Legislature(1999 - 2000)
1999-05-13 Senate Journal
Full Journal pdf1999-05-13 Senate Journal Page 1411 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Fifteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:23 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Reverend Paul Beran of the Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord and Father of us all: Before You we bow in awe and adoration. You have scooped out the hollows of the sea. You have stacked the frowning mountains and crowned them with glistening snow. Yet You are mindful of us with our hopes, dreams and discouragements. You have not forgotten our names, and even number the hairs of our heads. Help us today in our deliberations and decisions to not forget those without voice, those with weak voice, those with no one to speak for them. Sensitize our souls to Your still small voice and grant us courage to obey that in some way we might be Your channels to other Alaskans. In the Name of Him, Who came, not to be served but to serve, Jesus the Christ. Amen. Senator Tim Kelly led the Senate in the Pledge of Allegiance. 1411 1999-05-13 Senate Journal Page 1412 Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundred fourteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House HB 208 Message dated May 12 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 208, thus adopting: SENATE CS FOR HOUSE BILL NO. 208(L&C) An Act relating to professional counselors; and providing for an effective date. SB 42 Message dated May 12 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 42(JUD) An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 50 Message dated May 12 was read, stating the House passed and returned: SENATE BILL NO. 50 am An Act relating to certain boiler and pressure vessel inspections and inspectors; and providing for an effective date. The bill was referred to the Secretary for enrollment. 1999-05-13 Senate Journal Page 1413 SB 88 Message dated May 12 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 88(FIN) An Act relating to licensure of dietitians and nutritionists; and providing for an effective date. The bill was referred to the Secretary for enrollment. Message dated May 12 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 33 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 33(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act relating to arrests. was read the first time and referred to the Judiciary Committee. HB 192 CS FOR HOUSE BILL NO. 192(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act relating to reciting the pledge of allegiance by public school students. was read the first time and referred to the State Affairs Committee. Standing Committee Reports SB 117 The Health, Education and Social Services Committee considered SENATE BILL NO. 117 An Act relating to property insurance required for school districts and recommended it be replaced with 1999-05-13 Senate Journal Page 1414 SB 117 CS FOR SENATE BILL NO. 117(HES) An Act relating to property insurance required for regional educational attendance areas. Signing do pass: Senator Miller, Chair, Senator Wilken. Signing amend: Senator Elton. Signing no recommendation: Senator Pete Kelly. Indeterminate fiscal note published today from Department of Education. The bill was referred to the Labor and Commerce Committee. SB 165 The Judiciary Committee considered SENATE BILL NO. 165 An Act relating to the remedies available to judgment creditors against limited liability company members and their assignees and against limited partnership general and limited partners and their assignees; and providing for an effective date. Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Ellis, Donley. Zero fiscal note published today from Department of Law. The bill was referred to the Finance Committee. SB 166 The Judiciary Committee considered SENATE BILL NO. 166 An Act relating to the amendment and revocation of spouses community property agreements and community property trusts; and providing for an effective date. Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Ellis, Donley. Zero fiscal note published today from Department of Law. The bill was referred to the Rules Committee. 