SENATE JOURNAL
SEVENTY-THIRD LEGISLATIVE DAY
Helena, Montana Senate Chambers
April 7, 1997 State Capitol
Senate convened at 1:00 p.m. President Aklestad presiding. Invocation by Reverend Tom Banks. Pledge of Allegiance to the Flag.
Roll call. All members present except Senator Mesaros, excused. Quorum present.
Mr. President: We, your committee on Bills and Journal, having examined the daily journal for the sixty-eighth legislative day, find the same to be correct.
Miller, Chairman
REPORTS OF STANDING COMMITTEES
BILLS AND JOURNAL (Miller, Chairman): 4/7/97
Correctly printed: SJR 17, HB 238, HB 240, HB 264, HB 284, HB 365, HB 369, HB 394, HB 408, HB 483,
HB 505, HB 508, HB 518, HB 519, HB 523, HB 529, HB 556, HB 566, HB 569, HB 571, HB 572,
HB 575, HJR 7, HJR 8, HJR 12, HJR 16, HJR 21, HJR 22, HJR 29, HJR 30.
Correctly engrossed: HB 102, HB 293, HB 388, HB 435, HB 542, HB 546, HB 558.
Correctly enrolled: SB 21, SB 25, SB 27, SB 29, SB 32, SB 33, SB 50, SB 51, SB 94, SB 113, SB 159, SB 167, SB 180, SB 182, SB 188, SB 198, SB 201, SB 205, SB 224, SB 226, SB 239, SB 244, SB 245, SB 246, SB 252, SB 257, SB 259, SB 265, SB 277, SB 311, SB 313, SB 326, SB 331, SB 341, SB 361.
Delivered to the Governor for his approval at 8:15 a.m., April 7, 1997: SB 343.
BUSINESS & INDUSTRY (Hertel, Chairman): 4/7/97
HB 391, be concurred in. Report adopted.
HB 598, be concurred in. Report adopted.
JUDICIARY (Crippen, Chairman): 4/7/97
HB 100, be amended as follows:
1. Page 2, line 12 through page 3, line 26.
Strike: subsection (4) in its entirety
Renumber: subsequent subsections
2. Page 6, line 9 through page 7, line 22.
Strike: subsection (4) in its entirety
Renumber: subsequent subsections
3. Page 8.
Following: line 26
Insert: "
NEW SECTION. Section 3. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- penalty for fourth or subsequent offense. (1) On the fourth or subsequent conviction under 61-8-714 or 61-8-722 for a violation of 61-8-401 or 61-8-406, the person is guilty of a felony and shall be punished by:
(a) imprisonment for a term of not less than 6 months or more than 13 months, the imposition or execution of which may not be suspended, and the person is not eligible for parole;
(b) a supervised release term of not less than 1 year or more than 4 years; and
(c) a fine of not less than $1,000 [$1,500] or more than $10,000.
(2) The court shall, subject to sentencing restrictions:
(a) specify one of the following facilities as the initial place in which the term of imprisonment must be served:
(i) a state prison;
(ii) a regional correctional facility;
(iii) a county jail;
(iv) a boot camp, provided the prior approval of the department of corrections has been obtained; or
(v) a prerelease center, provided the prior approval of the department of corrections has been obtained; or
(b) sentence the person to the department of corrections for placement in an appropriate correctional institution or program; and
(c) order a person who is financially able to pay the costs of imprisonment and supervised release under this section and of the information course and treatment under [section 9 of House Bill No. 559].
(3) The sentencing judge may impose upon the defendant any reasonable restrictions or conditions during the period of supervised release. Reasonable restrictions or conditions may include:
(a) conditions for supervised release;
(b) payment of a fine as provided in 46-18-231;
(c) payment of costs as provided in 46-18-232 and 46-18-233;
(d) payment of costs of court-appointed counsel as provided in 46-8-113;
(e) community service;
(f) any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of society;
(g) treatment in a state-approved public or private treatment facility; or
(h) any combination of the restrictions or conditions listed in subsections (3)(a) through (3)(g).
(4) (a) Following initial placement of a defendant in a boot camp or a prerelease center under subsection (2)(a), the department of corrections may, at its discretion, place the offender in another facility or program.
(b) The term of supervised release must be supervised by the department of corrections, which may order all or any portion of the supervised release term to be served under intensive supervision. The provisions of Title 46, chapter 23, part 10, relating to probation, apply to the supervised release.
(5) If a violation of the restrictions or conditions of the supervised release is established, the court may continue the period of supervised release or may require the defendant to serve the remainder of the supervised release sentence in one of the facilities set forth in subsection (2)(a) or (2)(b). The court may credit the remainder of the supervised release or the time to be served in a facility set forth in subsection (2)(a) or (2)(b) with all or part of the time already served on supervised release."
NEW SECTION. Section 4. Coordination. (1) If House Bill No. 559 and [this act] are passed and approved, then subsection (1) of the coordination instruction in House Bill No. 559 is void, the bracketed references to "section 13" in House Bill No. 559 are replaced with a reference to [section 3] of House Bill No. 100, and [section 13], inserted by the coordination instruction in House Bill No. 559, is replaced with [section 3] of [this act].
