Helena, Montana House Chambers

April 21, 1997 State Capitol

House convened at 9:00 a.m. Mr. Speaker in the Chair. Invocation by Representative Krenzler. Pledge of Allegiance to the Flag.

Roll call. All members present except Representatives Gillan, Knox, Sands, excused. Quorum present.

Mr. Speaker introduced this week's pages:

Kinsey Casey, Helena

Rebecca Helvik, Helena

Joanna Bankhead, Heron

Joseph Plowman, Boyd

Scott Johnson, Montana City

BILLS (Hayne, Chairman): 4/21/97

Free Conference Committee

on House Bill 5

Report No. 1, April 21, 1997

Mr. Speaker and Mr. President:

We, your Free Conference Committee met and considered House Bill 5 and recommend that House Bill 5 be amended as follows:

Insert: "A PORTION OF"

26. Page 18, line 4.

And this Free Conference Committee report be adopted.

For the House: For the Senate:

Vick, Chairman Keating, Chairman

Holland Taylor

Peck

Free Conference Committee

on House Bill 14

Report No. 1, April 19, 1997

Mr. Speaker and Mr. President:

We, your Free Conference Committee met and considered House Bill 14 and recommend that House Bill 14 be amended as follows:

And this Free Conference Committee report be adopted.

For the House: For the Senate:

R. Johnson, Chairman Beck, Chairman

Keenan Jenkins

Christiaens

Conference Committee

on Senate Bill 272

Report No. 2, April 19, 1997

Mr. President and Mr. Speaker:

We, your Conference Committee on Senate Bill 272, met and considered the House amendments to SB 272 dated April 9, 1997.

We recommend that the House amendments to Senate Bill 272 be rejected.

And that this Conference Committee report be adopted.

For the Senate: For the House:

Aklestad, Chairman Rose, Chairman

Glaser Bohlinger

Wilson McCulloch

Representative Grinde moved the House recess until 10:00 a.m. Motion carried.

House recessed at 9:07 a.m.

House reconvened at 10:11 a.m. Mr. Speaker in the Chair.

The Senate on motion duly carried, on 4/21/97, overrode the Governor's Veto on HB 268 and the bill is herewith transmitted to the House.

Mrs. Marilyn Miller April 18, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Revenue Oversight Committee:

Sheill Anderson

Chase Hibbard

Robert Story

Dan Harrington

Bob Ream

Joe Tropila

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 18, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Subcommittee on Veterans' Needs:

Roger DeBruycker

Harriet Hayne

John Johnson

Dorothy Simpson

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 18, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint Representative Cliff Trexler to the Future Fisheries Review Panel.

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 18, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint Representative Matt Denny to the Gaming Advisory Council.

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 18, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Environmental Quality Council:

Dick Knox

Karl Ohs

Bill Tash

Vicki Cocchiarella

George Heavy Runner

Kim Gillan

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 18, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Legislative Oversight Committee on Montana-ARCO Litigation:

Liz Smith

Jon Ellingson

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 18, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Legislative Audit Committee:

Ernest Bergsagel

Bob Keenan

Bruce Simon

Beverly Barnhart

Toni Hagener

Bob Pavlovich

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 18, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Administrative Code Committee:

Paul Bankhead

Gay Ann Masolo

Deb Kottel

Diana Sands

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 18, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

We hereby appoint the following citizen members to the Environmental Quality Council:

Jerry Sorenson

Jeanne-Marie Souvigney

Sincerely,

John A. Mercer and Representative Vicki Cocchiarella

Speaker

Mrs. Marilyn Miller April 19, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

We hereby appoint the following members to the Legislative Finance Committee:

Royal Johnson

Steve Vick

Tom Zook

Matt McCann

Ray Peck

Bob Raney

Sincerely,

John A. Mercer and Representative Tom Zook

Speaker

Mrs. Marilyn Miller April 19, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Committee on Indian Affairs:

Jay Stovall

Allan Walters

Linda McCulloch

Gerald Pease

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 19, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Committee on Children & Families:

Loren Soft

Bob Lawson

Carolyn Squires

Bill Whitehead

Sincerely,

John A. Mercer

Speaker

Mrs. Marilyn Miller April 19, 1997

Chief Clerk

Montana House of Representatives

Capitol Station

Helena, Montana 59620

Dear Marilyn:

I hereby appoint the following members to the Committee on Public Employee Retirement Systems:

Matt Brainard

Doug Mood

Patrick Galvin

Diana Wyatt

Sincerely,

John A. Mercer

Speaker

Representative Grinde moved the House resolve itself into a Committee of the Whole for consideration of business on second reading. Motion carried. Representative Simon in the Chair.

