SENATE JOURNAL
THIRTY-SEVENTH LEGISLATIVE DAY
Helena, Montana Senate Chambers
February 17, 1997 State Capitol
Senate convened at 1:00 p.m. President Aklestad presiding. Invocation by Reverend Norm Christofferson of the Neighborhood Assembly. 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 thirty-first legislative day, find the same to be correct.
Miller, Chairman
REPORTS OF STANDING COMMITTEES
BILLS AND JOURNAL (Miller, Chairman): 2/17/97
Correctly printed: SB 112, SB 155, SB 181, SB 214, SB 226, SB 233, SB 239, SB 240, SB 244, SB 245, SB 246, SB 251, SB 252, SB 264, SB 265, SB 271, SB 273, SB 275, SB 276, SB 288, SB 309, SB 362, SB 363, SB 365, SB 366, SB 367, SB 368, SB 369, SB 370, SB 371, SJR 5, SJR 9, HB 59.
Correctly engrossed: SB 201, SB 285, HB 24, HB 32, HB 36, HB 81, HB 87, HB 88, HB 96, HB 132, HB 189.
AGRICULTURE, LIVESTOCK & IRRIGATION (Mesaros, Chairman): 2/14/97
SB 326, introduced bill, do pass. Report adopted.
HB 105, be concurred in. Report adopted.
EDUCATION & CULTURAL RESOURCES (Toews, Chairman): 2/14/97
SB 235, introduced bill, be amended as follows:
1. Page 4, line 21.
Following: "reduction."
Insert: "If any appropriation item of the final budget provides for the payment of wages or salary to more than one person, the district shall attach to the budget a separate listing of each position of employment, with the budgeted amount of compensation for each position."
2. Page 12, line 4.
Page 12, line 13.
Strike: "fourth Monday of July"
Insert: "second Monday of August"
And, as amended, do pass. Report adopted.
HB 206, be concurred in. Report adopted.
MESSAGES FROM THE OTHER HOUSE
House bills passed and transmitted to the Senate for concurrence: 2/15/97
HB 149, introduced by R.Johnson
HB 243, introduced by Denny
HB 266, introduced by Cocchiarella
HB 385, introduced by McCulloch
HB 396, introduced by Grimes
HB 441, introduced by Bankhead
House Joint Resolution passed and transmitted to the Senate for concurrence:
HJR 12, introduced by Pavlovich
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 112 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 155 passed as follows:
Yeas: Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, 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 47
Nays: Baer, Emerson, Thomas.
Total 3
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 181 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, 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 49
Nays: Burnett.
Total 1
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 201 passed as follows:
Yeas: Baer, Beck, Benedict, Bishop, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, 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 45
Nays: Bartlett, Brooke, Christiaens, Eck, Waterman.
Total 5
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 214 passed as follows:
Yeas: Baer, Bartlett, Benedict, Bishop, Brooke, Christiaens, Cole, DePratu, Doherty, Eck, Estrada, Foster, Franklin, Gage, Grosfield, Halligan, Harp, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Nelson, Shea, Taylor, Van Valkenburg, Waterman, Wilson.
Total 32
Nays: Beck, Burnett, Crippen, Crismore, Devlin, Emerson, Glaser, Hargrove, Hertel, Holden, Miller, Mohl, Sprague, Stang, Swysgood, Thomas, Toews, Mr. President.
Total 18
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 226 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 233 passed as follows:
Yeas: Baer, Beck, Benedict, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Eck, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Sprague, Swysgood, Taylor, Thomas, Toews, Mr. President.
Total 34
Nays: Bartlett, Bishop, Brooke, Christiaens, Doherty, Franklin, Halligan, Jergeson, Lynch, McCarthy, Nelson, Shea, Stang, Van Valkenburg, Waterman, Wilson.
Total 16
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 239 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, 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: Grosfield.