(2) If House Bill No. 208 and [this act] are both passed and approved, then the bracketed amount in [section 3] is effective."
Renumber: subsequent section
And, as amended, be concurred in. Report adopted.
SPECIAL ORDERS OF THE DAY
Senator Foster introduced the Senate pages for the week of April 7-12, 1997.
MESSAGES FROM THE GOVERNOR
April 1, 1997
The Honorable Gary Aklestad
President of the Senate
State Capitol
Helena, Montana 59620
Dear Senator Aklestad:
Attached is a list of board appointments not yet confirmed by the Montana Legislature. We have supplied the following information for each member.
Board Name
Member Name
Brief Member Biography
Position Requirement
Member Address and Phone Number
If I or my staff can be of further assistance to you, please do not hesitate to contact us.
Sincerely,
MARC RACICOT
Governor
Board of County Printing MCA 2-15-1811
Mr. Roy Aafedt Appt: 04/01/97
415 2nd Avenue N. Term: 04/01/99
Great Falls, MT 59401 Qual: County Commissioner
HPH: 761-4751
BPH: 454-6810
Roy is currently a county commissioner for Cascade County. This is his second term on this board.
Ms. Nancy Clark Appt: 04/01/97
415 2nd Avenue N. Term: 04/01/99
Ryegate, MT 59074 Qual: Public
HPH: 568-2553
BPH: same
Nancy is married to Rep. Bob Clark and is an RN and EMT. She remains very active in her community and surrounding communities monitoring blood pressure and hypertension education. She has served on the Wheatland Memorial Hospital Board.
Ms. Fern Hart Appt: 04/01/97
45 Brookside Term: 04/01/99
Missoula, MT 59802 Qual: County Commissioner
HPH: 728-4624
BPH: 721-5700 x 3200
Fern is a county commissioner from Missoula. This is her second term on this board. She has a B.S. and B.A. from McMurry College in Abilene, TX and an M.A. from Southern Methodist Univ in Dallas. She is a former Clerk & Recorder/Treasurer for Missoula County.
Mr. Verle Rademacher Appt: 04/01/97
Box 349 Term: 04/01/99
White Sulphur Springs, MT 59645 Qual: Printing Industry
HPH: 547-3830
BPH: 547-3831
Verle has been the owner/publisher of the Meagher County News for over 30 years and founded Wagon Box Publishing in 1990. The is a former president of the Montana Press Assn and member of the Montana Newspaper Advertising Service Board.
Mr. Curtis Starr Appt: 04/01/97
Box 850 Term: 04/01/99
Malta, MT 59538 Qual: Printing Industry
HPH: 654-1995
BPH: 654-2020
Curtis is the owner/editor of the Phillips County News in Malta, which he and his wife purchased in 1992. He has a long history of involvement in the newspaper industry and received a B.S. degree in journalism from Utah State University.
Board of Dentistry MCA 2-15-1842
Dr. Sheldon Ivers Appt: 03/29/97
2501 6th Avenue S. Term: 03/29/02
Great Falls, MT 59405 Qual: Dentist
HPH: 761-3049
BPH: 727-2444
Dr. Ivers has been in private practice since 1967. He received his DDS from Marquette University in 1961. He is a member of the American Dental Assn, Montana Dental Assn, the Fourth District Dental Society (current vice president), and the American Academy of Restorative Dentistry.
Ms. Nancy Rupert Appt: 03/29/97
3021 Forsythia Term: 03/29/02
Billings, MT 59102 Qual: Public member
HPH: 656-0891
BPH: same
Nancy took 3-1/2 years of nursing education at Montana State University and had one year special education training. She is active on the local YWCA Board and Junior League Volunteer Board of Directors, as well as a volunteer organizations for St. Vincents Hospital. She works part-time at Kids & Company in Billings.
Mr. Henry Stish Appt: 03/29/97
414 S. Arizona Term: 03/29/02
Dillon, MT 59725 Qual: Public member/senior citizen
HPH: 683-2909
BPH: same
Henry was the Dean of Students at Western Montana College for 17 years and is recently retired. He served on the SW Montana Mental Health Board for three years. He also has served on the Chance Incorporated Board, a group home for developmentally disabled), the Dillon City Park Board, and the Beaverhead Country Club Board.
Mr. Clifford Christenot Appt: 03/29/97
2850 South Hwy 2 Term: 03/29/02
Libby, MT 59923 Qual: Denturist
HPH: 293-7412
BPH: same
Cliff has been a licensed denturist since 1986 and has a private business, where he makes dentures, procelain bridges, and caps. He was a certified x-ray tech and hygienist in the Navy and also assisted with maxiofacial reconstruction.