Mr. Speaker: We, your Committee of the Whole, having had under consideration business on second reading, recommend as follows:

HB 14 - Representative R. Johnson moved the free conference committee report to HB 14 be adopted. Motion carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Clark, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Hayne, Hibbard, Holland, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Knox, Krenzler, Lawson, Marshall, Masolo, McGee, Mills, Mood, Ohs, Pavlovich, Quilici, Rehbein, Rose, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Vick, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 61

Noes: Adams, Arnott, Barnhart, Boharski, Carey, Cobb, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Gillan, Harper, Harrington, Heavy Runner, Hurdle, Jore, Kottel, McCann, McCulloch, Menahan, Molnar, Orr, Pease, Peck, Prouse, Raney, Ream, Ryan, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Wagner, Whitehead, Wyatt.

Total 39

Voted Absentee: Knox, Aye; Gillan, Sands, Noes.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

HB 5 - Representative Vick moved consideration of HB 5 be placed at the bottom of the second reading board. Motion carried.

HB 9 - Representative Bergsagel moved Senate amendments to HB 9 be concurred in. Motion carried as follows:

Ayes: Anderson, Bankhead, Barnhart, Bergman, Bergsagel, Bitney, Bohlinger, Carey, Clark, Cocchiarella, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Masolo, McCulloch, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Walters, Whitehead, Wiseman, Wyatt.

Total 63

Noes: Adams, Arnott, Barnett, Beaudry, Boharski, Bookout, Brainard, Cobb, Curtiss, DeBruycker, Denny, Devaney, Feland, Hayne, Holland, Jore, Kasten, Keenan, Lawson, Marshall, McCann, McGee, Molnar, Orr, Prouse, Rehbein, Rose, Sliter, Smith, Tuss, Vick, Wagner, Wells, Zook, Mr. Speaker.

Total 35

Voted Absentee: Gillan, Knox, Sands, Ayes.

Excused: None.

Total 0

Absent or not voting: Ahner, Grinde.

Total 2

SB 374 - Representative Soft moved the free conference committee report to SB 374 be adopted.

Representative Whitehead excused at this time.

Motion to adopt report on SB 374 failed as follows:

Ayes: Anderson, Barnett, Bergsagel, Bohlinger, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Harrington, Heavy Runner, Hibbard, J. Johnson, R. Johnson, Kitzenberg, Knox, Krenzler, Marshall, Masolo, Menahan, Ohs, Pavlovich, Quilici, Rose, Ryan, Sands, Smith, Soft, Story, Tash, Wiseman, Zook, Mr. Speaker.

Total 35

Noes: Adams, Ahner, Arnott, Bankhead, Barnhart, Beaudry, Bergman, Bitney, Boharski, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ewer, Galvin, Gillan, Hagener, Harper, Hayne, Holland, Hurdle, Jore, Kasten, Keenan, Kottel, Lawson, McCann, McCulloch, McGee, Mills, Molnar, Mood, Orr, Pease, Peck, Prouse, Raney, Ream, Rehbein, Schmidt, Simon, Simpkins, Simpson, Sliter, Squires, Stovall, Swanson, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wyatt.

Total 65

Voted Absentee: Knox, Sands, Ayes; Gillan, Whitehead, Noes.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

SB 272 - Representative Rose moved the conference committee report to SB 272 be adopted. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harrington, Hayne, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 92

Noes: Clark, Ellis, Ewer, Harper, Heavy Runner, Orr, Tuss.

Total 7

Voted Absentee: Gillan, Knox, Sands, Whitehead, Ayes.

Excused: None.

Total 0

Absent or not voting: Simpkins.

Total 1

Representative Grinde moved the committee rise and report. Motion carried. Committee arose. House resumed. Mr. Speaker in the Chair. Chairman Simon moved that the Committee of the Whole report be adopted. Report adopted. (86-8)

House joint resolution not concurred in and returned to the House:

4/18/97

HJR 32, introduced by Peck

Free conference committee report #1 not adopted: 4/19/97

HB 264, introduced by Molnar

Free conference committee report adopted: 4/21/97

HB 13, introduced by Wiseman

House amendments to Senate bill concurred in:

SB 207, introduced by Jabs

Free conference committee report #1 not adopted: 4/21/97

HB 5, introduced by Bergsagel

Governor's amendments concurred in: 4/21/97

SB 308, introduced by Beck

SB 374 - Representative Grinde moved the House dissolve the free conference committee on SB 374 and the Speaker be authorized to appoint a new free conference committee to meet with a like committee from the Senate to confer on Senate amendments to SB 374. Motion carried.