Total 1
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 240 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 244 passed as follows:
Yeas: Baer, Bartlett, Benedict, Brooke, Burnett, Christiaens, Crippen, Crismore, DePratu, Devlin, Eck, Emerson, Estrada, Foster, Glaser, Grosfield, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 37
Nays: Beck, Bishop, Cole, Doherty, Franklin, Gage, Halligan, Hargrove, Jergeson, Lynch, McCarthy, Nelson, Shea.
Total 13
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 245 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 246 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Jabs, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 44
Nays: Bishop, Holden, Jenkins, Miller, Sprague, Toews.
Total 6
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 251 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 252 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 264 passed as follows:
Yeas: Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Shea, Sprague, Stang, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 44
Nays: Baer, Emerson, Estrada, Nelson, Swysgood, Taylor.
Total 6
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 265 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, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 48
Nays: Jabs, Jenkins.
Total 2
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 271 passed as follows:
Yeas: Baer, Beck, Benedict, Bishop, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Eck, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Mr. President.
Total 40
Nays: Bartlett, Brooke, Christiaens, Doherty, Franklin, Halligan, Jergeson, Van Valkenburg, Waterman, Wilson.
Total 10
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 273 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 275 passed as follows:
Yeas: Baer, Bartlett, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Eck, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Sprague, Taylor, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 38
Nays: Beck, Devlin, Doherty, Franklin, Halligan, Lynch, McCarthy, Nelson, Shea, Stang, Swysgood, Thomas.
Total 12
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 276 passed as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Eck, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Waterman, Wilson, Mr. President.
Total 41
Nays: Brooke, Christiaens, Doherty, Franklin, Halligan, Lynch, McCarthy, Shea, Van Valkenburg.
Total 9
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 288 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 309 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
SJR 5 adopted 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
SJR 9 adopted 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 24 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 32 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 36 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 59 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 81 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 87 concurred in as follows:
Yeas: Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, 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 48
Nays: Baer, Crippen.
Total 2
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 88 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 96 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, 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: Jenkins.
Total 1
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 132 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, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 48
Nays: Swysgood, Toews.
Total 2
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 189, as amended, 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
SPECIAL ORDERS OF THE DAY
Sergeant-At-Arms Chuckie Cramer escorted President Abe Lincoln (former Senator Harry Fritz) to the Well of the Senate. President Lincoln spoke in honor of his 188th birthday and "Presidents' Day".
FIRST READING AND COMMITMENT OF BILLS
The following bills were introduced, read first time, and referred to committees:
SB 372, introduced by Waterman, referred to Committee on Taxation.
SB 373, introduced by Hertel, Ahner, Benedict, Bitney, Crismore, Jore, Tash, Swysgood, Keating, Crippen, Bookout, Brainard, Orr, Denny, Grady, Curtiss, Mercer and Harp, referred to Committee on Taxation.
SB 374, introduced by Hargrove, referred to Committee on Judiciary.
SB 375, introduced by Thomas, referred to Committee on Labor and Employment Relations.
SB 376, introduced by Hertel, McCarthy, Emerson, Crismore and Shea, referred to Committee on Business and Industry.
SB 377, introduced by Grosfield, Knox, Crismore, DePratu, Clark and Keating, referred to Committee on Natural Resources.
SB 378, introduced by Benedict, Simon, Harp, Hertel, Crismore, Emerson, Sprague, Foster and Christiaens, referred to Committee on Business and Industry.
HB 149, introduced by R. Johnson, (by request of the Department of Commerce) referred to Committee on Public Health, Welfare, & Safety.
HB 243, introduced by Denny, referred to Committee on Judiciary.
HB 266, introduced by Cocchiarella, Shea, Mills and Wilson, referred to Committee on Business & Industry.
HB 376, introduced by Tropila, Franklin, Masolo, J.Johnson, Tuss, Marshall, Denny and Van Valkenburg, referred to Committee on State Administration.
HB 385, introduced by McCulloch, Van Valkenburg and Clark, referred to Committee on Highways and Transportation.
HB 396, introduced by Grimes, Bergman, Halligan, Kottel, Clark, Crippen, Bishop and Grosfield, referred to Committee on Public Health, Welfare, & Safety.