1999-05-13 Senate Journal Page 1415 SB 170 The Health, Education and Social Services Committee considered SENATE BILL NO. 170 An Act relating to credited service under the teachers retirement system for education employees on leave without pay or receiving workers compensation benefits because of certain on-the-job injuries and recommended it be replaced with CS FOR SENATE BILL NO. 170(HES) Signing do pass: Senator Miller, Chair, Senators Wilken, Elton, Pete Kelly. Zero fiscal note published today from Department of Administration. The bill was referred to the Finance Committee. HB 70 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 70(RLS) am An Act relating to questionnaires or surveys administered in public schools and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO.70(HES) Signing do pass: Senator Miller, Chair, Senators Wilken, Pete Kelly. Signing do not pass: Senator Elton. Previous House indeterminate fiscal note. The bill was referred to the Rules Committee. HB 177 The Judiciary Committee considered CS FOR HOUSE BILL NO. 177(HES) An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules. Signing do pass: Senator Taylor, Chair, Senators Ellis, Donley. 1999-05-13 Senate Journal Page 1416 HB 177 Previous House zero fiscal notes. The bill was referred to the Rules Committee. HCR 12 The Resources Committee considered HOUSE CONCURRENT RESOLUTION NO. 12 am Relating to the states interest in oil and gas company mergers and establishing a Joint Special Committee on Mergers as a joint committee of the legislature. Signing do pass: Senator Halford, Chair, Senators Mackie, Pete Kelly, Green, Taylor. Signing no recommendation: Senator Lincoln. Zero fiscal note published today from the Senate Resources Committee. The resolution was referred to the Rules Committee. SB 94 The Rules Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94 An Act relating to the medical use of marijuana; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Pearce. Signing to calendar and do pass: Senator Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. SB 157 The Rules Committee considered SENATE BILL NO. 157 An Act relating to power cost equalization; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations, adequately fund: Senator Ellis. The bill is on todays calendar. SR 3 The Rules Committee considered SENATE RESOLUTION NO. 3 Relating to the need for a final opinion in Bess v. Ulmer. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. 1999-05-13 Senate Journal Page 1417 SR 3 The resolution is on todays calendar. HB 201 The Rules Committee considered CS FOR HOUSE BILL NO. 201(FIN) am An Act relating to the computation of overtime; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HB 214 The Rules Committee considered CS FOR HOUSE BILL NO. 214(JUD) An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. Special Committee Reports SB 33 May 13, 1999 Madam President: Mr. Speaker: The Conference Committee considering CS FOR SENATE BILL NO. 33(FIN) An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date and HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H respectfully requests limited powers of free conference on the following specific point: 1999-05-13 Senate Journal Page 1418 SB 33 The composition of the Commission on Privatization and Delivery of Government Services. Signing the letter: Senators Halford, Pearce, Elton; Representatives Cowdery, Ogan, Brice. President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. Consideration of the Calendar Second Reading of Senate Bills SB 94 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94 An Act relating to the medical use of marijuana; and providing for an effective date was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1385. Without objection, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) was adopted and read the second time. Senator Ellis offered Amendment No. 1 : Page 2, lines 30-31: Delete all material Page 3, line 1: Delete (2) Insert (1) 1999-05-13 Senate Journal Page 1419 SB 94 Page 3, line 4: Delete (3) Insert (2) Senator Ellis moved for the adoption of Amendment No. 1. Senator Tim Kelly objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Ellis offered Amendment No. 2 : Page 8, line 7 and lines 11-12: Delete one-year Insert 16-month Senator Ellis moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CS SSSB 94(FIN) am Second Reading Amendment No. 2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Wilken Nays: Green, Halford, Kelly Pete, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward and so, Amendment No. 2 failed. Senator Mackie 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. CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am was read the third time. 1999-05-13 Senate Journal Page 1420 SB 94 The question being: Shall CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am An Act relating to the medical use of marijuana; and providing for an effective date pass the Senate? The roll was taken with the following result: CS SSSB 94(FIN) am Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. Senator Mackie moved and asked unanimous consent that the Senate advance to Unfinished Business. Without objection, the Senate advanced to: Unfinished Business Reconsideration of Senate Bills SB 103 Senator Ward requested that the reconsideration on SENATE BILL NO. 103 am An Act relating to a curriculum for Native language education; and providing for an effective date be taken up. The bill was before the Senate on reconsideration. 1999-05-13 Senate Journal Page 1421 SB 103 Senator Ward moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. (Amendment No. 4 was not offered.) Without objection, the bill was returned to second reading. Senator Ward offered Amendment No. 5 : Page 3, lines 10-11: Delete in a district in which a majority of the students are Alaska Natives Page 3, line 13: Delete . Insert and any school district with Alaska Native students may establish a local Native language curriculum advisory board for each school with Alaska Native students in their district. Senator Ward moved for the adoption of Amendment No. 5. Without objection, Amendment No. 5 was adopted. SENATE BILL NO. 103 am was automatically in third reading. The question to be reconsidered: Shall SENATE BILL NO. 103 am An Act relating to a curriculum for Native language education; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 103 am Third Reading - On Reconsideration Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SENATE BILL NO. 103 am passed the Senate on reconsideration. 1999-05-13 Senate Journal Page 1422 SB 103 Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 96 Senator Halford, Chair, moved and asked unanimous consent that the Resources Committee referral be waived on CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 96(FIN) An Act relating to deposits to the Alaska permanent fund from mineral lease rentals, royalties, royalty sale proceeds, net profit shares under AS 38.05.180(f) and (g), federal mineral revenue sharing payments received by the state from mineral leases, and bonuses received by the state from mineral leases, and limiting deposits from those sources to the 25 percent required under art. IX, sec. 15, Constitution of the State of Alaska; and providing for an effective date. Without objection, the bill was referred to the Finance Committee. Reconsideration of Senate Bills SB 10 Senator Donley requested that the reconsideration on CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground pass the Senate? The roll was taken with the following result: 1999-05-13 Senate Journal Page 1423 SB 10 CS SSSB 10(FIN) Third Reading - On Reconsideration YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Green, Hoffman, Lincoln, Phillips and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to 5:00 p.m. Without objection, the Senate recessed at 1:01 p.m. After Recess The Senate reconvened at 5:49 p.m. Senator Mackie moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, the Senate returned to: Messages from the House Message dated May 13 was read, stating the House passed and transmitted for consideration: 1999-05-13 Senate Journal Page 1424 First Reading and Reference of House Resolutions HCR 11 HOUSE CONCURRENT RESOLUTION NO. 11 BY REPRE- SENTATIVES DYSON, Smalley, Relating to substance abuse treatment for offenders in the criminal justice system. was read the first time and referred to the Judiciary Committee. First Reading and Reference of House Bills HB 85 CS FOR HOUSE BILL NO. 85(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to licensure and professional discipline of members of the teaching profession and providing for related penalties; relating to grounds for dismissal of a teacher; relating to the Professional Teaching Practices Commission; relating to limited immunity for procedures under the Educator Ethics Act; making conforming amendments; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services Committee. HB 92 HOUSE BILL NO. 92 BY REPRESENTATIVE DAVIS, entitled: An Act relating to municipal taxation of alcoholic beverages. 