Mr. Speaker appointed the following members:

Representative McGee, Chairman

Representative Boharski

Representative Wyatt

HB 547 - Representative Rehbein moved the House reconsider its action on HB 547 taken on third reading the previous legislative day.

Representative S. Hanson moved for previous question. Motion carried.

Representative Gillan present at this time.

Motion to reconsider HB 547 carried. (56-43)

HB 547 - Representative Harper moved the House reconsider its action on HB 547, take it from third reading and place on second reading this legislative day.

Representative S. Hanson moved for previous question. Motion carried.

Motion to place HB 547 on second reading failed. (46-53)

HB 264 - Representative Grinde moved the House dissolve the free conference committee on HB 264 and the Speaker be authorized to appoint a conference committee to meet with a like committee from the Senate to confer on Senate amendments to HB 264. Motion carried.

Mr. Speaker appointed the following members:

Representative Curtiss, Chairman

Representative Molnar

Representative Harrington

Representative Grinde moved the House recess until 1:30 p.m. Motion carried.

House recessed at 12:17 p.m.

House reconvened at 1:32 p.m. Mr. Speaker in the Chair.

Roll call. Quorum present.

The Honorable Gary Aklestad April 21, 1997

President of the Senate

State Capitol

Helena, Montana 59620

The Honorable John Mercer

Speaker of the House

State Capitol

Helena, Montana 59620

Dear President Aklestad and Speaker Mercer:

In accordance with the power vested in me as Governor by the Constitution and laws of the State of Montana, I hereby return with amendments Senate Bill 365, "AN ACT PROVIDING FOR THE REGULATION OF HEALTH INSURANCE CARRIERS WHO OFFER MANAGED CARE PLANS; PROVIDING FOR STATE NETWORK ADEQUACY AND QUALITY ASSURANCE STANDARDS AND A MEANS FOR ENFORCING THE STANDARDS; REGULATING CONTRACTS RELATING TO MANAGED CARE PLANS; PROVIDING REPORTING AND DISCLOSURE REQUIREMENTS; PROVIDING FOR CONFIDENTIALITY OF HEALTH CARE INFORMATION; PROVIDING DEFINITIONS; APPLYING PREMIUM INCREASE RESTRICTIONS TO HEALTH MAINTENANCE ORGANIZATIONS; REQUIRING HEALTH MAINTENANCE ORGANIZATIONS TO FILE FINANCIAL STATEMENTS; REQUIRING PROTECTION AGAINST INSOLVENCY BY HEALTH MAINTENANCE ORGANIZATIONS; AMENDING SECTIONS 33-22-1703, 33-22-1707, 33-31-102, 33-31-111, 33-31-211, AND 33-31-216, MCA; AND PROVIDING EFFECTIVE DATES AND AN APPLICABILITY DATE" for the following reasons.

Senate Bill 365 establishes adequate health care networks and quality of managed care. It is an important and visionary bill that will benefit both consumers and managed health care providers in Montana. Applications for health maintenance organizations are pending, and the bill needs to be passed this session.

However, Senate Bill 365 will have a fiscal impact on both the Department of Public Health and Human Services, as well as the State Auditor’s Office. These costs were not funded in House Bill 2, and thus it will be necessary to delay the effective dates of several of the sections of Senate Bill 365.

Senator Benedict, the bill's sponsor, has been informed of the need for these amendments.

Sincerely,

MARC RACICOT

Governor

GOVERNOR'S AMENDMENTS

TO SENATE BILL 365

1. Page 15, line 3.

Strike: "1998"

Insert: "1999"

Following: "October 1, "

2. Page 15, line 4.

Strike: "1998"

Insert: "1999"

Following: "October 1,"

3. Page 15, line 6.

Strike: "1998"

Insert: "1999"

Following: "October 1,"

4. Page 21, line 24.

Strike: "1998"

Insert: "1999"

Following: "October 1,"

5. Page 22, line 13.

Strike: "1997"

Insert: "1999"

Following: "October 1,"

6. Page 22, line 14.

Strike: "April"

Insert: "October"

Following: "by"

7. Page 22, line 15.

Strike: "April"

Insert: "October"

8. Page 22, line 18.

Strike: "April 1, 1998"

Insert: "October 1, 1999"

Following: "after"

9. Page 22, line 22.

Strike: "April"

Insert: "October"

Following: "by"

10. Page 22, line 24.

Strike: "shall"

Insert: "may"

Following: "department"

11. Page 30, line 24.

Insert: "12,"

Following: "Sections"

12. Page 30, line 26.

Insert: "13, 15, 18 through 21,"

Following: "Sections"

Strike: "26"

Insert: "29"

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

The Honorable Gary Aklestad

President of the Senate

State Capitol

Helena, Montana 59620

Dear Speaker Mercer and President Aklestad:

In accordance with the power vested in me as Governor by the Constitution and laws of the State of Montana, I hereby return with amendments House Bill 534, "AN ACT MAKING THE STATE LIABLE FOR INTEREST AND ATTORNEY FEES IN A JUDGMENT INVOLVING A CONTRACT; AMENDING SECTIONS 2-9-317 AND 18-1-404, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE," for the following reasons.

