Helena, Montana Senate Chambers

February 14, 1997 State Capitol

Senate convened at 1:00 p.m. President Aklestad presiding. Invocation by Bishop Eliudi Issangya of Tanzania. Pledge of Allegiance to the Flag.

Roll call. All members present. Quorum present.

Mr. President: We, your committee on Bills and Journal, having examined the daily journal for the twenty-ninth legislative day, find the same to be correct.

Miller, Chairman

BILLS AND JOURNAL (Miller, Chairman): 2/14/97

BUSINESS & INDUSTRY (Hertel, Chairman): 2/13/97

SB 259, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

HIGHWAYS & TRANSPORTATION (Mohl, Chairman): 2/14/97

SB 246, introduced bill, do pass. Report adopted.

SB 257, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

SB 309, introduced bill, do pass. Report adopted.

SJR 9, introduced bill, be adopted. Report adopted.

JUDICIARY (Crippen, Chairman): 2/13/97

SB 215, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

SB 219, introduced bill, be amended as follows:

Insert: "NEW SECTION. Section 3.  Coordination instruction. If both [this act] and House Bill No. 200 are passed and approved and if House Bill No. 200 includes a section criminalizing the surreptitious taking of a person's picture in certain rooms in a business establishment, then House Bill No. 200 and [section 1 of this act] must be codified together in Title 45, chapter 5, and the combined section must read:

NEW SECTION. Section 1.  Surreptitious visual observation or recordation -- place of residence -- public establishment -- exceptions. (1) A person commits the offense of surreptitious visual observation or recordation in a place of residence if a person purposely or knowingly hides, waits, or otherwise loiters in the vicinity of a private dwelling house, apartment, or other place of residence for the purpose of:

(a) watching, gazing at, or looking upon any occupant in the residence in a surreptitious manner; or

(b) by means of an electronic or mechanical recording device, surreptitiously recording the visual image of any occupant in the residence.

(2) An owner, manager, or employee of a business or a landlord who knowingly surreptitiously records a visual image of a person in a restroom, washroom, shower, bedroom, fitting room, or other room used by a customer, guest, tenant, or member of the public to, with a reasonable expectation of privacy, change or try on clothes, bathe, perform intimate bodily functions, or appear nude or partially nude or in underclothes commits the offense of surreptitious visual recordation in a public establishment.

(3) Subsections (1) and (2) do not apply to a law enforcement officer, an agent or employee of an insurer, or a private investigator licensed pursuant to 37-60-301 or to any person engaged in fraud detection, prevention, or prosecution pursuant to 2-15-2015 or 39-71-211 while the officer, agent, employee, or private investigator is acting in an official capacity for legitimate investigative purposes.

(4)(a) A person convicted of the offense of surreptitious visual observation or recordation in a place of residence shall be fined an amount not to exceed $500 or be incarcerated in the county jail for a term not to exceed 6 months, or both.  Upon a second conviction, a person shall be fined an amount not to exceed $1,000 or be incarcerated for a term not to exceed 1 year, or both. Upon a third or subsequent conviction, a person shall be fined an amount not to exceed $10,000 or be incarcerated for a term not to exceed 5 years, or both.

(b) A person convicted of the offense of surreptitious visual recordation in a public establishment shall be fined an amount not to exceed $1,000 or incarcerated for a term not to exceed 6 months, or both, if the victim was an adult and shall be fined an amount not to exceed $5,000 or incarcerated for a term not to exceed 2 years, or both, if the victim was a minor.""

And, as amended, do pass. Report adopted.

SB 263, introduced bill, do pass. Report adopted.

SB 278, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

SB 279, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

SB 283, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

SB 289, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

SB 329, introduced bill, be amended as follows:

"35-12-611.   Application for renewal of certification. One original and one copy of an application for renewal of certification of a limited partnership must be executed and delivered to the secretary of state. The application must include but is not limited to the following information:

(6)  the name and address of the specified agent for service of process in the state required by 35-12-601.""

