SENATE JOURNAL
EIGHTEENTH LEGISLATIVE DAY
Helena, Montana Senate Chambers
January 25, 1997 State Capitol
Senate convened at 8:00 a.m. President Aklestad presiding. Invocation by Reverend Tom Banks. Pledge of Allegiance to the Flag.
Roll call. All members present except Senators Toews, Miller, Estrada and Hertel, excused. Quorum present.
REPORTS OF STANDING COMMITTEES
BILLS AND JOURNAL (Miller, Chairman): 1/25/97
Correctly printed: SB 7, SB 29, SB 80, SB 86, SB 100, SB 124, SB 130, SB 131, SB 152, SB 167, SB 216.
Correctly engrossed: SB 42, SB 62, SB 88, SB 104, SB 120, SB 125, SB 129.
LEGISLATIVE ADMINISTRATION (Foster, Chairman): 1/24/97
MR. PRESIDENT:
We, your committee on Legislative Administration recommend that employment of the following attaches of the Senate be terminated as of 5:00 p.m., Saturday, January 25, 1997:
TITLE NAME
Pages: Sarah Black
Erin Edwards
Kari Langley
Katie Ottenheimer
Hale Redding
Annie Ryan
Sharon Wallin
and recommend that the following attaches of the Senate be employed as of 8:00 a.m., Monday, January 27, 1997:
TITLE NAME
Pages: Charles Angel
Hilary Diede
Dana Harrington
Craig LeCoure
Kelsi McBroom
Meagan Mikelsons
Pam Potts
Erin Rumelhart
Report adopted.
STATE ADMINISTRATION (Hargrove, Chairman): 1/24/97
SB 153, introduced bill, be amended as follows:
1. Page 1, lines 14 and 15.
Strike: "the scope" on line 14 through "states" on line 15
Insert: "the 10th amendment reflects that the people created the federal government for limited purposes and the states for general government purposes"
2. Page 2, line 6.
Following: "resolution,"
Insert: "initiative, referendum,"
And, as amended, do pass. Report adopted.
MESSAGES FROM THE OTHER HOUSE
House bills passed and transmitted to the Senate for concurrence: 1/24/97
HB 53, introduced by Bohlinger
HB 59, introduced by R. Johnson
HB 70, introduced by Hibbard
HB 107, introduced by Kasten
FIRST READING AND COMMITMENT OF BILLS
The following bills were introduced, read first time, and referred to committees:
SB 220, introduced by Swysgood, Knox, Mesaros, Jergeson, Beck, Swanson, Waterman, Grosfield, Ohs, Tash, Quilici, Cocchiarella, Grady, Harper, Halligan and Shea, referred to Committee on State Administration.
SB 221, introduced by Hertel, referred to Committee on Local Government.
SB 222, introduced by Glaser and Clark, referred to Committee on Judiciary.
SB 223, introduced by Cole, Holland, Beaudry, Keating, Zook, Stovall, Jabs, Gage, Devlin and Mahlum, referred to Committee on Natural Resources.
SB 224, introduced by Cole, Beaudry, Jabs, Devlin, Keating, Knox, Stovall, Holland, Taylor, Story, Gage, Miller and Mahlum, referred to Committee on Natural Resources.
SB 225, introduced by Devlin, Bergman, Mills, Tash, Cole, Curtiss and Zook, referred to Committee on Labor & Employment Relations.
SR 10, introduced by Hargrove, (by request of the Senate Committee on State Administration) referred to Committee on State Administration.
SR 11, introduced by Hargrove, (by request of the Senate Committee on State Administration) referred to Committee on State Administration.
SR 12, introduced by Hargrove, (by request of the Senate Committee on State Administration) referred to Committee on State Administration.
SR 13, introduced by Hargrove, (by request of the Senate Committee on State Administration) referred to Committee on State Administration.
SR 14, introduced by Hargrove, (by request of the Senate Committee on State Administration) referred to Committee on State Administration.
HB 53, introduced by Bohlinger, referred to Committee on Public Health, Welfare, & Safety.
HB 59, introduced by R. Johnson, referred to Committee on Public Health, Welfare, & Safety.
HB 70, introduced by Hibbard, (by request of the Revenue Oversight Committee) referred to Committee on Taxation.
HB 107, introduced by Kasten, (by request of the Department of Public Health and Human Services) referred to Committee on Public Health, Welfare, & Safety.
SECOND READING OF BILLS
(COMMITTEE OF THE WHOLE)
Majority Leader Harp moved that the Senate resolve itself into the Committee of the Whole for consideration of business on second reading. Motion carried. Senator Shea in the Chair.
Mr. President: We, your Committee of the Whole, having had under consideration business on second reading, recommend as follows:
SB 56 - Senator Lynch moved SB 56 do pass. Motion carried unanimously.
SB 73 - Senator Crippen moved SB 73 do pass. Motion carried as follows:
Yeas: Bartlett, Benedict, Bishop, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Glaser, Grosfield, Halligan, Hargrove, Harp, Jabs, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Shea, Sprague, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 35
Nays: Baer, Beck, Brooke, Burnett, Gage, Holden, Jenkins, Mohl, Nelson, Stang, Swysgood.
Total 11
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 86 - Senator Crismore moved SB 86 do pass. Motion carried unanimously.
SB 110 - Senator Beck moved SB 110 do pass. Motion carried as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Hargrove, Harp, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Taylor, Thomas, Waterman, Mr. President.
Total 41
Nays: Halligan, Holden, Swysgood, Van Valkenburg, Wilson.
Total 5
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 114 - Senator Waterman moved SB 114 do pass. Motion carried as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Eck, Emerson, Foster, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Holden, Jabs, Jenkins, Jergeson, Keating, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Van Valkenburg, Waterman, Mr. President.
Total 41
Nays: Doherty, Franklin, Lynch, Thomas, Wilson.
Total 5
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 127 - Senator Cole moved SB 127 do pass. Motion carried unanimously.
SB 129 - Senator Crismore moved SB 129 do pass. Motion carried unanimously.
SB 152 - Senator McNutt moved SB 152 do pass. Motion carried unanimously.
Senator Harp moved the committee rise and report. Motion carried. Committee arose. Senate resumed. President Aklestad in the Chair. Chairman Shea moved that the Committee of the Whole report be adopted. Report adopted.
THIRD READING OF BILLS
The following bills having been read three several times, title and history agreed to, were disposed of in the following manner:
SB 7 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 46
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 29 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 46
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 80 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 46
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 100 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 46
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 124 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 45
Nays: Emerson.
Total 1
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 130 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 46
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 131 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 46
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
SB 167 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 46
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Estrada, Hertel, Miller, Toews.
Total 4
MOTIONS
SB 31 - Senator Jenkins moved SB 31, be taken from second reading and rereferred back to the Committee on Judiciary. Motion carried.
ANNOUNCEMENTS
Committee meetings were announced by committee chairmen.
Majority Leader Harp moved that the Senate adjourn until 3:00 p.m., Monday, January 27, 1997. Motion carried.
Senate adjourned at 9:19 a.m.
ROSANA SKELTON GARY AKLESTAD
Secretary of Senate President of the Senate