Legislature(1997 - 1998)
1998-03-31 Senate Journal
Full Journal pdf1998-03-31 Senate Journal Page 3071 HB 53 CS FOR HOUSE BILL NO. 53(RLS)(title am) An Act expressing legislative intent without the force of law concerning correctional facility space and the Cleary v. Smith case; adding, as a general power of municipalities, the power to provide for, and enter into agreements concerning 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 was read the second time. Senator Sharp, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3006. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 53(FIN) was adopted and read the second time. 1998-03-31 Senate Journal Page 3072 HB 53 Senator Wilken offered Amendment No. 1 : Page 4, following line 19: Insert new bill sections to read: "* Sec. 7. Sections 2 - 4 of this Act take effect only if, before July 1, 2000, (1) the property where the correctional facility that is the subject of sec. 4 of this Act is located is annexed to the City of Delta Junction, and the City of Delta Junction becomes a home rule or first class city; or (2) the property where the correctional facility that is the subject of sec. 4 of this Act is located becomes part of an organized borough that includes the City of Delta Junction or part of a unified municipality that includes the area of the former City of Delta Junction. The chair of the Local Boundary Commission shall inform the lieutenant governor and the revisor of statutes if (1) or (2) of this section occurs before July 1, 2000. * Sec. 8. If secs. 2 - 4 of this Act take effect, they take effect on the day after the event described in sec. 7(1) or (2) of this Act occurs." Renumber the following bill section accordingly. Page 4, line 20: Delete "This" Insert "Except as provided in sec. 8 of this Act, this" Senator Wilken moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 53(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Green, Halford, Phillips, Sharp, Torgerson, Wilken Nays: Adams, Donley, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Ward 1998-03-31 Senate Journal Page 3073 HB 53 Excused: Duncan and so, Amendment No. 1 failed. Senator Halford offered Amendment No. 2 : Page 3, line 29 following facilities, Insert and Page 3, line 30 following facilities, Delete and to replace the Sixth Avenue Correctional Center, Page 4, line 1 following for Delete the replacement of the Sixth Avenue Correctional Center in Anchorage with Senator Halford moved and asked unanimous consent for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Phillips objected. President Miller ruled the objection out of order. Senator Ellis offered Amendment No. 3 : Page 4, lines 6-9: Delete all material and replace with the following: (2) the capital cost may not exceed $67,000,000; (3) the annual lease payment should not exceed $5,770,000, with a total lease payment over the 20-year lease not to exceed $116,561,500; Senator Ellis moved for the adoption of Amendment No. 3. Objections were heard. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: 1998-03-31 Senate Journal Page 3074 HB 53 SCS CSHB 53(FIN) am S Second Reading Amendment No. 3 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Ellis, Green, Halford, Hoffman, Lincoln, Taylor, Torgerson Nays: Donley, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Ward, Wilken Excused: Duncan and so, Amendment No. 3 failed. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 53(FIN) am S was read the third time. Senator Ward moved and asked unanimous consent that the House Letter of Intent (House Journal page 2493) be adopted as a Senate Letter of Intent. Senator Kelly objected, then withdrew his objection. There being no further objections, the Legislative Letter of Intent was adopted. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 53(FIN) am S An Act expressing legislative intent without the force of law concerning correctional facility space and the Cleary v. Smith case; adding, as a general power of municipalities, the power to provide for, and enter into agreements concerning 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 pass the Senate? The roll was taken with the following result: 1998-03-31 Senate Journal Page 3075 HB 53 SCS CSHB 53(FIN) am S Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Ward, Wilken Nays: Adams, Ellis, Green, Halford, Hoffman, Taylor, Torgerson Excused: Duncan and so, SENATE CS FOR CS FOR HOUSE BILL NO. 53(FIN) am S passed the Senate with a Legislative Letter of Intent. Senator Taylor moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: SCS CSHB 53(FIN) am S Effective Date Clause YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Duncan and so, the effective date clause was adopted. Senator Adams gave notice of reconsideration.