Helena, Montana Senate Chambers

April 14, 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. Quorum present.

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

Miller, Chairman

BILLS AND JOURNAL (Miller, Chairman): 04/14/97

STATE ADMINISTRATION (Hargrove, Chairman): 04/11/97

HB 142, be amended as follows:

Insert: ", except that an eligible person hired on or after January 1, 1998, who is eligible for membership in the public employees' retirement system but who is not, on the date hired, an active, inactive, or retired member of the public employees' retirement system shall become a member of the optional retirement program"

"(6) (a) In 2002, the public employees' retirement board shall conduct an actuarial study on the sufficiency of the contributions under subsection (5)(c) to the public employees' retirement system, based on the actual experience of university system employees who are members of the public employees' retirement system, to amortize the past service liability of the university system members by July 1, 2027.

(b) The public employees' retirement board shall present its findings and recommendations to the 58th legislature.

(c) If the legislature fails to set a new contribution rate to the public employees' retirement system for the past service liability, the public employees' retirement board, pursuant to 19-2-405, shall set the rate based on the actual experience of university system employees who are members of the public employees' retirement system to amortize the liability by July 1, 2027.

NEW SECTION. Section 7.  Coordination instructions. (1) If House Bill No. 174 is passed and approved and if it amends 19-8-301 to provide that campus security officers must become members of the game wardens' and state peace officers' retirement system or amends 19-8-302 to allow current campus security officers in the public employees' retirement system the option of either remaining in the public employees' retirement system or of joining the game wardens' and state peace officers' retirement system, then [section 4(1)(b) of this act], amending 19-21-201, must read:

"(b) employees of the Montana university system who are members of the public employees' retirement system, except for campus security officers, may elect to participate in the optional retirement program. This election must be exercised:

(i)  before January 1, 1998, for an eligible person hired before July 1, 1997;

(iii) within 30 days after receiving written notice of eligibility or before January 1, 1998, whichever is later, for an employee who becomes eligible to participate in the optional retirement program by reason of appointment, promotion, transfer, or reclassification to an eligible position."

(2) If House Bill No. 121 is passed and approved and if it amends 19-21-203 and contains a section requiring supplemental contributions to the teachers' retirement system by employers within the university system, then [section 6 of this act], amending 19-21-203, must read:

"Section 6.  Section 19-21-203, MCA, is amended to read:

"19-21-203.   Contributions. (1) (a) Each optional retirement program participant shall contribute an amount equal to the member's contribution required under 19-20-602 or, in the case of participants eligible for membership in the public employees' retirement system, the contribution required under 19-3-315.

(b) The board of regents shall contribute an amount that, when added to the participant's contribution, is equal to 12% of the participant's earned compensation.

(2)  (a) On or after July 1, 1997, the The board of regents may:

(i)  reduce the participant's contribution rate established in subsection (1) to an amount not less than 6% of the participant's earned compensation; and

(ii) increase the employer's contribution rate to an amount not greater than 6% of the participant's earned compensation.

(b)  The sum of the participant's and employer's contributions made under subsection (2)(a) must remain at 12% of the participant's earned compensation.

(3)  The board of regents shall determine whether the participant's contribution is to be made by salary reduction under section 403(b) of the Internal Revenue Code of 1954 or by employer pick-up under section 414(h)(2) of that code.

(4)  The disbursing officer of the employer or other official designated by the board of regents shall pay both the participant's contribution and the appropriate portion of the regents' contribution to the designated company or companies for the benefit of the participant.

(5)  (a) The board of regents shall contribute the amounts specified in subsection (5)(b) make the supplemental contributions to the teachers' retirement system as provided in [section 1 of House Bill No. 121] to discharge the obligation incurred by the employees of the Montana university system who elect or who are required to become members of the optional retirement plan. The contributions paid by the board are for the past service liability incurred by active, inactive, and retired members of the teachers' retirement system and must be consistent with the requirements of 19-21-111.

(b) Beginning July 1, 1993, through June 30, 1997, the contributions to be made by the board of regents must equal 2.503% of earned compensation attributable to optional retirement participants.

(ii) Beginning July 1, 1997, the contribution rate must be adjusted, pursuant to 19-20-201, based on the actual experience of the members of the Montana university system who are members of the teachers' retirement system, and must be set at a rate sufficient to amortize the past service liability of the university system members by July 1, 2033. Beginning January 1, 1998, through June 30, 2003, the board of regents shall make supplemental contributions to the public employees' retirement system equal to 3.1% of earned compensation attributable to optional retirement program participants eligible pursuant to 19-21-201(1)(b).""