Board of Housing MCA 2-15-1814
Mr. Thomas Welch Appt: 03/21/97
607 Highland Ave. Term: 01/01/01
Dillon, MT 59725 Qual: Public member
HPH: 683-4811
BPH: 683-5191
Tom has been the president and CEO of Pioneer Federal Savings & Loan in Dillon since 1986. He has a BS degree in General Business from the University of Montana and has served on various community boards, including: Dillon Jaycees, Kiwanis, School Board, Beaverhead Economic Development Corp. Board, Beaverhead Foundation Board, DARE Board, City Police Commission, and is currently the chairman of the Beaverhead County Affordable Housing Task Force. He also served on the Governor’s Task Force on Affordable Housing.
Ms. Rhonda Carpenter Appt: 3/21/97
3208 2nd Avenue South Term: 01/01/01
Great Falls, MT 59405 Qual: Public member
HPH: 727-5659
BPH: same
Rhonda has been involved in the housing industry for about 10 years, serving as a representative for the landlord’s associations on numerous boards and working directly with her own rental property. She has had experience as a licensed continuing education teacher in the field of landlord/tenant law. She previously served on the board of directors of the Income Property Owners and Managers.
Mr. Robert Savage Appt: 3/21/97
P. O. Box 1250 Term: 01/01/01
Sidney, MT 59270 Qual: Public member
HPH: 482-7152
BPH: 482-6410
Bob is an attorney from Sidney who is presently representing Montana as a member of the Board of Directors of the National Conference of State Housing Boards. He was elected to a 2-year term representing Region 1, which includes Montana, Washington, Oregon, Idaho, California, Alaska, Nevada, and Hawaii.
Mr. William Oser Appt: 3/21/97
2703 Woody Drive Term: 01/01/01
Billings, MT 59102 Qual: Public member
HPH: 656-5726
BPH: same
Bill is retired after serving as a managing stockholder for The Company Stores, Inc. in Billings. This is a collection of retail stores located in Rimrock Mall. He developed all areas of these businesses and played an active roll in the day to day operations.
Montana Arts Council MCA 22-2-102
Mr. Robert Morrison Appt: 3/21/97
2815 Woody Drive Term: 02/01/02
Billings, MT 59102 Qual: Public member
HPH: 656-5741
BPH: same
Bob is a Professor Emeritus of Art at Rocky Mountain College. He studied Scandinavian art at the International College in Copenhagen and at the University of Oslo in 1976, and he studied medieval calligraphy at Oxford University in England. He was a Professor of Art at Rocky Mtn College from 1967-1987 and was Academic Vice President and Dean of the College from 1985-1986.
Ms. Connie Clarke Appt: 03/21/97
2312 Pearl Street Term: 02/01/02
Miles City, MT 59301 Qual: Public member
HPH: 232-3332
BPH: same
Connie is self employed conducting seminars, facilitating, consulting, speaking engagements for variety of organizations, on subjects of customer service, human resource management, motivations speaker for women and insurance related topics. She received an Associate of Arts degree from Miles City Community College in 1993 and also attended the University of Montana, studying music.
Ms. Carol Brenden Appt: 03/21/97
Box 970 Term: 02/01/02
Scobey, MT 59263 Qual: Public member
HPH: 783-5394
BPH: same
Carol is a music educator with an emphasis in voice and is also a member of the american Choral Directors. She taught vocal music at Scobey High School and Laurel High School. She received a Master of Music degree from University of Colorado, with a minor in theatre. She also has a B.A. in Public School Music.
Mr. John Dudis Appt: 03/21/97
220 Farview Drive Term: 02/01/02
Kalispell, MT 59901 Qual: Public member
HPH: 752-0362
BPH: 752-6644
John is a CPA and tax attorney and a strong supporter of the Arts. This is his second term on the council.
Ms. Carol Novotne Appt: 03/21/97
Box 14 Term: 02/01/02
Ft. Harrison, MT 59636 Qual: Public member
HPH: 442-7903
BPH: same
Carol is the former Director of the Helena Arts Center and a working professional visual artist. She has been vice-chair of this council. This is her second term on the council.
Board of Optometry MCA 2-15-1846
Dr. Cynthia Kinna Johnson Appt: 4/3/97
8575 Starling Drive Term: 4/3/01
Bozeman, MT 59715 Qual: Optometrist
HPH: 587-6298
BPH: 587-4214
Dr. Johnson is an optometrist in Bozeman in private practice. She is a graduate of the University of Montana and Southern California College of Optometry. This is her second term on this board.
April 7, 1997
The Honorable Gary Aklestad
President of the Senate
State Capitol
Helena, Montana 59620
Dear Senator Aklestad:
Please be informed that I have signed Senate Bill 223 sponsored by Senator Cole and Senate Bill 264 sponsored by Senator Miller on April 7, 1997.