HB 441, introduced by Bankhead, referred to Committee on Taxation.
HJR 12, introduced by Pavlovich, referred to Committee on State Administration.
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 Foster in the Chair.
Mr. President: We, your Committee of the Whole, having had under consideration business on second reading, recommend as follows:
SB 45 - Senator Thomas moved SB 45, second reading copy, be amended as follows:
1. Title, line 9.
Following: "ROADS;"
Insert: "PROVIDING THAT AN INDEPENDENT CONTRACTOR EXEMPTION REMAINS IN EFFECT FOR 3 YEARS; PROVIDING FOR A $25 FEE FOR THE INITIAL EXEMPTION APPLICATION AND FOR EACH SUBSEQUENT RENEWAL;"
2. Title, line 12.
Strike: "AND"
Following: "39-71-120,"
Insert: "AND 39-71-401,"
3. Page 17.
Following: line 20
Insert: "Section 22. Section 39-71-401, MCA, is amended to read:
"39-71-401. Employments covered and employments exempted. (1) Except as provided in subsection (2), the Workers' Compensation Act applies to all employers, as defined in 39-71-117, and to all employees, as defined in 39-71-118. An employer who has any employee in service under any appointment or contract of hire, expressed or implied, oral or written, shall elect to be bound by the provisions of compensation plan No. 1, 2, or 3. Each employee whose employer is bound by the Workers' Compensation Act is subject to and bound by the compensation plan that has been elected by the employer.
(2) Unless the employer elects coverage for these employments under this chapter and an insurer allows an election, the Workers' Compensation Act does not apply to any of the following employments:
(a) household and domestic employment;
(b) casual employment as defined in 39-71-116;
(c) employment of a dependent member of an employer's family for whom an exemption may be claimed by the employer under the federal Internal Revenue Code;
(d) employment of sole proprietors, working members of a partnership, or working members of a member-managed limited liability company, except as provided in subsection (3);
(e) employment of a broker or salesman performing under a license issued by the board of realty regulation;
(f) employment of a direct seller as defined in 26 U.S.C. 3508;
(g) employment for which a rule of liability for injury, occupational disease, or death is provided under the laws of the United States;
(h) employment of a person performing services in return for aid or sustenance only, except employment of a volunteer under 67-2-105;
(i) employment with a railroad engaged in interstate commerce, except that railroad construction work is included in and subject to the provisions of this chapter;
(j) employment as an official, including a timer, referee, or judge, at a school amateur athletic event, unless the person is otherwise employed by a school district;
(k) employment of a person performing services as a newspaper carrier or free-lance correspondent if the person performing the services or a parent or guardian of the person performing the services in the case of a minor has acknowledged in writing that the person performing the services and the services are not covered. As used in this subsection, "free-lance correspondent" is a person who submits articles or photographs for publication and is paid by the article or by the photograph. As used in this subsection, "newspaper carrier":
(i) is a person who provides a newspaper with the service of delivering newspapers singly or in bundles; but
(ii) does not include an employee of the paper who, incidentally to the employee's main duties, carries or delivers papers.
(l) cosmetologist's services and barber's services as defined in 39-51-204(1)(l);
(m) a person who is employed by an enrolled tribal member or an association, business, corporation, or other entity that is at least 51% owned by an enrolled tribal member or members, whose business is conducted solely within the exterior boundaries of an Indian reservation;
(n) employment of a jockey performing under a license issued by the board of horseracing from the time the jockey reports to the scale room prior to a race through the time the jockey is weighed out after a race if the jockey has acknowledged in writing, as a condition of licensing by the board of horseracing, that the jockey is not covered under the Workers' Compensation Act while performing services as a jockey;
(o) employment of an employer's spouse for whom an exemption based on marital status may be claimed by the employer under 26 U.S.C. 7703;
(p) a person who performs services as a petroleum land professional. As used in this subsection, a "petroleum land professional" is a person who:
(i) is engaged primarily in negotiating for the acquisition or divestiture of mineral rights or in negotiating a business agreement for the exploration or development of minerals;
(ii) is paid for services that are directly related to the completion of a contracted specific task rather than on an hourly wage basis; and
(iii) performs all services as an independent contractor pursuant to a written contract.
