SENATE JOURNAL
FIFTY-SEVENTH LEGISLATIVE DAY
Helena, Montana Senate Chambers
March 15, 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 Jergeson, McCarthy, and Sprague, excused. Quorum present.
Mr. President: We, your committee on Bills and Journal, having examined the daily journal for the fifty-first legislative day, find the same to be correct.
Miller, Chairman
REPORTS OF STANDING COMMITTEES
BILLS AND JOURNAL (Miller, Chairman): 3/14/97
Correctly printed: SB 386, SR 8, HB 243, HB 334, HB 396, HB 550, HJR 18.
Correctly engrossed: HB 31, HB 46, HB 65, HB 137, HB 149, HB 197, HB 201, HB 202, HB 222, HB 256,
HB 283, HB 302, HB 320, HB 331, HB 343, HB 344, HB 348, HB 376, HB 401, HB 422.
Correctly enrolled: SB 129.
Examined by the sponsor and found to be correct: SB 303.
Signed by the President at 3:15 p.m., March 14, 1997: SB 7, SB 26, SB 62, SB 86, SB 119, SR 7.
Delivered to the Governor for his approval at 3:30 p.m., March 14, 1997: SB 38, SB 81, SB 125.
FISH & GAME (Bishop, Chairman): 3/14/97
HB 212, be amended as follows:
1. Page 1, line 26.
Following: "made to"
Insert: "and agricultural operations on"
2. Page 1, line 27.
Following: "maintained"
Insert: "or continued"
And, as amended, be concurred in. Report adopted.
HB 547, be amended as follows:
1. Page 4, line 3.
Strike: "IS"
Insert: "and costs incurred in donating game animal meat are"
2. Page 4, line 8.
Following: "."
Insert: "Money from the grants awarded to the Montana food bank network may be used only for the processing of donated game animal meat."
And, as amended, be concurred in. Report adopted.
JUDICIARY (Crippen, Chairman): 3/14/97
HB 44, be amended as follows:
1. Page 1, line 16.
Following: "costs."
Insert: "(1)"
2. Page 1, line 21.
Following: "ACCOUNT"
Insert: ","
Following: "EXCESS"
Strike: "MAY, AT THE DEPARTMENT'S DISCRETION"
Insert: "must, consistent with department rules"
3. Page 1, line 23.
Following: "exceed"
Strike: "$2, for each account transaction"
Insert: "$1.60 each month to administer the inmate's account"
4. Page 1.
Following: line 23
Insert: "(2)(a) Money forfeited under subsection (1) to the payment of restitution must be paid in the following order:
(i) to the victim until the victim's unreimbursed pecuniary loss is satisfied;
(ii) to the crime victims compensation and assistance account provided for in 53-9-109 until the account is fully reimbursed for compensation to the victim;
(iii) to any other government agency that has compensated the victim for the victim's pecuniary loss;
(iv) to any insurance company that has compensated the victim for the victim's pecuniary loss.
(b) If the inmate's sentence did not provide for the payment of restitution or if there is a balance of money after restitution has been paid under subsection (2)(a), money forfeited under subsection (1) must be applied to the inmate's costs of incarceration.
(3) The department shall adopt rules establishing criteria for forfeiture of funds under subsection (1). The rules must contain clear guidelines regarding forfeiture that ensure restitution under subsection (2) but that:
(a) do not unreasonably inhibit an inmate's ability to save money for the purchase of tools or other items to further the education of the inmate for purposes of rehabilitation or seeking employment after release from the correctional facility; and
(b) do inhibit any inmate's ability to deal in contraband or illegal acts within or outside the correctional facility."
And, as amended, be concurred in. Report adopted.
HB 339, be amended as follows:
1. Title, line 6.
Following: "PUBLIC;"
Insert: "PERMITTING PROBATIONARY DRIVING PRIVILEGES AFTER 30 DAYS AND REQUIRING PAYMENT OF A LICENSE REINSTATEMENT FEE PRIOR TO ISSUANCE OF A PROBATIONARY DRIVER'S LICENSE;"
2. Page 2, line 1.
Following: "period"
Insert: "until the person has completed at least 30 days of the suspension period and paid a license reinstatement fee in accordance with 61-2-107"
And, as amended, be concurred in. Report adopted.