Sincerely,
MARC RACICOT
Governor
MESSAGES FROM THE OTHER HOUSE
House bill passed and transmitted to the Senate for concurrence: 4/4/97
HB 604, introduced by Harper
House bill requiring two-thirds vote: 4/5/97
HB 249, introduced by Ohs, requiring adoption by an affirmative roll call vote of two-thirds of all the members of the Legislature, passed the House and was transmitted to the Senate with the following vote:
Yeas - 64
Nays - 35
Senate bills concurred in as amended and returned to the Senate for concurrence in House amendments: 4/5/97
SB 16, introduced by Halligan
SB 28, introduced by Hertel
SB 89, introduced by Beck
SB 97, introduced by Grosfield
SB 151, introduced by Miller
SB 181, introduced by Hargrove
SB 193, introduced by Miller
SB 212, introduced by McNutt
SB 270, introduced by Benedict
SB 273, introduced by Nelson
SB 283, introduced by Burnett
SB 284, introduced by Halligan
SB 308, introduced by Beck
SB 310, introduced by Grosfield
SB 314, introduced by Crippen
SB 325, introduced by Crismore
SB 342, introduced by Brooke
SB 350, introduced by McNutt
SB 365, introduced by Benedict
SB 369, introduced by Swysgood
SB 379, introduced by Lynch
SB 381, introduced by Benedict
Senate Joint Resolutions adopted and returned to the Senate: 4/5/97
SJR 8, introduced by Estrada
SJR 9, introduced by Stang
SJR 10, introduced by Beck
SJR 12, introduced by Foster
Senate bills concurred in and returned to the Senate: 4/5/97
SB 266, introduced by Devlin
SB 271, introduced by Jenkins
SB 275, introduced by Miller
SB 282, introduced by Lynch
SB 285, introduced by Benedict
SB 286, introduced by Crippen
SB 288, introduced by Van Valkenburg
SB 309, introduced by Mahlum
SB 316, introduced by Bartlett
SB 329, introduced by Halligan
SB 335, introduced by Jenkins
SB 337, introduced by Grosfield
SB 383, introduced by Crippen
FIRST READING AND COMMITMENT OF BILLS
The following bill was introduced, read first time, and referred to committee:
HB 604, introduced by Harper, Rose, Grady, Ellis, Keenan, Ream, Jenkins, Peck, Ohs, Rehbein, Zook, McCann and Gage, referred to Committee on Business & Industry.
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:
HB 102, as amended, concurred in as follows:
Yeas: Baer, Benedict, Cole, Crippen, Crismore, DePratu, Emerson, Estrada, Foster, Gage, Glaser, Halligan, Hargrove, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McNutt, Mesaros, Miller, Sprague, Thomas, Toews, Mr. President.
Total 27
Nays: Bartlett, Beck, Bishop, Brooke, Burnett, Christiaens, Devlin, Doherty, Eck, Franklin, Grosfield, Harp, Jergeson, McCarthy, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Van Valkenburg, Waterman, Wilson.
Total 23
Paired: Mesaros, Aye; Waterman, No.
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 240 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, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 49
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 293, as amended, concurred in as follows:
Yeas: Baer, Beck, Benedict, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Foster, Gage, Glaser, Grosfield, Hargrove, Hertel, Holden, Jenkins, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Sprague, Swysgood, Thomas, Toews, Mr. President.
Total 29
Nays: Bartlett, Bishop, Brooke, Christiaens, Doherty, Eck, Estrada, Franklin, Halligan, Harp, Jabs, Jergeson, Lynch, McCarthy, Nelson, Shea, Stang, Taylor, Van Valkenburg, Waterman, Wilson.
Total 21
Paired: Mesaros, Aye; Van Valkenburg, No.
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 369, 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, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 49
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 388, as amended, concurred in as follows:
Yeas: Baer, Beck, Benedict, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Eck, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Wilson, Mr. President.
Total 41
Nays: Bartlett, Bishop, Brooke, Christiaens, Doherty, Franklin, Lynch, Van Valkenburg, Waterman.
Total 9
Paired: Mesaros, Aye; Van Valkenburg, No.
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 408 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, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 48
Nays: Grosfield.
Total 1
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 435, as amended, concurred in as follows:
Yeas: Bartlett, Beck, Benedict, Bishop, Brooke, Christiaens, Crippen, DePratu, Doherty, Eck, Estrada, Foster, Franklin, Halligan, Hertel, Jergeson, Keating, Lynch, Mahlum, McCarthy, Nelson, Shea, Sprague, Stang, Taylor, Thomas, Van Valkenburg, Waterman, Wilson.
Total 29
Nays: Baer, Burnett, Cole, Crismore, Devlin, Emerson, Gage, Glaser, Grosfield, Hargrove, Harp, Holden, Jabs, Jenkins, McNutt, Mesaros, Miller, Mohl, Swysgood, Toews, Mr. President.
Total 21
Paired: Foster, Aye; Mesaros, No.
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 483, 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, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 49
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 508, 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, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 48
Nays: Sprague.
Total 1
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 518, 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, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 49
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 519, as amended, concurred in as follows:
Yeas: Baer, 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, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 48
Nays: Emerson.