(q) an officer of a quasi-public or a private corporation or manager of a manager-managed limited liability company who qualifies under one or more of the following provisions:
(i) the officer or manager is engaged in the ordinary duties of a worker for the corporation or the limited liability company and does not receive any pay from the corporation or the limited liability company for performance of the duties;
(ii) the officer or manager is engaged primarily in household employment for the corporation or the limited liability company;
(iii) the officer or manager owns 20% or more of the number of shares of stock in the corporation or owns 20% or more of the limited liability company; or
(iv) the officer or manager is the spouse, child, adopted child, stepchild, mother, father, son-in-law, daughter-in-law, nephew, niece, brother, or sister of a corporate officer who owns 20% or more of the number of shares of stock in the corporation or who owns 20% or more of the limited liability company.
(3) (a) A sole proprietor, a working member of a partnership, or a working member of a member-managed limited liability company who represents to the public that the person is an independent contractor shall elect to be bound personally and individually by the provisions of compensation plan No. 1, 2, or 3 but may apply to the department for an exemption from the Workers' Compensation Act.
(b) The application must be made in accordance with the rules adopted by the department. There is no a $25 fee for the initial application. Any subsequent application renewal must be accompanied by a $25 application fee. The application fee must be deposited in the administration fund established in 39-71-201 to offset the costs of administering the program.
(c) When an application is approved by the department, it is conclusive as to the status of an independent contractor and precludes the applicant from obtaining benefits under this chapter.
(d) The exemption, if approved, remains in effect for 1 year 3 years following the date of the department's approval. To maintain the independent contractor status, an independent contractor shall annually every 3 years submit a renewal application. A renewal application must be submitted for all independent contractor exemptions approved as of July 1, 1995, or thereafter. The renewal application and the $25 renewal application fee must be received by the department at least 30 days prior to the anniversary date of the previously approved exemption.
(e) A person who makes a false statement or misrepresentation concerning that person's status as an exempt independent contractor is subject to a civil penalty of $1,000. The department may impose the penalty for each false statement or misrepresentation. The penalty must be paid to the uninsured employers' fund. The lien provisions of 39-71-506 apply to the penalty imposed by this section.
(f) If the department denies the application for exemption, the applicant may contest the denial by petitioning for review of the decision by an appeals referee in the manner provided for in 39-51-1109. An applicant dissatisfied with the decision of the appeals referee may appeal the decision in accordance with the procedure established in 39-51-2403 and 39-51-2404.
(4) (a) A corporation or a manager-managed limited liability company shall provide coverage for its employees under the provisions of compensation plan No. 1, 2, or 3. A quasi-public corporation, a private corporation, or a manager-managed limited liability company may elect coverage for its corporate officers or managers, who are otherwise exempt under subsection (2), by giving a written notice in the following manner:
(i) if the employer has elected to be bound by the provisions of compensation plan No. 1, by delivering the notice to the board of directors of the corporation or to the management organization of the manager-managed limited liability company; or
(ii) if the employer has elected to be bound by the provisions of compensation plan No. 2 or 3, by delivering the notice to the board of directors of the corporation or to the management organization of the manager-managed limited liability company and to the insurer.
(b) If the employer changes plans or insurers, the employer's previous election is not effective and the employer shall again serve notice to its insurer and to its board of directors or the management organization of the manager-managed limited liability company if the employer elects to be bound.
(5) The appointment or election of an employee as an officer of a corporation, a partner in a partnership, or a member in or a manager of a limited liability company for the purpose of exempting the employee from coverage under this chapter does not entitle the officer, partner, member, or manager to exemption from coverage.
