Legislature(2001 - 2002)
2002-04-26 House Journal
Full Journal pdf2002-04-26 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.