Total 1
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 542, as amended, not concurred in as follows:
Yeas: Bartlett, Bishop, Brooke, Christiaens, Doherty, Eck, Franklin, Gage, Glaser, Halligan, Jergeson, Keating, Miller, Shea, Sprague, Stang, Toews, Van Valkenburg, Waterman, Wilson.
Total 20
Nays: Baer, Beck, Benedict, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Swysgood, Taylor, Thomas, Mr. President.
Total 30
Paired: Van Valkenburg, Aye; Mesaros, No.
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 546, as amended, concurred in as follows:
Yeas: Bartlett, Beck, Bishop, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Foster, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Swysgood, Taylor, Thomas, Waterman.
Total 34
Nays: Baer, Benedict, Brooke, Christiaens, Doherty, Eck, Estrada, Franklin, Gage, Jergeson, Keating, Stang, Toews, Van Valkenburg, Wilson, Mr. President.
Total 16
Paired: Mesaros, Aye; Van Valkenburg, No.
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HB 556 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, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 49
Nays: None.
Total 0
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 558, as amended, concurred in as follows:
Yeas: Baer, Beck, Benedict, Bishop, Burnett, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Holden, Jabs, Jenkins, Keating, Mahlum, McNutt, Miller, Mohl, Sprague, Swysgood, Taylor, Thomas, Toews, Mr. President.
Total 29
Nays: Bartlett, Brooke, Christiaens, Cole, Crippen, Doherty, Eck, Franklin, Halligan, Harp, Hertel, Jergeson, Lynch, McCarthy, Mesaros, Nelson, Shea, Stang, Van Valkenburg, Waterman, Wilson.
Total 21
Paired: Foster, Aye; Mesaros, No.
Absent or not voting: None.
Total 0
Excused: None.
Total 0
HJR 7 adopted as follows:
Yeas: Beck, Bishop, Burnett, Christiaens, Cole, Crippen, Crismore, Devlin, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Miller, Nelson, Shea, Sprague, Stang, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 39
Nays: Baer, Bartlett, Benedict, Brooke, DePratu, Doherty, Eck, Mohl, Swysgood, Taylor.
Total 10
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
MOTIONS
HB 240 - Senator Sprague moved he be allowed to change his vote on HB 240, third reading, from nay to yea. Motion carried.
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 67-House Amendments - Senator Benedict moved House Amendments to SB 67 be concurred in. Motion carried unanimously.
SB 195-House Amendments - Senator Harp moved House Amendments to SB 195 be not concurred in. Motion carried unanimously.
SB 216-House Amendments - Senator Van Valkenburg moved House Amendments to SB 216 be concurred in. Motion carried unanimously.
SB 229-House Amendments - Senator Thomas moved House Amendments to SB 229 be concurred in. Motion carried unanimously.
SB 2-Governor's Amendments - Senator Holden moved Governor's Amendments to SB 2 be not concurred in. Motion carried as follows:
Yeas: Baer, Benedict, Bishop, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Mahlum, McNutt, Miller, Mohl, Sprague, Swysgood, Taylor, Thomas, Toews, Mr. President.
Total 31
Nays: Bartlett, Beck, Brooke, Christiaens, Doherty, Eck, Franklin, Glaser, Halligan, Jergeson, Lynch, McCarthy, Nelson, Shea, Stang, Van Valkenburg, Waterman, Wilson.
Total 18
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
SB 31-Governor's Amendments - Senator Jenkins moved Governor's Amendments to SB 31 be not concurred in. Motion carried as follows:
Yeas: Baer, Beck, Benedict, Bishop, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Mahlum, McCarthy, McNutt, Miller, Mohl, Shea, Sprague, Swysgood, Taylor, Thomas, Toews, Mr. President.
Total 34
Nays: Bartlett, Brooke, Christiaens, Doherty, Eck, Franklin, Glaser, Halligan, Jergeson, Lynch, Nelson, Stang, Van Valkenburg, Waterman, Wilson.
Total 15
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
SB 55-Governor's Amendments - Senator Benedict moved Governor's Amendments to SB 55 be not concurred in. Motion carried as follows:
Yeas: Baer, Beck, Benedict, Bishop, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McNutt, Miller, Mohl, Shea, Sprague, Swysgood, Taylor, Thomas, Toews, Wilson, Mr. President.
Total 35
Nays: Bartlett, Brooke, Christiaens, Doherty, Eck, Franklin, Glaser, Halligan, Jergeson, McCarthy, Nelson, Stang, Van Valkenburg, Waterman.
Total 14
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
SB 124-Governor's Amendments - Senator Christiaens moved Governor's Amendments to SB 124 be concurred in. Motion carried unanimously.
HB 231 - Senator Halligan moved HB 231 be concurred in. Motion carried unanimously.
HB 248 - Senator Lynch moved HB 248 be concurred in. Motion carried as follows:
Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, DePratu, Doherty, Eck, Foster, Franklin, Halligan, Harp, Jabs, Jergeson, Lynch, Mahlum, McCarthy, Mohl, Shea, Thomas, Van Valkenburg, Waterman, Wilson.