"NEW SECTION. Section 9.  Termination.  (1) Except as provided in subsection (2), [this act] terminates June 30, 2003.

(2) [Section 6(6)(c)] terminates June 30, 2027."

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

CONFERENCE COMMITTEE

on House Bill 27

Report No. 1, April 11, 1997

Mr. Speaker and Mr. President:

We, your Conference Committee on House Bill 27, met and considered House Bill 27 (reference copy - salmon) and recommend that House Bill 27 be amended as follows:

1. Page 3, line 21.

Following: "making"

Insert: "or interfere with a provider making"

And this Conference Committee report be adopted.

For the House: For the Senate:

Bergman, Chairman Benedict, Chairman

Soft Estrada

Sands Christiaens

Senator Foster introduced the Senate pages for the week of April 14-19, 1997.

April 11, 1997

The Honorable Gary Aklestad

President of the Senate

State Capitol

Helena MT 59620

The Honorable John Mercer

Speaker of the House

State Capitol

Helena MT 59620

Dear President Aklestad and Speaker Mercer:

In accordance with the power vested in me as Governor by the Constitution and laws of the State of Montana, I hereby return with amendments Senate Bill 51, "AN ACT COORDINATING COST-OF-LIVING ADJUSTMENTS FOR PROBATION OFFICERS WITH OTHER COUNTY OFFICIALS; AMENDING SECTIONS 41-5-704 AND 41-5-705, MCA; AND PROVIDING AN EFFECTIVE DATE."

Senate Bill 51 makes cost-of-living adjustments to the salaries of probation officers in order to bring them into line with the salaries of other county officials. The bill was intended to raise the existing statutory salary range by $7,000. However, although the minimum salary was raised, the maximum was not. Moreover, the maximum salary was inadvertently taken out of the statute altogether.

I am returning Senate Bill 51 with proposed amendments to re-insert a statutory ceiling to the salary range, adjusted for inflation. The amendments will raise both the minimum and maximum salary by $7,000, as was intended by the bill's proponents.

Senator Hertel, the sponsor of Senate Bill 51, is supportive of these amendments.

Sincerely,

MARC RACICOT

Governor

GOVERNOR'S AMENDMENT TO

Senate Bill No. 51

(Reference Copy)

April , 1997

1. Page 1, line 13

Following: "year"

Insert: "and may not be higher than $29,000 a year"

April 11, 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 29 sponsored by Senator Swysgood, Senate Bill 167 sponsored by Senator Brooke, Senate Bill 180 sponsored by Senator Doherty, Senate Bill 182 sponsored by Senator Hertel, Senate Bill 188 sponsored by Senator Mohl, Senate Bill 239 sponsored by Senator Beck, Senate Bill 244 sponsored by Senator Toews, Senate Bill 257 sponsored by Senator DePratu, Senate Bill 265 sponsored by Senator Thomas, Senate Bill 277 sponsored by Senator Bartlett, Senate Bill 311 sponsored by Senator McCarthy, Senate Bill 313 sponsored by Senator Brooke, Senate Bill 326 sponsored by Senator Devlin, Senate Bill 341 sponsored by Senator Stang, and Senate Bill 361 sponsored by Senator Benedict on April 11, 1997.

Sincerely,

MARC RACICOT

Governor

Senate bill concurred in and returned to the Senate: 4/12/97

SB 394, introduced by Jabs

Senate bill concurred in as amended and returned to the Senate for concurrence in House amendments: 4/12/97

SB 280, introduced by Van Valkenburg

Senate amendments to House bills concurred in: 4/12/97

HB 430, introduced by Simon

HB 431, introduced by Quilici

HB 444, introduced by Wells

HB 447, introduced by Stovall

HB 468, introduced by Gillan

HB 479, introduced by Tuss

HB 491, introduced by Rehbein

HB 502, introduced by Soft

HB 521, introduced by Ryan

HB 149, introduced by R. Johnson

HB 284, introduced by Ohs

Governor's amendments concurred in and returned to the Senate: 4/12/97

SB 124, introduced by Christiaens

HB 83 - The House failed to concur in Senate amendments to HB 83, authorized the Speaker to appoint a Free Conference Committee, and requested the Senate to appoint a like committee to confer on HB 83. The Speaker appointed the following members:

