Legislature(2001 - 2002)

2002-04-26 House Journal

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2002-04-26                     House Journal                      Page 3169
HB 498                                                                                            
The following was read the second time:                                                             
                                                                                                    

2002-04-26                     House Journal                      Page 3170
     HOUSE BILL NO. 498                                                                             
     "An Act expressing legislative intent regarding privately operated                             
     correctional facility space and services; relating to the                                      
     development and financing of privately operated correctional                                   
     facility space and services; authorizing the Department of                                     
     Corrections to enter into an agreement for the confinement and                                 
     care of prisoners in privately operated correctional facility space;                           
     and providing for an effective date."                                                          
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 STA RPT 3DP 2DNP 1NR                                                 2519                          
 FN1: (REV)                                                           2519                          
 FN2: (COR)                                                           2519                          
 FIN RPT CS(FIN) NT 4DP 3NR 1AM                                       3062                          
 FN3: (COR)                                                           3062                          
 FN4: (REV)                                                           3062                          
                                                                                                    
**The presence of Representative Davies was noted.                                                  
                                                                                                    
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. 498(FIN)                                                                 
     "An Act expressing legislative intent regarding privately operated                             
     correctional facility space and services; relating to the                                      
     development and financing of privately operated correctional                                   
     facility space and services; authorizing the Department of                                     
     Corrections to enter into an agreement for the confinement and                                 
     care of prisoners in privately operated correctional facility space                            
     in the City of Whittier; giving notice of and approving the entry                              
     into and the issuance of certificates of participation for the                                 
     upgrade, expansion, and replacement of a certain correctional                                  
     facility in the City of Bethel; giving notice of and approving the                             
     entry into lease-financing agreements for that project; and                                    
     providing for an effective date."                                                              
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                

2002-04-26                     House Journal                      Page 3171
Page 1, line 7(title amendment):                                                                    
     Delete "in the City of Bethel"                                                               
                                                                                                    
Page 1, line 8(title amendment):                                                                    
     Delete "for that project"                                                                    
                                                                                                    
Page 2, line 1, following "INTENT.":                                                                
     Insert "(a)"                                                                                   
                                                                                                    
Page 2, following line 14:                                                                          
     Insert a new subsection to read:                                                               
     "(b)  It is the intent of the legislature in secs. 4 and 5 of this Act,                        
that the weighted average per diem cost at the publicly operated                                    
facilities (excluding costs related to major medical, prescription                                  
medication, and transportation of prisoners and other services                                      
excluded in contracts for Alaska prisoner care and custody in privately                             
operated facilities outside the state) will be less than $79 in current                             
dollars."                                                                                           
                                                                                                    
Page 3, line 4:                                                                                     
     Delete "1,000"                                                                                 
     Insert "250"                                                                                   
                                                                                                    
Page 3, line 10:                                                                                    
     Delete "1,000"                                                                                 
     Insert "250"                                                                                   
                                                                                                    
                                                                                                    
Page 5, following line 9:                                                                           
     Insert a new bill section to read:                                                             
"* Sec. 5.  The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                       
     AUTHORIZATION TO LEASE CORRECTIONAL FACILITY                                                   
SPACE WITH MUNICIPALITIES.  (a)  To relieve overcrowding of                                         
existing correctional facilities in the state and the extensive use of out-                         
of-state correctional facilities, the Department of Corrections may                                 
enter into agreements with the following municipalities for expanded                                
correctional facilities:                                                                            
              (1)  Fairbanks North Star Borough - expansion of existing                             
     facility by up to 100 beds;                                                                    

2002-04-26                     House Journal                      Page 3172
              (2)  Matanuska-Susitna Borough - expansion of existing                                
     facilities by up to 250 beds;                                                                  
              (3)  Seward - expansion of existing facility by up to 150                             
     beds;                                                                                          
              (4)  City of Kenai - expansion of existing facility by up to                          
     250 beds.                                                                                      
         (b)  The authorizations given by (a) of this section are subject                           
     to the following conditions:                                                                   
              (1)  the average capital cost for all beds may not exceed                             
     $155,000 a bed, adjusted for inflation at the rate of three percent a                          
     year from the effective date of this Act;                                                      
              (2)  the state shall enter into a joint ownership agreement                           
     with the municipality of the expanded facility, enter into a long-                             
     term lease not to exceed 20 years of the municipality's interest in                            
     the facility, and operate the facility; payments under the lease may                           
     not exceed $16,700 a bed;                                                                      
              (3)  the agreement to lease must contain terms providing                              
     that the commissioner of corrections may terminate for cause any                               
     contract for operating the facility."                                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Page 5, lines 11 - 14:                                                                              
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 5, line 15:                                                                                    
     Delete "Sections 1 - 3 and 5"                                                                  
     Insert "Sections 1 - 3 and 6"                                                                  
                                                                                                    
Page 5, lines 16 - 18:                                                                              
     Delete all material.                                                                           
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Harris objected.                                                                     
                                                                                                    

2002-04-26                     House Journal                      Page 3173
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 498(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  17   NAYS:  19   EXCUSED:  3   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess,                                    
Halcro, Hayes, Kapsner, Kerttula, Masek, McGuire, Moses, Scalzi,                                    
Stevens, Whitaker                                                                                   
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Foster, Harris, Hudson,                                     
James, Joule, Kohring, Kookesh, Kott, Lancaster, Meyer, Morgan,                                     
Mulder, Porter, Rokeberg, Wilson                                                                    
                                                                                                    
Excused:  Fate, Ogan, Williams                                                                      
                                                                                                    
Absent:  Murkowski                                                                                  
                                                                                                    
Wilson changed from "Yea" to "Nay".                                                                 
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Halcro:                                               
                                                                                                    
