Legislature(2001 - 2002)

2001-04-17 House Journal

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2001-04-17                     House Journal                      Page 1015
HB 149                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 149                                                                              
    "An Act relating to correctional facility space and to authorizing                              
    the Department of Corrections to enter into an agreement to lease                               
    facilities for the confinement and care of prisoners within the                                 
    Kenai Peninsula Borough."                                                                       
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 STA RPT 4DP 2NR 1AM                                                  682                           
 FN1: ZERO(REV)                                                       682                           
 FN2: (COR)                                                           682                           
 FIN RPT CS(FIN) NT 4DP 2DNP 2NR 1AM                                  920                           
 FN2: (COR)                                                           921                           
 FN3: (REV)                                                           921                           
                                                                                                    

2001-04-17                     House Journal                      Page 1016
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 149(FIN)                                                                  
    "An Act expressing legislative intent without the force of law                                  
    regarding correctional facility space; relating to correctional                                 
    facility space; authorizing the Department of Corrections to enter                              
    into an agreement to lease facilities for the confinement and care                              
    of prisoners within the Kenai Peninsula Borough; and providing                                  
    for an effective date."                                                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 24, following "process" through line 28:                                               
 Delete all material.                                                                               
 Insert ".  Notwithstanding other criteria, the competitive process                                 
must use cost to the state as the predominate factor and the ability to                             
provide appropriate services for Native Alaskan inmates as a                                        
significant factor in evaluating the award."                                                        
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
                                                                                                    
**The presence of Representative Kohring was noted.                                                 
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 149(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  23   EXCUSED:  4   ABSENT:  0                                                  
                                                                                                    

2001-04-17                     House Journal                      Page 1017
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess,                                    
Halcro, Hayes, Kerttula, Moses, Scalzi, Whitaker                                                    
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Harris, Hudson,                               
James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Meyer,                                    
Morgan, Mulder, Murkowski, Porter, Stevens, Williams, Wilson                                        
                                                                                                    
Excused:  Masek, McGuire, Ogan, Rokeberg                                                            
                                                                                                    
Cissna changed from "Nay" to "Yea".                                                                 
Kapsner changed from "Yea" to "Nay".                                                                
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, lines 5 - 6:                                                                                
 Delete "should be approximately $89 in current dollars;"                                           
                                                                                                    
Page 2, line 31 through page 3, line 1:                                                             
 Delete all material.                                                                               
 Insert                                                                                             
  "(1) the lease must have a minimum of 800 prison beds;                                            
   (2) the lease payments may not exceed $89, in current                                            
dollars, per day per inmate;                                                                        
   (3) the lease payments must be sufficient to cover"                                              
                                                                                                    
Renumber the following paragraphs 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 149(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  14   NAYS:  21   EXCUSED:  4   ABSENT:  1                                                  
                                                                                                    

2001-04-17                     House Journal                      Page 1018
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Halcro,                                   
Hayes, Hudson, Kerttula, Moses, Murkowski, Scalzi, Whitaker                                         
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Harris, James,                                
Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Meyer, Morgan,                                   
Mulder, Porter, Stevens, Williams, Wilson                                                           
                                                                                                    
Excused:  Masek, McGuire, Ogan, Rokeberg                                                            
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 (title amendment) was offered by Representative                                     
Davies:                                                                                             
                                                                                                    
Page 1, line 1:                                                                                     
 Delete "without force of law"                                                                    
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 3 was adopted and the new title appears below:                                        
                                                                                                    
    CS FOR HOUSE BILL NO. 149(FIN)(title am)                                                        
    "An Act expressing legislative intent regarding correctional                                    
    facility space; relating to correctional facility space; authorizing                            
    the Department of Corrections to enter into an agreement to lease                               
    facilities for the confinement and care of prisoners within the                                 
    Kenai Peninsula Borough; and providing for an effective date."                                 
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
149(FIN)(title am) be considered engrossed, advanced to third reading,                              
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSHB 149(FIN)(title am) will advance to third                               
reading on the April 18, 2001, calendar.