Representative Bergsagel, Chairman

Representative Vick

Representative McCann

HB 122 - The House dissolved the Conference Committee on HB 122, authorized the Speaker to appoint a Free Conference Committee, and requested the Senate to appoint a like committee to confer on HB 122. The Speaker appointed the following members:

Representative Smith, Chairman

Representative Ahner

Representative McCulloch

HB 346 - The House dissolved the Conference Committee on HB 346, authorized the Speaker to appoint a Free Conference Committee, and requested the Senate to appoint a like committee to confer on HB 346. The Speaker appointed the following members:

Representative Masolo, Chairman

Representative Tropila

Representative Boharski

HB 369 - The House failed to concur in Senate amendments to HB 369, authorized the Speaker to appoint a Free Conference Committee, and requested the Senate to appoint a like committee to confer on HB 369. The Speaker appointed the following members:

Representative Brainard, Chairman

Representative Denny

Representative McCulloch

HB 389 - The House dissolved the Conference Committee on HB 389, authorized the Speaker to appoint a Free Conference Committee, and requested the Senate to appoint a like committee to confer on HB 389. The Speaker appointed the following members:

Representative Simon, Chairman

Representative Brainard

Representative Galvin

HB 547 - The House failed to concur in Senate amendments to HB 547, authorized the Speaker to appoint a Free Conference Committee, and requested the Senate to appoint a like committee to confer on HB 547. The Speaker appointed the following members:

Representative Rehbein, Chairman

Representative Anderson

Representative Carey

HB 345 - The House failed to concur in Senate amendments to HB 345, authorized the Speaker to appoint a Conference Committee, and requested the Senate to appoint a like committee to confer on Senate amendments to HB 345. The Speaker appointed the following members:

Representative Masolo, Chairman

Representative Devaney

Representative Ellingson

SB 381 - The House acceded to the request of the Senate and authorized the Speaker to appoint the following Conference Committee to meet with a like committee from the Senate on House Amendments to SB 381.

Representative Grimes, Chairman

Representative Boharski

Representative Krenzler

HB 345 - Senator Harp moved the Senate accede to the request of the House to appoint a Conference Committee to meet with a like committee from the House to confer on Senate amendments to HB 345. Motion carried unanimously.

President Aklestad appointed the following members:

Senator Keating, Chairman

Senator Wilson

Senator Thomas

HB 346 - Senator Harp moved the Senate dissolve the Conference Committee on HB 346 and the President be authorized to appoint a Free Conference Committee to meet with a like committee from the House to confer on HB 346. Motion carried unanimously.

The President appointed the following members:

Senator Holden, Chairman

Senator Estrada

Senator Doherty

HB 389 - Senator Harp moved the Senate dissolve the Conference Committee on HB 389 and the President be authorized to appoint a Free Conference Committee to meet with a like committee from the House to confer on HB 389. Motion carried unanimously.

The President appointed the following members:

Senator Gage, Chairman

Senator Grosfield

Senator Wilson

HB 547 - Senator Harp moved the Senate accede to the request of the House to appoint a Free Conference Committee to meet with a like committee from the House to confer on HB 547. Motion carried unanimously.

President Aklestad appointed the following members:

Senator Grosfield, Chairman

Senator Mesaros

Senator Nelson

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

HB 5, as amended, concurred in as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, 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.

Total 46

Nays: Bishop, Gage, Jenkins, Mr. President.

Total 4

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 14, as amended, concurred in as follows:

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

Total 40

Nays: Baer, Benedict, Bishop, Emerson, Gage, Glaser, Jenkins, Miller, Toews, Mr. President.

Total 10

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 551 concurred in 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, 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: Bishop.

Total 1

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 607, 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

SECOND READING OF BILLS

Majority Leader Harp moved that the Senate resolve itself into the Committee of the Whole for consideration of business on second reading. Motion carried. Senator Devlin in the Chair.

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

HB 166 - Senator Grosfield moved HB 166, second reading copy, be amended as follows;

1. Title, line 17.

Amendment adopted unanimously.

Senator Grosfield moved HB 166, as amended, be concurred in. Motion carried unanimously.