Section 18-1-404, MCA, provides that, for purposes of liability, the State of Montana is to be treated in contract cases in the same manner as private litigants, except with respect to punitive damages.

House Bill 534 would change the section 18-1-1404, MCA, to:

The above-mentioned changes that would be brought about by House Bill 534 would result in treating the State of Montana more harshly than other litigants in contract actions.

I can understand from the standpoint of fairness that the rules for liability in contract cases should treat litigants equally. House Bill 534, however, does not do that. It would apply different, more onerous rules to one type of litigant -- state government.

The fiscal impact of House Bill 534 is impossible to estimate. Some of the contracts to which the State is a party involve many millions of dollars. Were any of those contracts to result in litigation, the State, unlike a private litigant, could be exposed to significantly increased liability under the provisions of House Bill 534.

I am, therefore, proposing amendments that would specify that costs are awardable against the State in the same manner as against a private individual.

With respect to the immediate date of effect provided in House Bill 534, I propose that, in the interest of fairness, the State be given some time to modify and enter into contracts with knowledge of the changes in the law.

Sincerely,

MARC RACICOT

Governor

GOVERNOR'S AMENDMENTS

TO HOUSE BILL 534

1. Title, lines 4 and 5

Following: "LIABLE" on page 4

Strike: "FOR INTEREST AND ATTORNEY FEES IN A JUDGMENT"

Insert: "IN THE SAME MANNER AS A PRIVATE INDIVIDUAL IN CASES"

2. Title, line 7

Following: "AN"

Strike: "IMMEDIATE"

3. Page 1, line 12

Following: "(1)"

Strike: "(A)"

4. Page 1, line 13

Following: "extent"

Insert: ",including costs,"

5. Page 1, lines 16 through 20

Strike: subsection (B) in its entirety

6. Page 1, lines 21 through 23

Following: "25-10-711." on line 21

Strike: remainder of line 21 through line 23 in their entirety

7. Page 1, line 30

Following: "18-1-404(1)"

Strike: "(b)"

8. Page 2, line 3

Following: "date."

Strike: "[This act] is effective on passage and approval"

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

The Honorable Gary Aklestad

President of the Senate

State Capitol

Helena, Montana 59620

Dear Speaker Mercer and President Aklestad:

In accordance with the power vested in me as Governor by the Constitution and laws of the State of Montana, I hereby return with amendments House Bill 572, "AN ACT PROVIDING FOR SEVERAL LIABILITY FOR MOST TORT ACTIONS; LIMITING JOINT AND SEVERAL LIABILITY TO CERTAIN SPECIFIED TORT ACTIONS; PROVIDING FOR THE EFFECT OF A RELEASE OR A COVENANT NOT TO SUE; AMENDING SECTIONS 25-9-411, 27-1-702, 27-1-703, 27-1-719, 28-1-301, AND 28-11-311, MCA; AND PROVIDING CONTINGENT EFFECTIVE DATES AND AN APPLICABILITY DATE" for the following reasons.

House Bill 572 provides for a system of comparative fault in which persons are held responsible only to the extent to which they cause or contribute to the harm. It apportions liability among all torfteasors according to their equitable share of fault.

While I support House Bill 572, it requires technical changes in order to provide that several liability and apportionment of liability apply to defendants acting in concert or in an agency relationship, while not affecting the doctrines of vicarious liability and respondeat superior. Without the amendments, a corporation sued for the acts of its employee may be excluded from the application of several liability and the apportionment of damages to other parties at fault. The amendments leave in place the idea that the principal cannot transfer liability to its agent.

Representative Anderson, the bill's sponsor, has been informed of and understands the need for these amendments.

Sincerely,

MARC RACICOT

Governor

GOVERNOR'S AMENDMENTS

TO HOUSE BILL 572

1. Page 3, line 10.

Following: "from"

Strike: ":"

2. Page 3, lines 11 through 14.

Strike: subsections (a) through (c) in their entirety

Insert: "an act or omission that violates a state environmental law relating to hazardous or deleterious substances." 

3. Page 3, line 15.

Strike: "(8)"

Insert: "(9)"

4. Page 5, line 28.

Following: "liability."