Insert: "NEW SECTION. Section 33. Property of nonutility cooperatives.  If Senate Bill No. 125 is passed and approved, then section 3 of Senate Bill No. 125 is amended to read: "Section 3.  Presumptions of abandonment. (1) Except as provided in subsection (6), property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property:

(a) traveler's check, 15 years after issuance;

(b) money order, 7 years after issuance;

(c) stock or other equity interest in a business association or financial organization, including a security entitlement under Title 30, chapter 8, 5 years after the earlier of:

(i) the date of the most recent dividend, stock split, or other distribution that was unclaimed by the apparent owner; or

(ii) the date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications, or communications to the apparent owner;

(d) debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, 5 years after the date of the most recent interest payment that was unclaimed by the apparent owner;

(e) demand, savings, or time deposit, including a deposit that is automatically renewable, 5 years after the earlier of maturity or the date of the last indication by the owner of interest in the property; however, a deposit that is automatically renewable is considered matured for purposes of this section upon its initial date of maturity unless the owner has consented to a renewal at or about the time of the renewal and the consent is in writing or is evidenced by a memorandum or other record on file with the holder;

(f) money or credits owed to a customer as a result of a retail business transaction, 3 years after the obligation accrued;

(g) gift certificate, 3 years after December 31 of the year in which the certificate was sold, but if redeemable in merchandise only, the amount abandoned is considered to be 60% of the certificate's face value;

(h) amount that is owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, 3 years after the obligation to pay arose or, in the case of a policy or annuity payable upon proof of death, 3 years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based;

(i) property distributable by a business association or financial organization in a course of dissolution, 1 year after the property becomes distributable;

(j) property received by a court as proceeds of a class action and not distributed pursuant to the judgment, 1 year after the distribution date;

(k) property held by a court, government, governmental subdivision, agency, or instrumentality, 1 year after the property becomes distributable;

(l) wages or other compensation for personal services, 1 year after the compensation becomes payable;

(m) deposit or refund owed to a subscriber by a utility, 1 year after the deposit or refund becomes payable;

(n) property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for tax deferral under the income tax laws of the United States, 3 years after the earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan, or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty;

(o) a patronage refund owed to a member of a rural electric or telephone cooperative organized under Title 35, chapter 18, that is not used by the cooperative for educational purposes, 5 years after the distribution date; and

(p) an unclaimed share in a cooperative that is not used for charitable or civic purposes in the community in which the cooperative is located, 5 years after the distribution date; and

(p)(q) all other property, 5 years after the owner's right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs.

(2) At the time that an interest is presumed abandoned under subsection (1), any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.

(3) Property is unclaimed if, for the applicable period set forth in subsection (1), the apparent owner has not communicated in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder with the holder concerning the property or the account in which the property is held and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.

(4) An indication of an owner's interest in property includes:

(a) the presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;

(b) owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease, or change the amount or type of property held in the account;

(c) the making of a deposit to or withdrawal from an account in a financial organization; and

(d) the payment of a premium with respect to a property interest in an insurance policy; however, the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.

(5) Property is payable or distributable for purposes of [sections 1 through 29] notwithstanding the owner's failure to make demand or present an instrument or document otherwise required to obtain payment.

(6) The presumption provided in subsection (1) does not apply to:

(a) unclaimed patronage refunds of a rural electric or telephone cooperative if the cooperative uses the refunds exclusively for educational purposes; or

(b) unclaimed shares in a nonutility cooperative if the cooperative uses the shares for charitable or civic purposes in the community in which the cooperative is located.""

And, as amended, do pass. Report adopted.

SR 16, introduced bill, be adopted. Report adopted.

HB 200, be concurred in. Report adopted.

LOCAL GOVERNMENT (Beck, Chairman): 2/14/97

HB 22, be concurred in. Report adopted.