HB 17 - Senator Toews moved HB 17, second reading copy, be amended as follows:

FOR FISCAL YEAR 1999 TO THE DEPARTMENT OF MILITARY AFFAIRS TO AWARD SCHOLARSHIPS"

"NEW SECTION. Section 1.  Montana national guard scholarship program -- rulemaking. (1) There is a Montana national guard scholarship program from which the department may award up to 450 national guard scholarships or enhanced scholarships for fiscal year 1998 and up to 900 national guard scholarships or enhanced scholarships for fiscal year 1999 to qualified Montana national guard members.

(2) A national guard scholarship:

(a) may not exceed:

(i) $400 a semester or $800 a year; and

(ii) a total of $3,200 over a career, with no limit as to the number of years;

(b) is available only during fall and spring semesters unless approved by an army or air education officer;

(c) must be based on a 6-year enlistment in or a qualifying reenlistment commitment to the Montana national guard; and

(d) is exclusive of the Montgomery GI Bill Act of 1984 (10 U.S.C. 16131 through 16135), enlistment bonuses, or any other federal incentive or entitlement.

(3) An enhanced scholarship is a scholarship that is awarded in addition to a national guard scholarship and that:

(a) may not exceed:

(i) $200 a semester or $400 a year; and

(ii) a total of $1,600 over a career, with no limit as to the number of years; and

(b) is available only to members of identified priority units.

(4) Pursuant to Title 2, chapter 4, the adjutant general shall adopt rules necessary to implement and administer the provisions of this section, including rules that:

(a) outline the selection and qualification criteria for scholarship applicants;

(b) define the terms used in the scholarship program; and

(c) establish procedures and forms to be used by scholarship applicants.

NEW SECTION. Section 2.  Appropriation. The following money is appropriated from the general fund to the department of military affairs to award scholarships pursuant to the Montana national guard scholarship program created in [section 1]:

Fiscal year 1998 $380,000

Fiscal year 1999 760,000

NEW SECTION. Section 3.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 10, chapter 1, part 1, and the provisions of Title 10, chapter 1, part 1, apply to [section 1].

NEW SECTION. Section 4. Effective dates. (1) Except as provided in subsection (2), [this act] is effective July 1, 1997.

(2) [Section 1(4) and this section] are effective on passage and approval."

Amendment failed as follows:

Yeas: Bartlett, Brooke, Christiaens, Crismore, Doherty, Eck, Foster, Franklin, Glaser, Halligan, Hertel, Jergeson, McNutt, Mesaros, Miller, Nelson, Stang, Toews, Van Valkenburg, Waterman.

Total 20

Nays: Baer, Beck, Benedict, Bishop, Burnett, Cole, Crippen, DePratu, Devlin, Emerson, Estrada, Gage, Grosfield, Hargrove, Harp, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McCarthy, Mohl, Shea, Sprague, Swysgood, Taylor, Thomas, Wilson, Mr. President.

Total 30

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Toews moved HB 17, second reading copy, be amended as follows:

1. Page 4, line 8.

Following: "tuition"

Insert: ", when space is available in the specific class requested,"

2. Page 4, line 9.

Following: "."

Insert: "Credits earned by students awarded tuition waivers under this section must be counted toward the maximum subsidized credits allowed each resident student under the regents' policy. Credit hours for which tuition is waived under this section may not be counted toward meeting the student's commitment to qualify for a 4-year graduation guarantee."

Explanation: This amendment limits tuition waivers for national guard members to waivers for those classes requested in which space is available. The university system may administratively determine when space will be considered available. In addition, these credits must be considered part of the state-subsidized limit for each resident, and they may not be used to qualify a student for guaranteed graduation in four years.

Amendment adopted as follows:

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

Total 38

Nays: Baer, Beck, Benedict, Devlin, Doherty, Eck, Franklin, Jenkins, Keating, Lynch, Shea, Wilson.

Total 12

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Brooke moved HB 17, second reading copy, be further amended as follows:

1. Page 4, line 9.

Following: "."

Insert: "To be qualified to receive a tuition waiver under this section, applicants shall demonstrate that they have sought other grant and loan assistance for which they may be eligible."

Amendment failed as follows:

Yeas: Bartlett, Brooke, DePratu, Eck, Halligan, Holden, Jergeson, Miller, Nelson, Stang, Toews, Van Valkenburg, Waterman, Mr. President.