Strike: "(1)"

5. Page 5, lines 29 and 30.

Strike: "In" on line 29 through "each" on line 30

Insert: "Each"

6. Page 6, lines 7 through 9.

Strike: subsection (2) in its entirety

The following bills having been read three several times, title and history agreed to, were disposed of in the following manner:

HB 13, free conference committee report, adopted as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, Denny, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, Masolo, McCulloch, McGee, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Quilici, Raney, Ream, Rose, Ryan, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 76

Noes: Adams, Arnott, Bergsagel, Boharski, Brainard, Curtiss, DeBruycker, Devaney, Jore, Kasten, Keenan, McCann, Molnar, Orr, Peck, Prouse, Rehbein, Story, Vick, Wagner, Wells.

Total 21

Excused: Knox, Sands, Whitehead.

Total 3

Absent or not voting: None.

Total 0

SB 272, conference committee report, adopted as follows:

Ayes: Ahner, Barnett, Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Brainard, Clark, Cobb, Cocchiarella, Denny, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Schmidt, Simon, Simpkins, Simpson, Sliter, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Wells, Wiseman, Zook, Mr. Speaker.

Total 71

Noes: Adams, Anderson, Arnott, Bankhead, Bergsagel, Bookout, Carey, Curtiss, DeBruycker, Devaney, Feland, Hurdle, Jore, Kasten, Keenan, Masolo, Orr, Prouse, Rehbein, Smith, Tuss, Vick, Wagner, Walters, Wyatt.

Total 25

Excused: Knox, Sands, Whitehead.

Total 3

Absent or not voting: Boharski.

Total 1

HB 547, free conference committee report, adopted as follows:

Ayes: Anderson, Bankhead, Barnett, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Clark, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Galvin, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, R. Johnson, Kasten, Keenan, Krenzler, Masolo, McCann, McGee, Mills, Mood, Ohs, Pease, Quilici, Rehbein, Rose, Simon, Simpkins, Simpson, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Tropila, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 58

Noes: Adams, Ahner, Arnott, Barnhart, Beaudry, Boharski, Carey, Cobb, Cocchiarella, Dowell, Ellingson, Ewer, Gillan, Grady, Harper, J. Johnson, Jore, Kitzenberg, Kottel, Lawson, Marshall, McCulloch, Menahan, Molnar, Orr, Pavlovich, Peck, Prouse, Raney, Ream, Ryan, Sands, Schmidt, Sliter, Squires, Swanson, Tuss, Vick, Wagner, Whitehead, Wyatt.

Total 41

Voted Absentee: Sands, Whitehead, Noes.

Excused: Knox.

Total 1

Absent or not voting: None.

Total 0

SB 339, conference committee report, adopted as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Bookout, Carey, Clark, Cocchiarella, Curtiss, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 80

Noes: Adams, Arnott, Bergsagel, Boharski, Brainard, Cobb, DeBruycker, Denny, Jore, Kasten, Keenan, Orr, Peck, Prouse, Tuss, Wyatt.

Total 16

Excused: Knox, Sands, Whitehead.

Total 3

Absent or not voting: Sliter.

Total 1

SB 87, Governor's amendments, concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 94

Noes: Bergsagel, Brainard, Kitzenberg.

Total 3

Excused: Knox, Sands, Whitehead.

Total 3

Absent or not voting: None.

Total 0

SB 308, Governor's amendments, concurred in as follows:

Ayes: Adams, Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Brainard, Clark, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellis, Feland, Galvin, Gillan, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Harrington, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Jore, Kitzenberg, Kottel, Krenzler, Marshall, Masolo, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 80

Noes: Arnott, Bergsagel, Carey, DeBruycker, Ellingson, Ewer, Hagener, Harper, Hurdle, Kasten, Keenan, Lawson, McCann, Orr, Peck, Tropila, Tuss.

Total 17

Excused: Knox, Sands, Whitehead.

Total 3

Absent or not voting: None.

Total 0

Representative Grinde moved the House recess until 2:15 p.m. Motion carried.

House recessed at 1:37 p.m.

House reconvened at 2:22 p.m. Mr. Speaker in the Chair.

Roll call. Quorum present.

Representative Whitehead present at this time.

Free Conference Committee

on House Bill 5

Report No. 2, April 21, 1997

Mr. Speaker and Mr. President:

We, your Free Conference Committee met and considered House Bill 5 and recommend that House Bill 5 be amended as follows:

Insert: "A PORTION OF"

24. Page 18, line 4.

And this Free Conference Committee report be adopted.

For the House: For the Senate:

Vick, Chairman Keating, Chairman

Holland Taylor

Peck

Representative Grinde moved the House resolve itself into a Committee of the Whole for consideration of business on second reading. Motion carried. Representative Simon in the Chair.