NATURAL RESOURCES (Grosfield, Chairman): 2/13/97

SB 224, introduced bill, be amended as follows:

2. Page 2, line 20.

Following: "certificate"

Insert: ", the renewal of a certificate,"

3. Page 2, line 21.

Following: "may"

Insert: "within 30 days"

Following: "board"

Insert: "under the contested case procedures of Title 2, chapter 4, part 6"

5. Page 5, line 1.

6. Page 5, line 13.

Strike: "500"

Insert: "300"

7. Page 7, line 24.

8. Page 7, line 25.

11. Page 10, line 26.

Following: "(8)(d),"

Insert: "a statement explaining the need for the facility,"

12. Page 12, line 18.

Following: "administering"

Insert: "Title 75, chapter 1, and"

13. Page 12, line 30.

Following: "statement"

Insert: "or assessment"

14. Page 14, lines 17 through 20.

Following: line 16

Insert: ", other than those contained in this part,"

Following: "chapter." on line 17

Strike: remainder of line 17 through "The" on line 20

Insert: "A"

15. Page 14, line 21.

Strike: "is conclusive on all matters that the department"

Insert: "must be made under those laws."

16. Page 14, lines 23 and 24.

Following: "board" on line 23

Strike: remainder of line 23 through "the" on line 24

Following: "board" on line 24

Insert: "Nevertheless, the"

17. Page 14, line 25.

Following: "(1)(c)"

Insert: "or (3)"

18. Page 14, line 29 through page 15, line 2.

Following: "(4)" on line 29

Strike: "Within"

Following: "months" on line 29

Insert: "Except as provided in [section 1], within"

Following: "facility" on line 29

Strike: remainder of line 29 through "length" on page 15, line 2

19. Page 15, line 21

Following: "75-20-104(8)(a)(i)"

Insert: "or (8)(b)"

20. Page 16, line 9.

Following: "study"

21. Page 16, line 17.

Following: "75-20-227 and"

Insert: ", (5), and (6)"

22. Page 17, line 1.

23. Page 17, line 8.

Following: "appropriate."

Strike: "For"

Insert: "Within 45 days after issuance of the report pursuant to 75-20-216, for"

25. Page 18, line 14.

Following: "(3)"

Strike: "For"

Insert: "Within 45 days after issuance of the report pursuant to 75-20-216, for"

Following: "75-20-104(8)(a)"

Strike: "and"

Insert: ","

Following: "(b)"

Insert: ", and (8)(e) through (8)(g)"

26. Page 18, line 17.

28. Page 18, lines 22 through 26.

30. Page 20, line 8.

Following: "(8)(c)"

Insert: "or (8)(d)"

31. Page 22, line 25.

Following: "is the"

Strike: "same as that"

32. Page 23, line 29.

And, as amended, do pass. Report adopted.

SB 310, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

HB 162, be concurred in. Report adopted.

HB 288, be concurred in. Report adopted.

PUBLIC HEALTH, WELFARE, & SAFETY (Benedict, Chairman): 2/13/97

SB 288, introduced bill, do pass. Report adopted.

SB 297, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

SB 305, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

HB 53, be amended as follows:

And, as amended, be concurred in. Report adopted.

HB 107, be concurred in. Report adopted.

HB 108, be concurred in. Report adopted.

HB 184, be amended as follows:

And, as amended, be concurred in. Report adopted.

STATE ADMINISTRATION (Hargrove, Chairman): 2/13/97

SB 220, introduced bill, be amended as follows:

NEW SECTION. Section 8. Termination. [This act] terminates July 1, 2001."

And, as amended, do pass. Report adopted.

SB 264, introduced bill, do pass. Report adopted.

SB 269, introduced bill, be amended as follows:

Strike: "AND"

(e) a person in an occupation identified by the department that is similar to those in subsections (a) through (d)"

Renumber: subsequent section

And, as amended, do pass. Report adopted.

HB 76, be amended as follows:

And, as amended, be concurred in. Report adopted.