Total 14

Nays: Baer, Beck, Benedict, Bishop, Burnett, Christiaens, Cole, Crippen, Crismore, Devlin, Doherty, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Jabs, Jenkins, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Shea, Sprague, Swysgood, Taylor, Thomas, Wilson.

Total 36

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Hargrove moved HB 17, as amended, be concurred in. Motion carried as follows:

Yeas: Baer, Beck, Benedict, Bishop, Burnett, Christiaens, Cole, Crippen, Crismore, Devlin, Doherty, Eck, Emerson, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, McNutt, Mesaros, Shea, Sprague, Taylor, Thomas, Wilson.

Total 34

Nays: Bartlett, Brooke, DePratu, Estrada, Jergeson, Mahlum, McCarthy, Miller, Mohl, Nelson, Stang, Swysgood, Toews, Van Valkenburg, Waterman, Mr. President.

Total 16

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 169 - Senator Van Valkenburg moved HB 169, second reading copy, be amended as follows:

1. Page 38, line 19.

Strike: "14"

Insert: "15"

2. Page 39, line 2.

Strike: "14"

Insert: "15"

3. Page 38, line 23.

Strike: "27"

Insert: "28"

4. Page 38, line 24.

Strike: "27"

Insert: "28"

Amendment adopted unanimously.

Senator Grosfield moved HB 169, second reading copy, be further amended as follows:

1. Title, line 13.

Following: "15-36-325,"

Insert: "15-65-121,"

2. Page 10, following line 3.

Insert: "Section 6. Section 15-65-121, MCA, is amended to read:

"15-65-121.   Distribution of tax proceeds -- general fund loan authority. (1) The proceeds of the tax imposed by 15-65-111 must, in accordance with the provisions of 15-1-501, be deposited in an account in the state special revenue fund to the credit of the department of revenue. The department may spend from that account in accordance with an expenditure appropriation by the legislature based on an estimate of the costs of collecting and disbursing the proceeds of the tax. Before allocating the balance of the tax proceeds in accordance with the provisions of 15-1-501 and as provided in subsections (1)(a) through (1)(e) of this section, the department shall determine the expenditures by state agencies for in-state lodging for each reporting period and deduct 4% of that amount from the tax proceeds received each reporting period. The amount deducted must be deposited in the general fund. The balance of the tax proceeds received each reporting period and not deducted pursuant to the expenditure appropriation or deposited in the general fund is statutorily appropriated, as provided in 17-7-502, and must be transferred to an account in the state special revenue fund to the credit of the department of commerce for tourism promotion and promotion of the state as a location for the production of motion pictures and television commercials, to the Montana historical society, to the university system, and to the department of fish, wildlife, and parks, as follows:

(a)  1% to the Montana historical society to be used for the installation or maintenance of roadside historical signs and historic sites;

(b)  2.5% to the university system for the establishment and maintenance of a Montana travel research program;

(c)  6.5% to the department of fish, wildlife, and parks for the maintenance of facilities in state parks that have both resident and nonresident use;

(d)  67.5% to be used directly by the department of commerce; and

(e)  (i) except as provided in subsection (1)(e)(ii), 22.5% to be distributed by the department to regional nonprofit tourism corporations in the ratio of the proceeds collected in each tourism region to the total proceeds collected statewide; and

(ii) if 22.5% of the proceeds collected annually within the limits of a city or consolidated city-county exceeds $35,000, 50% of the amount available for distribution to the regional nonprofit tourism corporation in the region where the city or consolidated city-county is located, to be distributed to the nonprofit convention and visitors bureau in that city or consolidated city-county.

(2)  If a city or consolidated city-county qualifies under this section for funds but fails to either recognize a nonprofit convention and visitors bureau or submit and gain approval for an annual marketing plan as required in 15-65-122, then those funds must be allocated to the regional nonprofit tourism corporation in the region in which the city or consolidated city-county is located.

(3)  If a regional nonprofit tourism corporation fails to submit and gain approval for an annual marketing plan as required in 15-65-122, then those funds otherwise allocated to the regional nonprofit tourism corporation may be used by the department of commerce for tourism promotion and promotion of the state as a location for the production of motion pictures and television commercials.""

Renumber: subsequent sections

3. Page 20.

Following: line 29

Insert: "Section 17.  Section 17-7-502, MCA, is amended to read:

"17-7-502.   Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.