(6) Each employer shall post a sign in the workplace at the locations where notices to employees are normally posted, informing employees about the employer's current provision of workers' compensation insurance. A workplace is any location where an employee performs any work-related act in the course of employment, regardless of whether the location is temporary or permanent, and includes the place of business or property of a third person while the employer has access to or control over the place of business or property for the purpose of carrying on the employer's usual trade, business, or occupation. The sign must be provided by the department, distributed through insurers or directly by the department, and posted by employers in accordance with rules adopted by the department. An employer who purposely or knowingly fails to post a sign as provided in this subsection is subject to a $50 fine for each citation.""
Renumber: subsequent sections
Amendment adopted unanimously.
Senator Thomas moved SB 45, second reading copy, be further amended as follows:
1. Page 8, lines 13 through 18.
Following: second "contractor" on line 13
Strike: remainder of line 13 through "services" on line 18
Amendment adopted as follows:
Yeas: Baer, Beck, Bishop, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Wilson, Mr. President.
Total 36
Nays: Bartlett, Brooke, Christiaens, Doherty, Eck, Franklin, Halligan, Jergeson, Lynch, McCarthy, Shea, Van Valkenburg, Waterman.
Total 13
Absent or not voting: Benedict.
Total 1
Excused: None.
Total 0
Senator Holden moved SB 45, as amended, do pass. Motion carried as follows:
Yeas: Bishop, Brooke, Burnett, Cole, Crippen, Crismore, Devlin, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Harp, Hertel, Holden, Jabs, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Swysgood, Taylor, Thomas, Toews, Wilson, Mr. President.
Total 33
Nays: Baer, Bartlett, Beck, Benedict, Christiaens, DePratu, Doherty, Eck, Estrada, Halligan, Hargrove, Jenkins, Miller, Sprague, Stang, Van Valkenburg, Waterman.
Total 17
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 98 - Senator Thomas moved SB 98, second reading copy, be amended as follows:
1. Page 3, line 3.
Strike: "1998"
Insert: "1999"
Amendment adopted unanimously.
Senator Thomas moved SB 98, as amended, do pass. Motion failed as follows:
Yeas: Beck, Bishop, Burnett, Christiaens, Crismore, DePratu, Doherty, Eck, Emerson, Franklin, Gage, Halligan, Hargrove, Holden, Jergeson, Keating, Lynch, Mahlum, McCarthy, Shea, Stang, Thomas, Van Valkenburg, Waterman.
Total 24
Nays: Baer, Bartlett, Benedict, Brooke, Cole, Crippen, Devlin, Estrada, Foster, Glaser, Grosfield, Harp, Hertel, Jabs, Jenkins, McNutt, Mesaros, Miller, Mohl, Nelson, Sprague, Swysgood, Taylor, Toews, Wilson, Mr. President.
Total 26
Absent or not voting: None.
Total 0
Excused: None.
Total 0
SB 215 - Senator Eck moved SB 215 do pass. Motion failed as follows:
Yeas: Bartlett, Beck, Bishop, Brooke, Crippen, Doherty, Eck, Estrada, Franklin, Gage, Grosfield, Halligan, Jergeson, Lynch, Mahlum, McCarthy, Nelson, Shea, Sprague, Stang, Thomas, Van Valkenburg, Waterman, Wilson.
Total 24
Nays: Baer, Benedict, Burnett, Christiaens, Cole, Crismore, DePratu, Devlin, Emerson, Foster, Glaser, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, McNutt, Mesaros, Miller, Mohl, Swysgood, Taylor, Toews, Mr. President.
Total 26
Absent or not voting: None.
Total 0
Excused: None.
Total 0
Senator Harp moved the committee rise and report. Motion carried. Committee arose. Senate resumed. President Aklestad in the Chair. Chairman Foster moved that the Committee of the Whole report be adopted. Report adopted.
ANNOUNCEMENTS
Committee meetings were announced by committee chairmen.
Majority Whip Foster introduced the Senate pages for the week of February 17-February 22, 1997.
Majority Leader Harp moved that the Senate adjourn until 1:00 p.m., Tuesday, February 18, 1997. Motion carried.
Senate adjourned at 3:17 p.m.
ROSANA SKELTON GARY AKLESTAD
Secretary of Senate President of the Senate