HB 346, be amended as follows:
1. Title, lines 5 through 7.
Following: "REQUIRING" on line 5
Strike: remainder of line 5 through "CONVICTION" on line 7
Insert: "SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF A FOURTH OR SUBSEQUENT VIOLATION OF MANDATORY MOTOR VEHICLE INSURANCE LAWS; REQUIRING A PERSON TO PROVIDE THE DEPARTMENT OF JUSTICE WITH PROOF OF COMPLIANCE WITH MANDATORY MOTOR VEHICLE INSURANCE LAWS BEFORE REINSTATEMENT OF LICENSE PLATES, REGISTRATION RECEIPTS, OR A SUSPENDED DRIVER'S LICENSE"
2. Title, line 9.
Following: "AMENDING"
Strike: "SECTIONS 61-5-206, 61-6-302, AND"
Insert: "SECTION"
3. Page 1, line 13 through page 3, line 27.
Strike: sections 1 and 2 in their entirety
Renumber: subsequent section
4. Page 4, line 12.
Following: "period"
Insert: "and until proof of compliance with 61-6-301 is furnished to the department"
5. Page 4, line 17.
Following: "license"
Insert: ". The department may not reinstate a driver's license suspended under this subsection"
Following: "provides"
Insert: "the department"
6. Page 4, line 18.
Following: "61-6-301"
Strike: remainder of line 18 through "law"
Insert: "and the department determines that the registered owner is otherwise eligible for licensure"
And, as amended, be concurred in. Report adopted.
HB 479, be amended as follows:
1. Title, line 6.
Following: "DUTY"
Insert: "AND FROM THE LIST OF JURORS"
Strike: "SECTION"
Insert: "SECTIONS"
Following: "3-15-313"
Insert: "AND 3-15-402"
2. Page 1, line 22.
Strike: "duty"
Insert: "service"
3. Page 1, line 30.
Following: "devices"
Insert: ","
4. Page 2, line 2.
Following: "person"
Strike: ","
5. Page 2.
Following: line 14
Insert: "Section 2. Section 3-15-402, MCA, is amended to read:
"3-15-402. Selection of qualified persons. At (1) Subject to subsection (2), at the meeting specified in 3-15-401, the officers present must shall select from the most recent list of all registered electors, as prepared by the county registrar, and make a list of the names of all persons qualified to serve as trial jurors, as prescribed in part 3 of this chapter. Each name so appearing on said the list shall must be assigned a number which shall that must be placed opposite the name on the jury list and shall must be considered the number of the juror opposite whose name it appears. Said The numbers shall must be consecutive from "1" to the total number of jurors. A person's name may not appear on a jury list for more than one court during a 1-year term.
(2) The list prepared under subsection (1) may not include the name of a person permanently excluded from jury service under 3-15-313.""
And, as amended, be concurred in. Report adopted.
HB 577, be concurred in. Report adopted.
HJR 19, be adopted. Report adopted.
LEGISLATIVE ADMINISTRATION (Foster, Chairman): 3/13/97
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, March 15, 1997:
TITLE NAME
Pages: Douglas Barber
Rebecca Harrison
Tara Lance
Courtnie McGowan
Mark Springer
Nic Tognetti
Andrea Unrau
Tonya Varner
and recommend that the following attaches of the Senate be employed as of 8:00 a.m., Monday, March 17, 1997:
TITLE NAME
Pages: Kyle Bigby
Letha Dubbs
Jared Gage
Chad Larson
Annie Rein
Kristin Scheel
Travis Simons
Ryan Stang
Report adopted.
STATE ADMINISTRATION (Hargrove, Chairman): 3/14/97
SR 13, be adopted. Report adopted.
MESSAGES FROM THE OTHER HOUSE
Senate bills concurred in and returned to the Senate: 3/14/97
SB 6, introduced by Christiaens
SB 15, introduced by Halligan
Senate bills concurred in as amended and returned to the Senate for concurrence in House amendments:
SB 2, introduced by Holden
SB 109, introduced by Holden
House bills passed and transmitted to the Senate for concurrence: 3/14/97
HB 102, introduced by Beaudry
HB 114, introduced by McCulloch
HB 136, introduced by Wiseman
MOTIONS
HB 384 - Senator Cole moved consideration of HB 384 on second reading be passed until the fifty-ninth legislative day, March 18, 1997. Motion carried.
FIRST READING AND COMMITMENT OF BILLS
The following bills were introduced, read first time, and referred to committees:
HB 102, introduced by Beaudry, (by request of the Department of Corrections) referred to Committee on Finance & Claims.
HB 114, introduced by McCulloch, (by request of the Juvenile Justice and Juvenile Mental Health Study Commission) referred to Committee on Finance & Claims.