(2)  Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:

(a)  The law containing the statutory authority must be listed in subsection (3).

(b)  The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.

(3)  The following laws are the only laws containing statutory appropriations: 2-9-202; 2-17-105; 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-111; 15-23-706; 15-30-195; 15-31-702; 15-37-117; 15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-410; 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-5-404; 17-5-424; 17-5-804; 17-6-101; 17-6-201; 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606; 19-19-205; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20-9-361; 20-26-1503; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623; 50-5-232; 50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 76-12-123; 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-136; 82-11-161; 85-1-220; 85-20-402; 90-3-301; 90-4-215; 90-6-331; 90-7-220; 90-7-221; and 90-9-306.

(4)  There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; and pursuant to sec. 7(2), Ch. 29, L. 1995, the inclusion of 15-30-195 terminates July 1, 2001.)""

Renumber: subsequent sections

4. Page 38, line 19.

Strike: "14"

Insert: "16"

5. Page 38, line 23.

Strike: "27"

Insert: "30"

6. Page 38, line 24.

Strike: "27"

Insert: "28"

7. Page 39, line 2.

Strike: "14"

Insert: "16"

8. Page 39, line 10.

Strike: "SUBSECTION"

Insert: "subsections"

Following: "(2)"

Insert: "and (3)"

9. Page 39, line 11.

Strike: "40(2)"

Insert: "42(2)"

10. Page 39.

Following: line 11

Insert: "(3) [Sections 6 and 17] are effective July 1, 1999."

Amendment adopted as follows:

Yeas: Bartlett, Brooke, Burnett, Christiaens, Crippen, Crismore, Doherty, Eck, Gage, Grosfield, Halligan, Hertel, Jergeson, Lynch, McCarthy, McNutt, Nelson, Shea, Stang, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 26

Nays: Baer, Beck, Benedict, Bishop, Cole, DePratu, Devlin, Emerson, Estrada, Foster, Franklin, Glaser, Hargrove, Harp, Holden, Jabs, Jenkins, Keating, Mahlum, Mesaros, Miller, Mohl, Sprague, Swysgood.

Total 24

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Van Valkenburg moved HB 169, as amended, be concurred in. Motion carried as follows:

Yeas: Bartlett, Benedict, Bishop, Brooke, Burnett, Christiaens, Crippen, Crismore, Doherty, Eck, Gage, Grosfield, Halligan, Hargrove, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, McCarthy, McNutt, Mesaros, Miller, Nelson, Shea, Stang, Taylor, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 33

Nays: Baer, Beck, Cole, DePratu, Devlin, Emerson, Estrada, Foster, Franklin, Glaser, Harp, Hertel, Mahlum, Mohl, Sprague, Swysgood, Thomas.

Total 17

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 578 - Senator Taylor moved HB 578 be concurred in. Motion carried unanimously.

Senator Harp excused at this time.

HB 580 - Senator Lynch moved HB 580 be concurred in. Motion failed as follows:

Yeas: Baer, Bishop, Christiaens, DePratu, Doherty, Eck, Emerson, Franklin, Glaser, Halligan, Hargrove, Jenkins, Jergeson, Lynch, Miller, Sprague, Stang, Taylor, Van Valkenburg, Wilson.

Total 20

Nays: Bartlett, Beck, Benedict, Brooke, Burnett, Cole, Crippen, Crismore, Devlin, Estrada, Foster, Gage, Grosfield, Hertel, Holden, Jabs, Keating, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Swysgood, Thomas, Toews, Waterman, Mr. President.

Total 29

Absent or not voting: None.

Total 0

Excused: Harp.

Total 1

Senator Harp present at this time.

HB 584 - Senator Grosfield moved HB 584 be concurred in. Motion carried unanimously.

HB 610 - Senator Franklin moved HB 610 be concurred in. Motion carried unanimously.

HB 615 - Senator Grosfield moved HB 615 be concurred in.

After discussion, Senator Swysgood made a substitute motion that consideration of HB 615 be placed at the bottom of the second reading board. Motion carried.

SB 332, House Amendments - Senator Miller moved House Amendments to SB 332, be concurred in. Motion carried unanimously.

HB 604 - Senator Gage moved HB 604 be concurred in. Motion carried unanimously.

Senator Harp moved the committee rise and report. Motion carried. Committee arose. Senate resumed. President Aklestad in the Chair. Chairman Devlin moved that the Committee of the Whole report be adopted.

