1) the lease can be for up to 1,000 beds;" Representative Kubina moved and asked unanimous consent that Amendment to Amendment No. 8 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 8 as amended be adopted?" The roll was taken with the following result: CSHB 53(RLS) Second Reading Amendment No. 8 as amended YEAS: 10 NAYS: 26 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-03-04 House Journal Page 2510 HB 53 Excused: Joule, Moses Absent: James, Ogan And so, Amendment No. 8 as amended was not adopted. Representative Porter moved and asked unanimous consent that CSHB 53(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Elton objected. The Speaker stated that CSHB 53(RLS) will be in third reading on the March 6, 1998 calendar.