1999-05-13 Senate Journal Page 1425 HB 92 was read the first time and referred to the Community and Regional Affairs, State Affairs and Finance Committees. Standing Committee Reports SB 162 The Judiciary Committee considered SENATE BILL NO. 162 An Act relating to the rule against perpetuities, nonvested property interests, and powers of appointment; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 162(JUD) Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Ellis, Donley. Zero fiscal note published today from Department of Law. The bill was referred to the Rules Committee. HCR 5 The Transportation Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA) Relating to extension of the James Dalton Highway to the Arctic Ocean. Signing do pass: Senator Ward, Chair, Senator Halford. Signing no recommendation: Senator Pearce. Signing do not pass: Senator Lincoln. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HB 78 The Transportation Committee considered CS FOR HOUSE BILL NO. 78(TRA) An Act relating to transfer of a vehicle title by the owner; and providing for an effective date. Signing do pass: Senator Ward, Chair, Senators Halford, Lincoln, Pearce. 1999-05-13 Senate Journal Page 1426 HB 78 Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 216 The Transportation Committee considered CS FOR HOUSE BILL NO. 216(TRA) An Act relating to school buses. Signing do pass: Senator Ward, Chair, Senators Pearce, Halford. Previous House zero fiscal note. The bill was referred to the Rules Committee. Consideration of the Calendar Continued Second Reading of Senate Bills SB 157 SENATE BILL NO. 157 An Act relating to power cost equalization; and providing for an effective date was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1386. Without objection, CS FOR SENATE BILL NO. 157(FIN) An Act relating to power cost equalization; relating to appropriations from the National Petroleum Reserve - Alaska special revenue fund to the power cost equalization and rural electric capitalization fund; relating to the power cost equalization and rural electric capitalization fund and the four dam pool transfer fund; and providing for an effective date was adopted and read the second time. Amendment No. 1 was not offered. 1999-05-13 Senate Journal Page 1427 SB 157 Senator Taylor offered Amendment No. 2 : Page 2, line 17: Delete "(A) except as provided in (B) of this paragraph," Page 2, lines 21 - 28: Delete "(B) as of the date of any Alaska Industrial Development and Export Authority determination that sufficient money is available to complete the power transmission intertie between the Swan Lake and Tyee Lake hydroelectric projects without using the amounts that would otherwise be transferred to the Southeast energy fund under (A) of this paragraph, those amounts are instead transferred to the power cost equalization and rural electric capitalization fund to be used for power cost equalization and rural electric projects ¦AND" Insert "¦; AND" Senator Taylor moved for the adoption of Amendment No. 2. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 2 was adopted. Senator Mackie 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. CS FOR SENATE BILL NO. 157(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 157(FIN) am An Act relating to power cost equalization; relating to appropriations from the National Petroleum Reserve - Alaska special revenue fund to the power cost equalization and rural electric capitalization fund; relating to the power cost equalization and rural electric capitalization fund and the four dam pool transfer fund; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-05-13 Senate Journal Page 1428 SB 157 CSSB 157(FIN) am Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Kelly Pete, Kelly Tim, Leman, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Wilken Nays: Adams, Ellis, Elton, Green, Halford, Hoffman, Lincoln, Mackie, Ward and so, CS FOR SENATE BILL NO. 157(FIN) am passed the Senate. Senator Mackie moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSSB 157(FIN) am Effective Date Clause YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, the effective date clause was adopted. Senator Donley gave notice of reconsideration. Second Reading of House Bills HB 201 CS FOR HOUSE BILL NO. 201(FIN) am An Act relating to the computation of overtime; and providing for an effective date was read the second time. 1999-05-13 Senate Journal Page 1429 HB 201 Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 201(FIN) am was read the third time. Senators Wilken, Miller, Ellis, Hoffman moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senators Wilken, Miller, Ellis, Hoffman were required to vote. The question being: Shall CS FOR HOUSE BILL