Total 28
Nays: Crismore, Devlin, Emerson, Estrada, Gage, Glaser, Grosfield, Hargrove, Hertel, Holden, Jenkins, Keating, McNutt, Miller, Nelson, Sprague, Stang, Swysgood, Taylor, Toews, Mr. President.
Total 21
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 252 - Senator Benedict moved HB 252, second reading copy, be amended as follows:
1. Title, line 7.
Following: "REQUIREMENTS;"
Insert: "REPEALING CONTRACTOR REGISTRATION REQUIREMENTS;"
2. Title, lines 9 through 15.
Following: "FEES;"
Strike: remainder of line 9 through "EMPLOYEES;" on line 15
3. Title, lines 17 and 18.
Following: "39-71-118,"
Strike: line 18 through "39-9-401,"
Insert: "39-71-118,"
4. Title, line 19.
Strike: "AND"
Following: "39-71-401,"
Insert: "AND 39-71-405,"
5. Title, line 20.
Following: "39-9-201,"
Insert: "39-9-101, 39-9-102, 39-9-201,"
6. Title, line 21.
Following: "39-9-301,"
Insert: "39-9-204, 39-9-205, 39-9-206, 39-9-207, 39-9-211,
39-9-301,"
Following: "39-9-401,"
Insert: "39-9-303, 39-9-304, 39-9-401,"
7. Page 1, line 25 through page 2, line 8.
Strike: page 1, line 25 through page 2, line 8 in its entirety
8. Page 5, line 30 through page 13, line 22.
Strike: section 1 through 10 in their entirety
Insert: "Section 1. Section 39-71-118, MCA, is amended to read:
"39-71-118. Employee, worker, volunteer, and volunteer firefighter defined. (1) The term "employee" or "worker" means:
(a) each person in this state, including a contractor other than an independent contractor, who is in the service of an employer, as defined by 39-71-117, under any appointment or contract of hire, expressed or implied, oral or written. The terms include aliens and minors, whether lawfully or unlawfully employed, and all of the elected and appointed paid public officers and officers and members of boards of directors of quasi-public or private corporations, except those officers identified in 39-71-401(2), while rendering actual service for the corporations for pay. Casual employees, as defined by 39-71-116, are included as employees if they are not otherwise covered by workers' compensation and if an employer has elected to be bound by the provisions of the compensation law for these casual employments, as provided in 39-71-401(2). Household or domestic employment is excluded.
(b) any juvenile performing work under authorization of a district court judge in a delinquency prevention or rehabilitation program;
(c) a person receiving on-the-job vocational rehabilitation training or other on-the-job training under a state
or federal vocational training program, whether or not under an appointment or contract of hire with an employer, as defined in this chapter, and whether or not receiving payment from a third party. However, this subsection does not apply to students enrolled in vocational training programs, as outlined in this subsection, while they are on the premises of a public school or community college.
(d) an aircrew member or other person employed as a volunteer under 67-2-105;
(e) a person, other than a juvenile as defined in subsection (1)(b), performing community service for a nonprofit organization or association or for a federal, state, or local government entity under a court order, or an order from a hearings officer as a result of a probation or parole violation, whether or not under appointment or contract of hire with an employer, as defined in this chapter, and whether or not receiving payment from a third party. For a person covered by the definition in this subsection (e):
(i) compensation benefits must be limited to medical expenses pursuant to 39-71-704 and an impairment award pursuant to 39-71-703 that is based upon the minimum wage established under Title 39, chapter 3, part 4, for a full-time employee at the time of the injury; and
(ii) premiums must be paid by the employer, as defined in 39-71-117(3), and must be based upon the minimum wage established under Title 39, chapter 3, part 4, for the number of hours of community service required under the order from the court or hearings officer.
(f) an inmate working in a federally certified prison industries program authorized under 53-1-301; and
(g) a person who is an enrolled member of a volunteer fire department as described in 7-33-4109 or a person who provides ambulance services under Title 7, chapter 34, part 1.
(2) The terms defined in subsection (1) do not include a person who is:
(a) participating in recreational activity and who at the time is relieved of and is not performing prescribed duties, regardless of whether the person is using, by discount or otherwise, a pass, ticket, permit, device, or other emolument of employment;
(b) performing voluntary service at a recreational facility and who receives no compensation for those services other than meals, lodging, or the use of the recreational facilities; or
(c) performing services as a volunteer, except for a person who is otherwise entitled to coverage under the laws of this state. As used in this subsection (2)(c), "volunteer" means a person who performs services on behalf of an employer, as defined in 39-71-117, but who does not receive wages as defined in 39-71-123.
(3) With the approval of the insurer, an employer may elect to include as an employee under the provisions of this chapter any volunteer as defined in subsection (2)(c).
(4) (a) The term "volunteer firefighter" means a firefighter who is an enrolled and active member of a fire company organized and funded by a county, a rural fire district, or a fire service area.
(b) The term "volunteer hours" means all the time spent by a volunteer firefighter in the service of an employer, including but not limited to training time, response time, and time spent at the employer's premises.