HB 136, introduced by Wiseman, (by request of the Department of Corrections) referred to Committee on Finance & Claims.
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 192, as amended by the House, 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 47
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
SB 386 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 47
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 46 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 47
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 65, 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, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 45
Nays: Harp, Swysgood.
Total 2
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 137, 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 47
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 197 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 47
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 201 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 47
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 202, as amended, concurred in as follows:
Yeas: Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Nelson, Shea, Stang, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 41
Nays: Baer, DePratu, Devlin, Mohl, Swysgood, Taylor.
Total 6
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 222, as amended, concurred in as follows:
Yeas: Baer, Bartlett, 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, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 46
Nays: Brooke, Christiaens, Eck.
Total 3
Paired: Jergeson, Sprague, Aye; Brooke, Christiaens, No.
Absent or not voting: None.
Total 0
Excused: McCarthy.
Total 1
HB 256 concurred in as follows:
Yeas: Baer, Bartlett, 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 46
Nays: Beck.
Total 1
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 283 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 47
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 302, as amended, concurred in as follows:
Yeas: Baer, Bartlett, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Taylor, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 43
Nays: Beck, Devlin, Swysgood, Thomas.
Total 4
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 320, 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 47
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 331, as amended, concurred in as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Nelson, Shea, Sprague, Stang, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 42
Nays: Devlin, Estrada, Jenkins, Mohl, Swysgood, Taylor.
Total 6
Paired: Sprague, Aye; Devlin, No.
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy.
Total 2
HB 343, as amended, concurred in as follows:
Yeas: Bartlett, Brooke, Burnett, Christiaens, Cole, Crippen, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Holden, Jabs, Jergeson, McCarthy, McNutt, Miller, Nelson, Shea, Stang, Toews, Van Valkenburg, Waterman, Wilson.
Total 28
Nays: Baer, Beck, Benedict, Bishop, Crismore, DePratu, Devlin, Estrada, Hargrove, Harp, Hertel, Jenkins, Keating, Lynch, Mahlum, Mesaros, Mohl, Sprague, Swysgood, Taylor, Thomas, Mr. President.
Total 22
Paired: Cole, Jergeson, McCarthy, Aye; Benedict, Devlin, Sprague, No.
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 348 concurred in as follows:
Yeas: Baer, Beck, Benedict, Bishop, Brooke, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 44
Nays: Bartlett, Burnett, Estrada.
Total 3
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 376, as amended, concurred in as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Christiaens, Cole, Crippen, Crismore, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, Mesaros, Miller, Nelson, Shea, Stang, Swysgood, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 41
Nays: Burnett, DePratu, Harp, McNutt, Mohl, Taylor.
Total 6
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 422, 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, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 47
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
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 Nelson in the Chair.
Mr. President: We, your Committee of the Whole, having had under consideration business on second reading, recommend as follows:
HB 351 - Senator Christiaens moved HB 351 be concurred in. Motion failed as follows:
Yeas: Christiaens, Eck, Stang, Van Valkenburg, Wilson.
Total 5
Nays: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Swysgood, Taylor, Thomas, Toews, Waterman, Mr. President.
Total 42
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 381 - Senator Foster moved HB 381 be concurred in. Motion carrried unanimously.
HB 439 - Senator Brooke moved HB 439 be concurred in. Motion carried as follows:
Yeas: Bartlett, Bishop, Brooke, Christiaens, Cole, Crismore, Doherty, Eck, Foster, Franklin, Gage, Glaser, Halligan, Hargrove, Jabs, Lynch, Mesaros, Nelson, Shea, Stang, Swysgood, Taylor, Van Valkenburg, Waterman, Wilson.
Total 25
Nays: Baer, Beck, Benedict, Burnett, Crippen, DePratu, Devlin, Emerson, Estrada, Grosfield, Harp, Hertel, Holden, Jenkins, Keating, Mahlum, McNutt, Miller, Mohl, Thomas, Toews, Mr. President.
Total 22
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 486 - Senator Mesaros moved HB 486 be concurred in. Motion carried unanimously.
HB 501 - Senator Hargrove moved HB 501 be concurred in. Motion carried unanimously.
HB 506 - Senator Miller moved HB 506 be concurred in. Motion carried with Senators Beck and Emerson voting nay.
HB 507 - Senator Grosfield moved HB 507 be concurred in. Motion carried unanimously.
HB 4 - Senator Swysgood moved HB 4 be concurred in. Motion carried unanimously.