NO. 201(FIN) am An Act relating to the computation of overtime; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 201(FIN) am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, CS FOR HOUSE BILL NO. 201(FIN) am passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Adams gave notice of reconsideration. HB 214 CS FOR HOUSE BILL NO. 214(JUD) An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure was read the second time. 1999-05-13 Senate Journal Page 1430 HB 214 Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 214(JUD) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 214(JUD) An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure pass the Senate? The roll was taken with the following result: CSHB 214(JUD) Third Reading - Final Passage Court Rules YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Elton, Lincoln and so, CS FOR HOUSE BILL NO. 214(JUD) passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. Senate Bills in Second Reading SB 97 CS FOR SENATE BILL NO. 97(FIN) An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date which had been held in second reading (page 1399) was before the Senate. 1999-05-13 Senate Journal Page 1431 SB 97 Senator Pete Kelly offered Amendment No. 1 : Page 3, following line 2: Insert a new bill section to read: "* Sec. 2. AS47.30.910 is repealed and reenacted to read: Sec. 47.30.910. Liability for expense of placement in a treatment facility. (a) A patient, or the patients legal representative acting in a representative capacity, or the patients spouse, or the patients parents if the patient is under 18 years of age, shall pay or contribute to the payment of the charges for the care, transportation, and treatment of the patient when hospitalized under AS47.30.660 - 47.30.915. Charges assessed after an order for commitment for treatment is issued and charges assessed when a patient is hospitalized at a facility operated by the department, or under a contract for services with the department, may not exceed the actual cost of the care and treatment. The department may order payment by the patient or by the person responsible for payment for the patients care and treatment under this subsection according to ability to provide for payment. The department may make necessary investigations to determine the ability to pay and may require sworn statements of income by the patient, the patients legal representative acting in a representative capacity, or the patients spouse or parent. In the exercise of the commissioners discretion, the commissioner may impose full liability for the patients actual cost of care and treatment on the patient, the patients legal representative, the patients spouse, or parent for refusal to supply a sworn statement of income. An order for payment must be issued by the department within six months after the date on which the charge was incurred. The order must remain in full force and effect unless modified by subsequent court or department order. Liability under this subsection shall be determined as follows: a patient hospitalized under AS47.30.660 - 47.30.915, or the person responsible for payment of charges for the patient, may be required to pay according to ability to provide for payment, and in the manner and proportion that the department finds is not detrimental to the patients rehabilitation. The department shall, at any time that it determines the action will serve the best interests of the state and the patient or the person 1999-05-13 Senate Journal Page 1432 SB 97 responsible for payment, relieve the patient or the person responsible for payment from liability for charges for the care, transportation, and treatment of the patient. (b) As used in (a) of this section, the term "actual cost of the care and treatment" means either the rate provided for by a contract entered into under AS47.30.660 - 47.30.915, or, in the absence of a contract, a daily rate approved by the department. (c) The department may charge, or accept from a person money or property, for the care or treatment of an inpatient or outpatient or for other purposes, even if the payment is not required by an order of the department, so long as the total payments received do not exceed the actual cost of care or treatment. (d) All money paid by the patient or on the patients behalf to the department under this section must be deposited in the general fund. (e) If an order for payment is entered by the department under this section, and delinquency in the payment of any amount due the