House bills passed and transmitted to the Senate for concurrence: 2/13/97

HB 210, introduced by Hayne

HB 264, introduced by Molnar

HB 331, introduced by Soft

The following bills were introduced, read first time, and referred to committee:

SB 353, introduced by Gage, referred to Committee on Labor & Employment Relations.

SB 354, introduced by Waterman, Marshall, Eck, Hibbard, Halligan, Mesaros, Ewer, Mills, Bohlinger, Bartlett, R.Johnson, Sands, Swysgood, Swanson, Barnhart, Smith, Simpkins, L.Taylor, Ahner, M.Taylor, Burnett, Wyatt, Jabs, Crippen, DePratu, Grimes, Rose, Schmidt, J.Johnson, Toews, Carey, Cobb, Rehbein, Ream, Stovall, Shea, Grosfield, Beck and Tash, referred to Committee on Taxation.

SB 355, introduced by Jergeson, Nelson and Ewer referred to Committee on Taxation.

SB 356, introduced by Doherty, Harper, Van Valkenburg, Brooke, Bishop, Bohlinger, Whitehead, Raney, Ewer, Bartlett and Franklin, referred to Committee on Natural Resources.

SB 357, introduced by Stang, Harp, Eck, Waterman, Bookout, Cocchiarella, Kitzenberg, Ellis and Christiaens, referred to Committee on Education & Cultural Resources.

SB 358, introduced by Toews, referred to Committee on Taxation.

SB 359, introduced by Toews, referred to Committee on State Administration.

SB 360, introduced by Crippen, referred to Committee on Highways & Transportation.

SB 361, introduced by Benedict, referred to Committee on State Administration.

SB 362, introduced by Gage, referred to Committee on Taxation.

SB 363, introduced by Grosfield, referred to Committee on Natural Resources.

SB 364, introduced by Bartlett, referred to Committee on Labor and Industry.

SB 365, introduced by Benedict, Hargrove, Grimes, Ahner, Grosfield, Masolo, Shea, M.Taylor, Harp, Mercer, Aklestad, Mills, Mahlum, Mood, Grinde, Jabs, Estrada, DePratu, Foster, McNutt, Keating, Jenkins, Crismore, Glaser, Hertel, Burnett, Thomas, Smith, Crippen, Cole, Bohlinger, Peck, Barnett, Denny, Ohs, Marshall, Baer and Bookout, referred to Committee on Public Health and Human Services.

HB 210, introduced by Hayne, referred to Committee on Taxation.

HB 264, introduced by Molnar, Bergman, McGee and Miller, referred to Committee on Judiciary.

HB 331, introduced by Soft, Grosfield, Thomas, Baer, McGee, Bishop, Kitzenberg, Burnett, Wilson, Grimes, Halligan, Mills, Wells, Bohlinger, Tuss, Gillan, Kottel, Clark, Harper, Pease, Galvin, Dowell, Carey, Ohs, Ewer, Christiaens, Ahner, Eck, Ryan and R.Johnson, referred to Committee on Business and Industry.

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

SB 99 passed as follows:

Yeas: Baer, Beck, Benedict, Bishop, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Wilson, Mr. President.

Total 47

Nays: Bartlett, Brooke, Waterman.

Total 3

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 204 passed as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 282 passed as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 73 concurred in as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 49

Nays: Franklin.

Total 1

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 141 concurred in as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 218 concurred in as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 49

Nays: Thomas.

Total 1

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SECOND READING OF BILLS

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 Mesaros in the Chair.

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

SB 64 - Senator Nelson moved SB 64, second reading copy, be amended as follows:

Amendment failed as follows:

Yeas: Bartlett, Brooke, Christiaens, Crippen, Crismore, Doherty, Eck, Franklin, Grosfield, Halligan, Hargrove, Hertel, Jabs, Jergeson, McCarthy, Nelson, Stang, Van Valkenburg, Waterman.