(5) (a) If the employer is a partnership, sole proprietor, or a member-managed limited liability company, the employer may elect to include as an employee within the provisions of this chapter any member of the partnership, the owner of the sole proprietorship, or any member of the limited liability company devoting full time to the partnership, proprietorship, or limited liability company business.
(b) In the event of an election, the employer shall serve upon the employer's insurer written notice naming the partners, sole proprietor, or members to be covered and stating the level of compensation coverage desired by electing the amount of wages to be reported, subject to the limitations in subsection (5)(d). A partner, sole proprietor, or member is not considered an employee within this chapter until notice has been given.
(c) A change in elected wages must be in writing and is effective at the start of the next quarter following notification.
(d) All weekly compensation benefits must be based on the amount of elected wages, subject to the minimum and maximum limitations of this subsection. For premium ratemaking and for the determination of weekly wage for weekly compensation benefits, the electing employer may elect not less than $900 a month and not more than 1 1/2 times the average weekly wage, as defined in this chapter.
(6) (a) If the employer is a quasi-public or a private corporation or a manager-managed limited liability company, the employer may elect to include as an employee within the provisions of this chapter any corporate officer or manager exempted under 39-71-401(2).
(b) In the event of an election, the employer shall serve upon the employer's insurer written notice naming the corporate officer or manager to be covered and stating the level of compensation coverage desired by electing the amount of wages to be reported, subject to the limitations in subsection (5)(d). A corporate officer or manager is not considered an employee within this chapter until notice has been given.
(c) A change in elected wages must be in writing and is effective at the start of the next quarter following notification.
(d) All weekly compensation benefits must be based on the amount of elected wages, subject to the minimum and maximum limitations of this subsection. For premium ratemaking and for the determination of the weekly wage for weekly compensation benefits, the electing employer may elect not less than $200 a week and not more than 1 1/2 times the average weekly wage, as defined in this chapter.
(7) (a) The trustees of a rural fire district, a county governing body providing rural fire protection, or the county commissioners or trustees for a fire service area may elect to include as an employee within the provisions of this chapter any volunteer firefighter. A volunteer firefighter who receives workers' compensation coverage under this section may not receive disability benefits under Title 19, chapter 17.
(b) In the event of an election, the employer shall report payroll for all volunteer firefighters for premium and weekly benefit purposes based on the number of volunteer hours of each firefighter times the average weekly wage divided by 40 hours, subject to a maximum of 1 1/2 times the average weekly wage.
(8) Except as provided in chapter 8 of this title, an employee or worker in this state whose services are furnished by a person, association, contractor, firm, limited liability company, or corporation, other than a temporary service contractor, to an employer, as defined in 39-71-117, is presumed to be under the control and employment of the employer. This presumption may be rebutted as provided in 39-71-117(3).
(9) For purposes of this section, an "employee or worker in this state" means:
(a) a resident of Montana who is employed by an employer and whose employment duties are primarily carried out or controlled within this state;
(b) a nonresident of Montana whose principal employment duties are conducted within this state on a regular basis for an employer;
(c) a nonresident employee of an employer from another state engaged in the construction industry, as defined in 39-71-116, within this state; or
(d) a nonresident of Montana who does not meet the requirements of subsection (9)(b) and whose employer elects coverage with an insurer that allows an election for an employer whose:
(i) nonresident employees are hired in Montana;
(ii) nonresident employees' wages are paid in Montana;
(iii) nonresident employees are supervised in Montana; and
(iv) business records are maintained in Montana.
(10) An insurer may require coverage for all nonresident employees of a Montana employer who do not meet the requirements of subsection (9)(b) or (9)(d) as a condition of approving the election under subsection (9)(d).""
Renumber: subsequent sections
9. Page 19.
Following: line 12.
Insert: "Section 4. Section 39-71-405, MCA, is amended to read:
"39-71-405. Liability of employer who contracts work out. (1) An employer who contracts with a contractor or an independent contractor to have work performed of a kind which that is a regular or a recurrent part of the work of the trade, business, occupation, or profession of such the employer is not liable for the payment of benefits under this chapter to the employees of the contractor or to the independent contractor if the contractor or independent contractor has not properly complied with the coverage requirements of the Worker's Compensation Act. Any insurer who becomes liable for payment of benefits may recover the amount of benefits paid and to be paid and necessary expenses from the contractor primarily liable therein.
(2) Where When an employer contracts to have any work to be done by a contractor other than or an independent contractor, and the work so contracted to be done is a part or process in the trade or business of the employer, then the employer is not liable to pay all benefits under this chapter to the same extent as if the work were done without the intervention of the contractor, and the work so contracted to be done shall not be construed to be casual employment even if the work contracted to be done is a part or process in the trade, business, occupation, or profession of the employer. Where an employer contracts work to be done as specified in this subsection, the contractor and the contractor's employees shall come under that plan of compensation adopted by the employer.
(3) Where When an employer contracts any work to be done, wholly or in part for the employer, by an independent contractor, where and the work so contracted to be done is casual employment as to such the employer, then the contractor shall become the is not an employee of the employer for the purposes of this chapter.""