Mr. Speaker: We, your Committee of the Whole, having had under consideration business on second reading, recommend as follows:

HB 5 - Representative Grinde moved consideration of HB 5 be placed at the bottom of the second reading board. Motion carried.

HB 534 - Representative Wells moved Governor's amendments to HB 534 be not concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Clark, Cobb, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Hayne, Heavy Runner, Hibbard, Holland, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Kottel, Lawson, Marshall, Masolo, McCann, McGee, Mills, Molnar, Mood, Ohs, Orr, Prouse, Raney, Rehbein, Rose, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Tropila, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 69

Noes: Anderson, Barnhart, Carey, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Gillan, Hagener, Harper, Harrington, Hurdle, J. Johnson, Krenzler, McCulloch, Menahan, Pavlovich, Pease, Peck, Quilici, Ream, Ryan, Schmidt, Squires, Swanson, Tuss, Whitehead, Wyatt.

Total 29

Excused: Knox, Sands.

Total 2

Absent or not voting: None.

Total 0

HB 572 - Representative Anderson moved Governor's amendments to HB 572 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Walters, Wells, Whitehead, Wiseman, Zook, Mr. Speaker.

Total 89

Noes: Curtiss, Jore, Orr, Wagner.

Total 4

Excused: Knox, Sands.

Total 2

Absent or not voting: Adams, Barnhart, Boharski, Menahan, Wyatt.

Total 5

SB 365 - Representative Grimes moved consideration of SB 365 be placed at the bottom of the second reading board. Motion carried.

HB 5 - Representative Vick moved the free conference committee report to HB 5 be adopted. Motion carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Bookout, Brainard, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Harrington, Hayne, Hibbard, Holland, R. Johnson, Kitzenberg, Knox, Marshall, Masolo, McGee, Mills, Molnar, Mood, Ohs, Quilici, Rose, Ryan, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Vick, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 52

Noes: Adams, Arnott, Barnhart, Boharski, Bohlinger, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Dowell, Ellingson, Ewer, Galvin, Gillan, Hagener, Harper, Heavy Runner, Hurdle, J. Johnson, Jore, Kasten, Keenan, Kottel, Krenzler, Lawson, McCann, McCulloch, Menahan, Orr, Pavlovich, Pease, Peck, Prouse, Raney, Ream, Rehbein, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Wagner, Whitehead, Wyatt.

Total 48

Voted Absentee: Knox, Aye; Sands, No.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

SB 365 - Representative Grimes moved Governor's amendments to SB 365 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Carey, Clark, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Ream, Rose, Ryan, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Wells, Whitehead, Wiseman, Zook.

Total 79

Noes: Adams, Arnott, Cobb, DeBruycker, Jore, Kasten, Orr, Prouse, Raney, Wagner, Wyatt.

Total 11

Excused: Knox, Sands.

Total 2

Absent or not voting: Beaudry, Boharski, Keenan, Molnar, Rehbein, Schmidt, Vick, Mr. Speaker.

Total 8

Representative Grinde moved the committee rise, report progress, and beg leave to sit again. Motion carried. Committee arose. House resumed. Mr. Speaker in the Chair. Chairman Simon moved that the Committee of the Whole report be adopted. Report adopted. (74-23)

Free Conference Committee

on House Bill 252

Report No. 2, April 21, 1997

Mr. Speaker and Mr. President:

We, your Free Conference Committee met and considered House Bill 252 and recommend that House Bill 252 be amended as follows:

Following: "INITIAL"

Insert: "2-YEAR"

Following: "employer"

Insert: "for workers' compensation coverage"

Following: "39-71-405"

Strike: "for workers' compensation and"

Insert: ", for"

Following: "coverage" on line 17

Insert: ","

And this Free Conference Committee report be adopted.

For the House: For the Senate:

Simon, Chairman Thomas, Chairman

Cocchiarella Holden

Bowman Shea

Conference Committee

on House Bill 264

Report No. 1, April 21, 1997

Mr. Speaker and Mr. President:

We, your Conference Committee on House Bill 264, met April 21, 1997, and considered Senate Committee on Judiciary amendments to the third reading copy, dated March 27, 1997, and recommend the same be adopted.

And this Conference Committee report be adopted.

For the House: For the Senate:

Curtiss, Chairman Crippen, Chairman

Molnar Holden

Harrington Halligan

SJR 2 - Representative Ream moved SJR 2 be taken from the table in the Committee on Appropriations, printed, and placed on second reading this legislative day. Motion failed. (36-61)

Representative Grinde moved the House recess until 3:30 p.m. Motion carried.