Total 19

Nays: Baer, Beck, Benedict, Bishop, Burnett, Cole, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Glaser, Harp, Holden, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Shea, Sprague, Swysgood, Taylor, Thomas, Toews, Wilson, Mr. President.

Total 31

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Jergeson moved SB 64, second reading copy, be amended as follows:

Insert: "(3)(a) The department of transportation shall determine the initial location of the speed limit zones using the traffic count data for calendar year 1995. Beginning in calendar year 2000, the department of transportation shall review the zones every 5 years to determine if changes are necessary based on the latest traffic count data.

(b) A zone must be of sufficient length and of reasonable distance from the next zone to allow for the safe operation of vehicles entering and leaving the zone. The department of transportation shall erect and maintain appropriate signs marking the boundaries of a speed limit zone."

Amendment failed as follows:

Yeas: Bartlett, Christiaens, Crippen, Doherty, Eck, Franklin, Halligan, Jabs, Jergeson, McCarthy, Nelson, Shea, Stang, Thomas, Van Valkenburg.

Total 15

Nays: Baer, Beck, Benedict, Bishop, Brooke, Burnett, Cole, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Sprague, Swysgood, Taylor, Toews, Waterman, Wilson, Mr. President.

Total 35

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Crippen moved SB 64, second reading copy, be amended as follows:

55 91-95 mph 81-85 mph

75 96-100 mph 86-90 mph

100 101+ mph 91+ mph"

Strike: "10"

Amendment failed as follows:

Yeas: Bartlett, Beck, Benedict, Brooke, Christiaens, Crippen, Crismore, Doherty, Eck, Franklin, Gage, Grosfield, Halligan, Hargrove, Hertel, Jabs, Jergeson, Mahlum, McCarthy, Shea, Stang, Taylor, Thomas, Van Valkenburg, Waterman.

Total 25

Nays: Baer, Bishop, Burnett, Cole, DePratu, Devlin, Emerson, Estrada, Foster, Glaser, Harp, Holden, Jenkins, Keating, Lynch, McNutt, Mesaros, Miller, Mohl, Nelson, Sprague, Swysgood, Toews, Wilson, Mr. President.

Total 25

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Van Valkenburg moved SB 64, second reading copy, be amended as follows:

Amendment failed as follows:

Yeas: Bartlett, Brooke, Christiaens, Crippen, Crismore, Doherty, Eck, Halligan, Hertel, Jabs, Jergeson, McCarthy, Shea, Thomas, Van Valkenburg, Waterman, Wilson.

Total 17

Nays: Baer, Beck, Benedict, Bishop, Burnett, Cole, DePratu, Devlin, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Hargrove, Harp, Holden, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Sprague, Stang, Swysgood, Taylor, Toews, Mr. President.

Total 33

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Crismore excused at this time.

Senator Crippen moved SB 64 do pass. Motion failed as follows:

Yeas: Brooke, Crippen, Doherty, Gage, Jabs, McCarthy, Shea, Waterman.

Total 8

Nays: Baer, Bartlett, Beck, Benedict, Bishop, Burnett, Christiaens, Cole, DePratu, Devlin, Eck, Emerson, Estrada, Foster, Franklin, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jenkins, Jergeson, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Wilson, Mr. President.

Total 41

Absent or not voting: None.

Total 0

Excused: Crismore.

Total 1

SB 41 - Senator Benedict moved SB 41 do pass. Motion carried unanimously.

SB 223 - Senator Cole moved SB 223 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 Mesaros moved that the Committee of the Whole report be adopted. Report adopted.

SB 364 - Senator Bartlett moved that Sands be added as a sponsor to SB 364. Motion carried.

Committee meetings were announced by committee chairmen.

Majority Leader Harp moved that the Senate adjourn until 8:00 a.m., Saturday, February 15, 1997. Motion carried.

Senate adjourned at 2:54 p.m.

ROSANA SKELTON GARY AKLESTAD

Secretary of Senate President of the Senate