HB 110 - Senator Beck moved HB 110 be concurred in. Motion carried as follows:
Yeas: Baer, Beck, Benedict, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Hargrove, Hertel, Holden, Jabs, Jenkins, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Mr. President.
Total 38
Nays: Bartlett, Bishop, Doherty, Eck, Halligan, Keating, Waterman, Wilson.
Total 8
Absent or not voting: Harp.
Total 1
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 180 - Senator Waterman moved HB 180 be concurred in. Motion carried as follows:
Yeas: Baer, Bartlett, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Doherty, Eck, Emerson, Foster, Franklin, Grosfield, Halligan, Hargrove, Hertel, Holden, Jabs, Keating, Mahlum, McNutt, Mesaros, Miller, Nelson, Stang, Taylor, Thomas, Van Valkenburg, Waterman.
Total 30
Nays: Beck, Crippen, Crismore, DePratu, Devlin, Estrada, Gage, Harp, Jenkins, Lynch, Mohl, Shea, Swysgood, Toews, Wilson, Mr. President.
Total 16
Absent or not voting: Glaser.
Total 1
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 251 - Senator Doherty moved HB 251, second reading copy, be amended as follows:
1. Title, line 6.
Following: "CASE OF"
Strike: "THE"
Insert: "A"
Following: "OR"
Strike: "BROUGHT"
Insert: "MAINTAINED"
2. Page 1, line 21.
Following: "court"
Insert: "on an issue of law"
Following: "jury"
Insert: "on an issue of fact"
3. Page 1, line 22.
Strike: "brought"
Insert: "maintained"
Amendment carried as follows:
Yeas: Bartlett, Bishop, Brooke, Burnett, Christiaens, Crippen, Crismore, DePratu, Doherty, Eck, Foster, Franklin, Gage, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Keating, Lynch, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Taylor, Van Valkenburg, Waterman, Wilson.
Total 32
Nays: Baer, Beck, Benedict, Cole, Devlin, Emerson, Estrada, Glaser, Jabs, Jenkins, Mahlum, Swysgood, Thomas, Toews, Mr. President.
Total 15
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
Senator Jabs moved HB 251, as amended, concurred in. Motion carried as follows:
Yeas: Baer, Beck, Benedict, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Swysgood, Taylor, Thomas, Toews, Wilson, Mr. President.
Total 36
Nays: Bartlett, Bishop, Brooke, Doherty, Eck, Franklin, Halligan, Shea, Stang, Van Valkenburg, Waterman.
Total 11
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 357 - Senator Benedict moved HB 357 be concurred in. Motion carried unanimously.
HB 382 - Senator Beck moved HB 382 be concurred in. Motion carried unanimously.
HB 402 - Senator Jabs moved HB 402 be concurred in. Motion carried unanimously.
HB 411 - Senator Estrada moved HB 411 be concurred in. Motion carried as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Eck, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson.
Total 40
Nays: Brooke, Christiaens, Doherty, Franklin, Lynch, Shea, Mr. President.
Total 7
Absent or not voting: None.
Total 0
Excused: Jergeson, McCarthy, Sprague.
Total 3
HB 470 - Senator Waterman moved HB 470 be concurred in. Motion carried unanimously.
HJR 23 - Senator Doherty moved HJR 23 be adopted. Motion failed as follows:
Yeas: Baer, Christiaens, Crippen, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Harp, Holden, Jenkins, Keating, Lynch, Mahlum, McNutt, Nelson, Shea, Stang, Thomas, Waterman, Wilson.
Total 23
Nays: Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Cole, Crismore, DePratu, Devlin, Glaser, Grosfield, Halligan, Hargrove, Hertel, Jabs, Mesaros, Miller, Mohl, Swysgood, Toews, Van Valkenburg, Mr. President.
Total 23
Absent or not voting: Taylor.
Total 1
Excused: Jergeson, McCarthy, Sprague.
Total 3
Senator Harp moved the committee rise and report. Motion carried. Committee arose. Senate resumed. President Aklestad in the Chair. Chairman Nelson moved that the Committee of the Whole report be adopted. Report adopted.
ANNOUNCEMENTS
Senator Foster acknowledged the Senate pages for the week and thanked them for a job well done.
Committee meetings were announced by committee chairmen.
Majority Leader Harp moved that the Senate adjourn until 1:00 p.m., Monday, March 17, 1997. Motion carried.
Senate adjourned at 10:24 a.m.
ROSANA SKELTON GARY AKLESTAD
Secretary of Senate President of the Senate