Senator Harp made a substitute motion HB 169 be segregated from the Committee of the Whole report and the remainder of the report be adopted. Motion carried as follows:

Yeas: Baer, Beck, Benedict, Bishop, Burnett, Cole, Crippen, DePratu, Devlin, Emerson, Estrada, Foster, Glaser, Hargrove, Harp, Hertel, Holden, Jenkins, Mahlum, McNutt, Mesaros, Miller, Mohl, Sprague, Swysgood, Taylor, Thomas, Wilson.

Total 28

Nays: Bartlett, Brooke, Christiaens, Crismore, Doherty, Eck, Franklin, Gage, Grosfield, Halligan, Jabs, Jergeson, Keating, Lynch, McCarthy, Nelson, Shea, Stang, Toews, Van Valkenburg, Waterman, Mr. President.

Total 22

Absent or not voting: None.

Total 0

Excused: None.

Total 0

CONFERENCE COMMITTEE

on Senate Bill 296

Report No. 1, April 14, 1997

Mr. President and Mr. Speaker:

We, your Conference Committee on Senate Bill 296 met and considered House amendments to SB 296 and recommend that SB 296 (reference copy - salmon) be amended as follows:

1. Title, line 7 through line 9

Strike: "EXEMPTING" on line 7 through "ALLOWANCE;" on line 9

2. Title, line 9.

Strike: "19-20-302,"

Following: "AND"

Insert: "AND"

3. Title, line 10.

Strike: "AND 19-20-804,"

Strike: "AND A TERMINATION DATE"

4. Page 1, line 14 through page 3, line 4.

Strike: Section 1 in its entirety

Renumber: subsequent sections

5. Page 4, line 7 through line 22.

Strike: Section 5 in its entirety

Renumber: subsequent sections

6. Page 4, line 26.

Strike: Section 7 in its entirety

And that this Conference Committee report be adopted.

For the Senate: For the House:

Hargrove, Chairman Kasten, Chairman

Jergeson Mood

Thomas Hagener

CONFERENCE COMMITTEE

on House Bill 117

Report No. 1, April 14, 1997

Mr. Speaker and Mr. President:

We, your Conference Committee on House Bill HB 117, met and considered HB 117 (reference copy --salmon) and recommend that HB 117 be amended as follows:

1. Page 2, line 18.

Strike: "PURSUANT TO THE CREDIT CARD CONTRACT"

Insert: "for the billing cycle, less any past-due payments and accelerated payments required for the overlimit usage of the credit card"

2. Page 2, line 24.

Following: "BALANCE"

Insert: "as of the date the insured disability commences"

3. Page 2, line 25.

Following: "CYCLE"

Insert: "as a result of the insurer's delay in processing a claim payment"

And this Conference Committee report be adopted.

For the House: For the Senate:

Stovall, Chairman Hertel, Chairman

Pavlovich Crismore

Devaney McCarthy

HB 169 - Senator Harp moved the rules be suspended on the eightieth legislative day, April 15, 1997, to permit placement and consideration of HB 169 on second and third readings on the eightieth legislative day. Motion carried 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 83 - Senator Harp moved the Senate accede to the request of the House to appoint a Free Conference Committee to meet with a like committee from the House to confer on HB 83. Motion carried unanimously.

President Aklestad appointed the following members:

Senator Mohl, Chairman

Senator Beck

Senator Franklin

HB 122 - Senator Harp moved the Senate dissolve the Conference Committee on HB 122 and the President be authorized to appoint a Free Conference Committee to meet with a like committee from the House to confer on HB 122. Motion carried unanimously.

The President appointed the following members:

Senator Grosfield, Chairman

Senator McNutt

Senator Bartlett

HB 369 - Senator Harp moved the Senate accede to the request of the House to appoint a Free Conference Committee to meet with a like committee from the House to confer on HB 369. Motion carried unanimously.

President Aklestad appointed the following members:

Senator Sprague, Chairman

Senator Thomas

Senator Eck

Committee meetings were announced by committee chairmen.

Majority Leader Harp moved that the Senate adjourn until 1:00 p.m., Tuesday, April 15, 1997. Motion carried.

Senate adjourned at 3:04 p.m.

ROSANA SKELTON GARY AKLESTAD

Secretary of Senate President of the Senate