Page 2, lines 11 - 13:                                                                              
     Delete "will be 18 - 20 percent less than the current average per                              
diem rate for all state facilities as reported to the federal government                            
for reimbursement purposes and should be approximately $89 to $91"                                  
     Insert "should be approximately $57"                                                           
                                                                                                    
Page 3, lines 5 - 6:                                                                                
     Delete "must be sufficient to cover:"                                                          
     Insert "may not exceed $57 a prisoner a day in current dollars                                 
adjusted for inflation and will cover"                                                              
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Harris objected.                                                                     
                                                                                                    

2002-04-26                     House Journal                      Page 3174
Amendment to Amendment No. 2 was offered  by Representative                                          
Hayes:                                                                                              
                                                                                                    
 Delete "57"                                                                                        
 Insert "71"                                                                                        
                                                                                                    
Representative Hayes moved and asked unanimous consent that                                         
Amendment to Amendment No. 2 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 2 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 498(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2 as amended                                                                          
                                                                                                    
YEAS:  17   NAYS:  20   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess,                                    
Halcro, Hayes, Hudson, Kerttula, Masek, McGuire, Morgan,                                            
Murkowski, Stevens, Wilson                                                                          
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Foster, Harris, James, Joule,                               
Kapsner, Kohring, Kookesh, Kott, Lancaster, Meyer, Moses, Mulder,                                   
Porter, Rokeberg, Scalzi, Whitaker                                                                  
                                                                                                    
Excused:  Fate, Ogan, Williams                                                                      
                                                                                                    
And so, Amendment No. 2 as amended was not adopted.                                                 
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representative Croft:                                                
                                                                                                    
Page 1, line 8, following "project;"(title amendment):                                            
     Insert "authorizing the Department of Corrections to enter into                              
agreements with certain municipalities for new or expanded                                        
correctional facilities;"                                                                         
                                                                                                    
Page 5, following line 9:                                                                           
     Insert a new bill section to read:                                                             
   "* Sec. 5.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       

2002-04-26                     House Journal                      Page 3175
     AUTHORIZATION TO LEASE CORRECTIONAL FACILITY                                                   
SPACE WITH MUNICIPALITIES.  (a)  To relieve overcrowding of                                         
existing correctional facilities in the state and the extensive use of out-                         
of-state correctional facilities, the Department of Corrections, not later                          
than July 1, 2006, may enter into agreements with the following                                     
municipalities for new or expanded correctional facilities:                                         
              (1)  Dillingham - construction of new facility with 25                                
     beds;                                                                                          
              (2)  Kodiak - construction of new facility with 20 beds;                              
              (3)  Kotzebue - expansion of existing facility by 26 beds;                            
              (4)  North Slope Borough - construction of new facility                               
     with 20 beds.                                                                                  
         (b)  The authorizations given by (a) of this section are subject                           
     to the following conditions:                                                                   
              (1)  the average capital cost for all beds may not exceed                             
     $155,000 a bed, adjusted for inflation each year at a rate equal to                            
     the percentage increase in the Consumer Price Index for urban                                  
     wage earners and clerical workers for Anchorage, Alaska, during                                
     the previous calendar year as determined by the Bureau of Labor                                
     Statistics, United States Department of Labor;                                                 
              (2)  if construction of a new facility is authorized, the                             
     municipality shall own the facility, and the state may enter into a                            
     long-term lease not to exceed 20 years with the municipality to                                
     operate the facility; the annual lease payment for a new facility                              
     may not exceed $16,700 a bed;                                                                  
              (3)  if expansion of an existing facility is authorized, the                          
     state shall enter into a joint ownership agreement with the                                    
     municipality of the expanded facility, enter into a long-term lease                            
     not to exceed 20 years of the municipality's interest in the facility,                         
     and operate the facility; payments under the lease may not exceed                              
     the amount listed in (2) of this subsection;                                                   
              (4)  the agreement to lease must contain terms providing                              
     that the commissioner of corrections may terminate for cause any                               
     contract for operating the facility."                                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 5, line 15:                                                                                    
     Delete "and 5"                                                                                 
     Insert "and 6"                                                                                 
                                                                                                    

2002-04-26                     House Journal                      Page 3176
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Harris objected.                                                                     
                                                                                                    
Representative Berkowitz placed a call of the House.                                                
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 498(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  17   NAYS:  20   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess,                                    
Halcro, Hayes, Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire,                                   
Moses, Stevens                                                                                      
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Foster, Harris, Hudson,                                     
James, Kohring, Kott, Lancaster, Meyer, Morgan, Mulder,                                             
Murkowski, Porter, Rokeberg, Scalzi, Whitaker, Wilson                                               
                                                                                                    
Excused:  Fate, Ogan, Williams                                                                      
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representative Kapsner:                                              
                                                                                                    
Page 5, lines 11 - 14:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Kapsner moved and asked unanimous consent that                                       
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Harris objected.                                                                     
                                                                                                    

2002-04-26                     House Journal                      Page 3177
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 498(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  22   NAYS:  15   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess,                                    
Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Masek,                                    
McGuire, Morgan, Moses, Murkowski, Rokeberg, Scalzi, Wilson                                         
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Foster, Harris, James,                                      
Kohring, Kott, Lancaster, Meyer, Mulder, Porter, Stevens, Whitaker                                  
                                                                                                    
Excused:  Fate, Ogan, Williams                                                                      
                                                                                                    
And so, Amendment No. 4 was adopted.                                                                
                                                                                                    
Amendment No. 5 was not offered.                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
498(FIN) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSHB 498(FIN) am will be in third reading on                                
the April 29, 2002, calendar.