House recessed at 2:47 p.m.

House reconvened at 3:30 p.m. Mr. Speaker in the Chair.

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 44 sponsored by Representative Devaney on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 65 sponsored by Representative Menahan on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 66 sponsored by Representative Cocchiarella on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 72 sponsored by Representative Quilici et al. on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 77 sponsored by Representative Simpkins on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 93 sponsored by Representative Hagener et al. on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 125 sponsored by Representative Grady on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 190 sponsored by Representative Anderson et al. on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 320 sponsored by Representative Anderson et al. on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

The Honorable John Mercer April 21, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 431 sponsored by Representative Quilici et al. on April 21, 1997.

Sincerely,

MARC RACICOT

Governor

Representative Grinde moved the House resolve itself into a Committee of the Whole for consideration of business on second reading. Motion carried. Representative Sliter in the Chair.

Mr. Speaker: We, your Committee of the Whole, having had under consideration business on second reading, recommend as follows:

HB 252 - Representative Simon moved the free conference committee report to HB 252 be adopted.

Representative Pavlovich moved for cloture. Motion carried.

Motion to adopt report on HB 252 carried as follows:

Ayes: Anderson, Barnhart, Carey, Cocchiarella, Denny, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Mood, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Soft, Squires, Story, Swanson, Tash, Tropila, Tuss, Whitehead, Wiseman, Wyatt.

Total 54

Noes: Adams, Ahner, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Clark, Cobb, Curtiss, DeBruycker, Devaney, Feland, Grady, Grinde, Hayne, Holland, Jore, Kasten, Keenan, Lawson, McGee, Molnar, Ohs, Orr, Prouse, Rehbein, Simpkins, Simpson, Sliter, Smith, Stovall, Taylor, Trexler, Vick, Wagner, Walters, Wells, Zook, Mr. Speaker.

Total 46

Voted Absentee: Knox, Sands, Ayes.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

Representative Molnar moved for a Rules Committee meeting to determine whether the amendments to HB 252 changed the title of the bill.

Chairman Sliter ruled the motion out of order.

Representative Molnar challenged the ruling to the Rules Committee.

Representative Grinde asked the House to stand at ease during the Rules Committee meeting.

Representative Grinde ruled that per Greg Petesch, Legal Counsel, the amendments to HB 252 do fit the title and scope of the bill.

Representative Molnar challenged the Rules Committee decision to the House Chambers. Motion to overrule the decision failed. (34-63)

HB 264 - Representative Curtiss moved the conference committee report to HB 264 be adopted. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 91

Noes: Barnhart, Cocchiarella, Galvin, Hurdle, Tuss, Whitehead, Wyatt.

Total 7

Excused: Knox, Sands.

Total 2

Absent or not voting: None.

Total 0

Representative Grinde moved the committee rise, report progress, and beg leave to sit again. Motion carried. Committee arose. House resumed. Mr. Speaker in the Chair. Chairman Sliter moved that the Committee of the Whole report be adopted. Report adopted. (75-22)

Representative Grinde moved the House recess until 5:00 p.m. Motion carried.

House recessed at 4:50 p.m.

House reconvened at 5:05 p.m. Mr. Speaker in the Chair.

Roll call. Quorum present.

Governor's amendments not concurred in: 4/21/97

HB 534, introduced by Wells

The following bills having been read three several times, title and history agreed to, were disposed of in the following manner:

SB 365, Governor's amendments, concurred in as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Carey, Clark, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 87

Noes: Adams, Arnott, Boharski, Brainard, Cobb, DeBruycker, Jore, Mood, Orr, Prouse, Vick, Wagner.

Total 12

Voted Absentee: Sands, Aye.

Excused: Knox.

Total 1

Absent or not voting: None.

Total 0

HB 572, Governor's amendments, concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Clark, Cobb, DeBruycker, Denny, Devaney, Ellis, Feland, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Hayne, Hibbard, Holland, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Krenzler, Lawson, Marshall, Masolo, McCann, McGee, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Peck, Prouse, Quilici, Rehbein, Rose, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Story, Stovall, Swanson, Tash, Taylor, Trexler, Vick, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 73

Noes: Barnhart, Carey, Cocchiarella, Curtiss, Dowell, Ellingson, Ewer, Galvin, Harper, Harrington, Heavy Runner, Hurdle, Kottel, McCulloch, Menahan, Pease, Raney, Ream, Ryan, Sands, Squires, Tropila, Tuss, Wagner, Whitehead, Wyatt.

Total 26

Voted Absentee: Sands, No.

Excused: Knox.

Total 1

Absent or not voting: None.