state under the order continues for a period of more than 30 days after the notification to the patient or the legal representative, spouse, or parent of the patient by the department, the state may proceed to collect the amounts due by appropriate proceedings. An action to enforce the collection of payments may only be brought within three years after the date of notification of a delinquent payment. (f) The orders of the department issued under this section may relate only to charges incurred after July 1, 2001." Renumber the following bill sections accordingly. Page 3, following line 8: Insert a new bill section to read: "* Sec. 4. AS47.30.915(4) is repealed and reenacted to read: (4) "designated treatment facility" means a hospital, clinic, institution, center, or other health care facility that has been designated by the department for the treatment or rehabilitation of mentally ill persons and for the receipt of these persons by court- ordered commitment, but does not include correctional institutions;" 1999-05-13 Senate Journal Page 1433 SB 97 Renumber the following bill sections accordingly. Page 6, following line 23: Insert a new bill section to read: "* Sec. 6. AS47.31.005, 47.31.010, 47.31.015, 47.31.020, 47.31.025, 47.31.030, 47.31.035, 47.31.900, and 47.31.990 are repealed." Renumber the following bill sections accordingly. Page 6, line 24: Delete "This Act applies" Insert "Sections 1, 3, and 5 of this Act apply" Page 6, line 25, following "of": Insert "secs. 1, 3, and 5 of" Page 6, line 26: Delete all material and insert: "* Sec. 8. Except as provided in sec. 9 of this Act, this Act takes effect immediately under AS01.10.070(c). * Sec. 9. Sections 2, 4, and 6 of this Act take effect July 1, 2001." Senator Pete Kelly moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Mackie 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. CS FOR SENATE BILL NO. 97(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 97(FIN) am An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-05-13 Senate Journal Page 1434 SB 97 CSSB 97(FIN) am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, CS FOR SENATE BILL NO. 97(FIN) am passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of Senate Resolutions SR 3 SENATE RESOLUTION NO. 3 was read the second time and was before the Senate on final passage. The question being: Shall SENATE RESOLUTION NO. 3 Relating to the need for a final opinion in Bess v. Ulmer, pass the Senate? The roll was taken with the following result: SR 3 Second Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln 1999-05-13 Senate Journal Page 1435 SR 3 and so, SENATE RESOLUTION NO. 3 passed the Senate and was referred to the Secretary for engrossment and enrollment. Citations Honoring - 100th Year Anniversary, Utqiagvik Presbyterian Church Senator(s) Adams, Pearce, Phillips, Parnell, Mackie, Tim Kelly, Pete Kelly, Taylor, Wilken, Leman, Green, Hoffman, Lincoln, Elton, Ward Representative(s) Joule Honoring - Beverly Bowers Senator(s) Adams, Parnell, Mackie, Tim Kelly, Pearce, Pete Kelly, Taylor, Wilken, Leman, Green, Hoffman, Lincoln, Elton Honoring - Shirley J. Holloway Representative(s) Brice Senator(s) Mackie, Tim Kelly, Pearce, Pete Kelly, Taylor, Wilken, Leman, Green, Hoffman, Lincoln, Elton, Ellis, Adams, Halford Honoring - Samuel Keith Zamudio Representative(s) Williams Senator(s) Taylor, Mackie, Tim Kelly, Pearce, Pete Kelly, Wilken, Leman, Green, Hoffman, Lincoln, Elton Honoring - Lady Chris Representative(s) Kapsner Senator(s) Hoffman, Mackie, Tim Kelly, Pearce, Pete Kelly, Taylor, Wilken, Leman, Green, Lincoln, Elton, Adams Honoring - Captain Arthur Johnson Representative(s) Hudson, Kerttula Senator(s) Elton, Mackie, Tim Kelly, Pearce, Pete Kelly, Taylor, Wilken, Leman, Green, Hoffman, Lincoln, Adams In Memoriam - Paul Franklin Donley Senator(s) Tim Kelly, Donley, Adams, Ellis, Elton, Green, Halford, Hoffman, Pete Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken 1999-05-13 Senate Journal Page 1436 Senator Mackie moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Reconsideration of Senate Bills SB 94 Senator Leman moved and asked unanimous consent that the reconsideration on CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am be taken up at this time. Senator Ellis objected, then withdrew his objection. There being no further objections, it was so ordered and the bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am An Act relating to the medical use of marijuana; and providing for an effective date pass the Senate? The roll was taken with the following result: CS SSSB 94(FIN) am Third Reading - On Reconsideration Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Lincoln and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am passed the Senate on reconsideration. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 1999-05-13 Senate Journal Page 1437 Announcements Announcements are at the end of the journal. Engrossment SB 10 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 94 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am An Act relating to the medical use of marijuana; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 97 CS FOR SENATE BILL NO. 97(FIN) am An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 103 SENATE BILL NO. 103 am An Act relating to a curriculum for Native language education; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1999-05-13 Senate Journal Page 1438 Enrollment SB 141 HOUSE CS FOR CS FOR SENATE BILL NO. 141(RLS) An Act relating to construction contracts and subcontractors; relating to design-build construction contracts; and providing for an effective date was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:10 a.m., May 13, 1999. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 14, 1999. Without objection, the Senate adjourned at 6:50 p.m. Nancy Quinto Secretary of the Senate May 1999 1999-05-13 Senate Journal Page 1439 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled FINANCE SENATE FINANCE 532 May 13 Thursday 9:00 AM SB 76PERMANENT FUND INCOME ADVISORY VOTE HEARD AND HELD BILLS PREVIOUSLY HEARD/SCHEDULED May 14 Friday 8:00 AM += SB 76PERMANENT FUND INCOME ADVISORY VOTE + SB 167UOA SCHOLARSHIPS/ALASKA SCHOLARS PROGRAM += HB 40DEPT OF COMMERCE & RURAL DEVELOPMENT += HB 156PERMANENT FUND INVESTMENTS += HB 157PFD ALLOWABLE ABSENCES BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- JUDICIARY BELTZ 211 May 13 Thursday 1:30 PM FAHRENKAMP 203 + HB 34REPORTING CRIMES AGAINST CHILDREN += HB 151REVOCATION OF MINOR DRIVER'S LICENSE <BILL POSTPONED TO 5/14> BILLS PREVIOUSLY HEARD/SCHEDULED = HJR 29ENDORSE FED COURT OF APPEALS/9TH CIRCUIT = SB 109CAMPAIGN FUNDRAISING May 14 Friday 1:30 PM + HB 135POLICE USE OF EAVESDROPPING DEVICES + HB 225CAMPAIGN FINANCE AND LEGISLATIVE ETHICS = HB 151REVOCATION OF MINOR DRIVER'S LICENSE BILLS PREVIOUSLY HEARD/SCHEDULED 1999-05-13 Senate Journal Page 1440 JUDICIARY May 15 Saturday 1:30 PM HB 82IMMUNITY:CLAIMS ARISING FROM Y2K PROBLEMS += HB 83ALASKA SECURITIES ACT HB 33ARRESTS BY PRIVATE PERSONS HB 79UNIFORM COMMERCIAL CODE:LETTERS OF CREDIT BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ 211 May 14 Friday 1:30 PM HB 143REAL ESTATE:SURETY FUND & DISCLOSURES HB 158NOTICE OF INS. CANCELLATION TO ELDERLY HCR 10SALE OF FOUR DAM POOL BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RESOURCES BUTROVICH 205 May 14 Friday 3:00 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RULES FAHRENKAMP 203 May 13 Thursday 6:50 PM SB 90STATE JURISDICTION OVER FISH & GAME SB 91ENFORCEMENT OF SUBSISTENCE LAWS HB 217FISHERY COOPERATIVE CONTRACTS HB 177FOSTER CARE & DELINQUENT MINORS HCR 12JOINT SPECIAL COMMITTEE ON MERGERS HB 70PUBLIC SCHOOL SURVEYS ---------------------------------------- STATE AFFAIRS BELTZ 211 May 13 Thursday 3:30 PM -- MEETING CANCELLED -- SB 115PERMANENT FUND INVESTMENTS = SB 119PFD ALLOWABLE ABSENCES HJR 33U.N. TREATY ON CLIMATE CHANGE BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 1999-05-13 Senate Journal Page 1441 TRANSPORTATION BUTROVICH 205 May 13 Thursday 1:30 PM HB 78TRANSFER OF VEHICLE TITLE HCR 5EXTEND DALTON HWY TO ARCTIC OCEAN HB 216SCHOOL BUS SAFETY EQUIPMENT BILLS PREVIOUSLY HEARD/SCHEDULED JOINT COMMITTEES CONFERENCE COMMITTEE ON SB 33 FAHRENKAMP 203 May 13 Thursday 8:30 AM SB 33TASK FORCE ON PRIVATIZATION ---------------------------------------- CONFERENCE COMMITTEE ON SB 101 BUTROVICH ROOM May 14 Friday 8:30 AM SB 101 DEFINITION OF DISASTER CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 May 13 Thursday 4:00 PM DEPARTMENTS TO BE TAKEN UP: CORRECTIONS, EDUCATION, ENVIRONMENTAL CONSERVATION, PUBLIC SAFETY, REVENUE May 14 Friday 4:00 PM DEPARTMENTS TO BE TAKEN UP: COMMERCE AND ECONOMIC DEVELOPMENT NATURAL RESOURCES UNIVERSITY OF ALASKA May 15 Saturday 4:00 PM DEPARTMENTS TO BE TAKEN UP: COMMUNITY AND REGIONAL AFFAIRS HEALTH AND SOCIAL SERVICES TRANSPORTATION AND PUBLIC FACILITIES ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH 205 May 14 Friday 12:00 PM --NOTE TIME CHANGE