Renumber: subsequent sections
10. Page 19, line 20.
Following: "39-9-201,"
Insert: "39-9-101, 39-9-102, 39-9-103, 39-9-201,"
11. Page 19, line 21.
Following: "39-9-301,"
Insert: "39-9-204, 39-9-205, 39-9-206, 39-9-207, 39-9-211, 39-9-301,"
Following: "39-9-401,"
Insert: "39-9-303, 39-9-304, 39-9-401,"
Amendment failed as follows:
Yeas: Baer, Beck, Benedict, Bishop, Burnett, Devlin, Emerson, Estrada, Glaser, Hargrove, Jenkins, McNutt, Miller, Nelson, Sprague, Swysgood, Taylor, Toews.
Total 18
Nays: Bartlett, Brooke, Christiaens, Cole, Crippen, Crismore, DePratu, Doherty, Eck, Foster, Franklin, Gage, Grosfield, Halligan, Harp, Hertel, Holden, Jabs, Jergeson, Keating, Lynch, Mahlum, McCarthy, Mohl, Shea, Stang, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 31
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
Senator Miller moved HB 252, second reading copy, be amended as follows:
1. Title, lines 6 and 7.
Following: the second "ACT"
Strike: "GENERALLY"
Following: "THE"
Strike: remainder of line 6 through "CONTRACTORS" on line 7
Insert: "THE DEFINITION OF "INDEPENDENT CONTRACTOR""
Following: "REQUIREMENTS;" on line 7
Insert: "REPEALING CONTRACTOR REGISTRATION REQUIREMENTS;"
2. Title, lines 9 through 15.
Following: "FEES;"
Strike: remainder of line 9 through "EMPLOYEES;" on line 15
3. Title, line 18
Strike: line 18 in its entirety
4. Title, line 19.
Following: "39-71-120"
Strike: ","
5. Title, lines 20 and 21.
Following: "39-9-201," on line 20
Insert: "39-9-101, 39-9-102, 39-9-103, 39-9-201,"
Following: "39-9-301," on line 21
Insert: "39-9-204, 39-9-205, 39-9-206, 39-9-207, 39-9-211, 39-9-301,"
Following: "39-9-302," on line 21
Insert: "39-9-303, 39-9-304, 39-9-401,"
6. Page 1, line 25 through page 2, line 8.
Strike: page 1, line 25 through page 2, line 8 in their entirety
7. Page 5, line 30 through page 13, line 22.
Strike: sections 1 through 10 in their entirety
Renumber: subsequent sections
8. Page 19, lines 14 through 17.
Strike: section 13 in its entirety
Renumber: subsequent sections
9. Page 19, line 20.
Following: "39-9-201,"
Insert: "39-9-101, 39-9-102, 39-9-201,"
10. Page 19, line 21.
Following: "39-9-301,"
Insert: "39-9-204, 39-9-205, 39-9-206, 39-9-207, 39-9-211, 39-9-301,"
Following: "39-9-401,"
Insert: "39-9-303, 39-9-304, 39-9-401,"
Amendment failed as follows:
Yeas: Baer, Beck, Benedict, Bishop, DePratu, Devlin, Emerson, Estrada, Gage, Glaser, Hargrove, Jenkins, McNutt,
Miller, Nelson, Sprague, Stang, Swysgood, Taylor, Toews.
Total 20
Nays: Bartlett, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, Doherty, Eck, Foster, Franklin, Grosfield, Halligan, Harp, Hertel, Holden, Jabs, Jergeson, Keating, Lynch, Mahlum, McCarthy, Mohl, Shea, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 29
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
Senator Holden moved HB 252 be concurred in. Motion carried as follows:
Yeas: Baer, Beck, Benedict, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.
Total 45
Nays: Bartlett, Bishop, Glaser, Miller.
Total 4
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
HB 386 - Senator Burnett moved HB 386 be concurred in. Motion failed as follows:
Yeas: Baer, Bartlett, Benedict, Bishop, Burnett, Crippen, Crismore, DePratu, Eck, Emerson, Estrada, Franklin, Hargrove, Harp, Jenkins, Keating, Miller, Mohl, Stang, Thomas, Mr. President.
Total 21
Nays: Beck, Brooke, Christiaens, Cole, Devlin, Doherty, Foster, Gage, Glaser, Grosfield, Halligan, Hertel, Holden, Jabs, Jergeson, Lynch, Mahlum, McCarthy, McNutt, Nelson, Shea, Sprague, Swysgood, Taylor, Toews, Van Valkenburg, Waterman, Wilson.
Total 28
Absent or not voting: None.
Total 0
Excused: Mesaros.
Total 1
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 Leader Harp moved that the Senate adjourn until 1:00 p.m., Tuesday, April 8, 1997. Motion carried.
Senate adjourned at 3:04 p.m.
ROSANA SKELTON GARY AKLESTAD
Secretary of Senate President of the Senate