Total 0

HB 264, conference committee report, adopted as follows:

Ayes: Adams, Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Feland, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harrington, Hayne, Hibbard, Holland, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, McCann, McCulloch, McGee, Mills, Molnar, Mood, Ohs, Pavlovich, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Tash, Taylor, Trexler, Tropila, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 82

Noes: Arnott, Cobb, Cocchiarella, Ewer, Galvin, Harper, Heavy Runner, Hurdle, J. Johnson, Masolo, Menahan, Orr, Pease, Swanson, Tuss, Whitehead, Wyatt.

Total 17

Voted Absentee: Sands, Aye.

Excused: Knox.

Total 1

Absent or not voting: None.

Total 0

HB 252, free conference committee report, adopted as follows:

Ayes: Anderson, Barnhart, Bergsagel, Carey, Cocchiarella, Denny, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grady, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Marshall, Masolo, McCann, McCulloch, Menahan, Mood, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Soft, Squires, Story, Swanson, Tash, Tropila, Tuss, Whitehead, Wyatt, Zook.

Total 55

Noes: Adams, Ahner, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Brainard, Clark, Cobb, Curtiss, DeBruycker, Devaney, Feland, Grimes, Grinde, Hayne, Holland, Jore, Kasten, Keenan, Lawson, McGee, Mills, Molnar, Ohs, Orr, Prouse, Rehbein, Simpson, Sliter, Smith, Stovall, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Mr. Speaker.

Total 45

Voted Absentee: Knox, Sands, Ayes.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

The following bills having been read three several times, title and history agreed to, were disposed of in the following manner:

HB 14, free conference committee report, not adopted (due to 2/3 vote requirement) as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Beaudry, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Denny, Devaney, Ellis, Ewer, Feland, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harrington, Hayne, Hibbard, Holland, R. Johnson, Keenan, Kitzenberg, Knox, Krenzler, Lawson, Marshall, Masolo, McGee, Menahan, Mills, Mood, Ohs, Pavlovich, Quilici, Rose, Ryan, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Wiseman, Zook, Mr. Speaker.

Total 55

Noes: Adams, Arnott, Barnhart, Bergman, Boharski, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Dowell, Ellingson, Galvin, Harper, Heavy Runner, Hurdle, J. Johnson, Jore, Kasten, Kottel, McCann, McCulloch, Molnar, Orr, Pease, Peck, Prouse, Raney, Ream, Rehbein, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wyatt.

Total 44

Voted Absentee: Knox, Aye; Sands, No.

Excused: None.

Total 0

Absent or not voting: Simon.

Total 1

HB 5, free conference committee report, adopted as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergsagel, Bohlinger, Bookout, Brainard, Curtiss, Denny, Devaney, Ellis, Feland, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Marshall, Masolo, McGee, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Quilici, Rose, Ryan, Schmidt, Simon, Simpkins, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 59

Noes: Adams, Arnott, Bergman, Bitney, Boharski, Carey, Clark, Cobb, Cocchiarella, DeBruycker, Dowell, Ellingson, Ewer, Galvin, Harper, Jore, Kasten, Keenan, Kottel, Krenzler, Lawson, McCann, McCulloch, Molnar, Orr, Peck, Prouse, Raney, Ream, Rehbein, Sands, Simpson, Sliter, Squires, Swanson, Tropila, Tuss, Vick, Wagner, Whitehead, Wyatt.

Total 41

Voted Absentee: Knox, Aye; Sands, No.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

HB 9 - as amended by the Senate, concurred in as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergsagel, Bohlinger, Bookout, Carey, Cocchiarella, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 73

Noes: Adams, Arnott, Bergman, Bitney, Boharski, Brainard, Clark, Cobb, Curtiss, DeBruycker, Grinde, Hayne, Jore, Kasten, Keenan, McGee, Molnar, Orr, Prouse, Rehbein, Sliter, Story, Vick, Wagner, Walters, Wells.

Total 26

Voted Absentee: Sands, Aye.

Excused: Knox.

Total 1

Absent or not voting: None.

Total 0

Representative Grinde moved the Speaker be authorized to appoint a conference committee to meet with a like committee from the Senate to confer on Senate amendments to SB 367. Motion carried.

Mr. Speaker appointed the following members:

Representative Grinde, Chairman

Representative Denny

Representative Harper

HB 252 - Representative Molnar moved that Senators Miller, Estrada, Gage and Baer be removed as sponsors from HB 252. Motion carried.

Representative Grinde moved the House adjourn until 8:00 a.m., Tuesday, April 22, 1997. Motion carried.

House adjourned at 5:29 p.m.

John Mercer, Speaker

Marilyn Miller, Chief Clerk