HOUSE JOURNAL

FIFTY-SEVENTH LEGISLATIVE DAY

Helena, Montana House Chambers

March 15, 1997 State Capitol

House convened at 8:00 a.m. Mr. Speaker in the Chair. Invocation by Representative Arnott. Pledge of Allegiance to the Flag.

Roll call. All members present except Representatives Clark, Ellis, Kitzenberg, McCann, Pease, Ryan, excused. Quorum present.

REPORTS OF STANDING COMMITTEES

BILLS (Hayne, Chairman): 3/15/97

Correctly printed for second reading: SB 277, SB 232, SB 287, SB 216, SB 44.

Correctly engrossed for third reading: SB 104, SB 160, SB 158, SB 142, SB 124, SB 108, SB 66, SB 31, SB 46.

Correctly enrolled: HB 314, HB 257, HB 330.

Examined by the sponsor and found to be correct: HB 7, HB 42, HB 64, HB 69, HB 205, HB 214, HB 225, HB 227, HB 257, HB 262, HB 310, HB 314, HB 330, HB 340, HB 367, HB 350, HB 385, HB 441, HJR 10.

Signed by the Speaker at 3:16 p.m., March 15, 1997: HB 69, HB 441, HB 340, HB 64, HB 367, HB 350, HB 227, HB 214, HB 262, HB 205, HB 225, HB 42, HB 385, HB 310, HB 7, HJR 10.

BUSINESS & LABOR (Simon, Chairman): 3/14/97

SB 34, be concurred in. Report adopted.

SB 67, be amended as follows:

1. Title, page 1, line 9.

Following: "FOR"

Insert: "ELIMINATING THE AUTHORITY OF THE STATE FUND TO ADMINISTER OR PAY CLAIMS FOR INJURIES FROM ACCIDENTS OCCURRING ON OR BEFORE JULY 1, 1990, EXCEPT PURSUANT TO A CONTRACT AUTHORIZED BY THE LEGISLATIVE FINANCE COMMITTEE;"

2. Title, page 1, line 22.

Following: "BENEFITS"

Insert: "INCREASING ACCESS TO REHABILITATION BENEFITS;"

3. Title, page 2, line 10.

Following: "39-71-1006,"

Insert: "39-71-1006,"

4. Page 2, lines 17 through 21.

Strike: lines 17 through 21 in their entirety

5. Page 3, line 5.

Following: "SHALL"

Insert: ", no later than June 30, 1998,"

6. Page 3, line 15.

Following: the first "FUND"

Insert: "by June 30, 1999,"

7. Page 8, line 18.

Following: "(2)"

Strike: ""ADMINISTER"

Insert: "For claims relating to injuries resulting from accidents occurring on or after July 1, 1990, "administer"

8. Page 19.

Following: line 13

Insert: "Section 14.  Section 39-71-1006, MCA, is amended to read:

"39-71-1006.   Rehabilitation benefits. (1) A disabled worker as defined in 39-71-1011 is eligible for rehabilitation benefits if:

(a)  the worker has an actual wage loss or a whole person impairment rating of 15% or greater as a result of the injury;

(b) a rehabilitation provider, as designated by the insurer, certifies that the injured worker has reasonable vocational goals and reasonable reemployment opportunity and. If eligible because of an impairment rating of 15% or more, with rehabilitation the worker will have a reasonable increase in the worker's wage compared to the wage that the worker received at the time of injury. If eligible because of a wage loss, the worker will have a reasonable reduction in the worker's actual wage loss with rehabilitation; and.

(c)  a rehabilitation plan agreed upon by the injured worker and the insurer is filed with the department. The plan must take into consideration the worker's age, education, training, work history, residual physical capacities, and vocational interests. The plan must specify a beginning and completion date. If the plan calls for the expenditure of funds under 39-71-1004, the department shall authorize the department of public health and human services to use the funds.

(2)  After filing the rehabilitation plan with the department, the disabled worker is entitled to receive biweekly compensation benefits at the injured worker's temporary total disability rate. The benefits must be paid for the period specified in the rehabilitation plan, not to exceed 104 weeks. The rehabilitation plan must be completed within 26 weeks of the completion date specified in the plan. Rehabilitation benefits must be paid biweekly while the worker is satisfactorily progressing in the agreed-upon rehabilitation plan. Benefits under this section are not subject to the lump-sum provisions of 39-71-741.

(3)  A worker may not receive temporary total benefits and the benefits under subsection (2) during the same period of time.

(4)  A rehabilitation provider authorized by the insurer shall continue to assist the injured worker until the rehabilitation plan is completed.

(5)  To be eligible for benefits under this section, a worker is required to begin the rehabilitation plan within 78 weeks of reaching maximum medical healing.

(6)  A worker may not receive both wages and rehabilitation benefits without the written consent of the insurer. A worker who receives both wages and rehabilitation benefits without written consent of the insurer is guilty of theft and may be prosecuted under 45-6-301."

Renumber: subsequent sections

9. Page 21, line 1.

Following: "functions"

Insert: "to administer and pay claims for injuries resulting from accidents occurring on or after July 1, 1990"

10. Page 22, line 7.

Following: line 6

Insert: "(11) enter into a contract authorized by the legislative finance committee, after consultation with the legislative auditor and the budget director, to administer and pay claims for injuries resulting from accidents that occurred on or before July 1, 1990;"

Renumber: subsequent subsection

11. Page 23, line 26.

Following: "fund"

Insert: "-- contract required for administration or payment of claims for accidents occurring on or before July 1, 1990"

12. Page 24.

Following: line 7

Insert: "(3) The state fund may not administer or pay claims for injuries resulting from accidents that occurred on or before July 1, 1990, unless authorized pursuant to a contract entered into under 39-71-2316."

13. Page 26, lines 28 through 30.

Following: "occurred" on line 28

Strike: "before July 1, 1990, and"

Following: "1990"

Strike: "-- spending limit"

Following: "(1)"

Strike: remainder of line 28 through "1990." on line 30

14. Page 27, lines 6 and 7

Strike: line 6 through "that" on line 7

15. Page 27, line 10.

Following: first "that"

Strike: line 10 through second "that"

16. Page 27, lines 12 and 13.

Following: "(3)"

Strike: remainder of line 12 through "1990" on line 13

Insert: "The state fund may not administer or pay claims for injuries resulting from accidents that occurred on or before July 1, 1990, unless authorized pursuant to a contract entered into under 39-71-2316"

17. Page 33, line 24 through page 34, line 11.

Following: "(1)"

Strike: remainder of line 24 through "2007" on page 34, line 11

Insert: "On July 1, 1998, the state fund may only pay claims for injuries resulting from accidents that occurred on or before July 1, 1990, pursuant to a contact authorized under 39-71-2316"

18. Page 34, line 12.

Strike: "(3)"

Insert: "(2)"

Renumber: subsequent subsections

19. Page 34, line 17.

Strike: "(7)(E)"

Insert: "(6)(e)"

20. Page 35, line 19.

Following: "CLAIMS"

Insert: "pursuant to a contract authorized under 39-71-2316"

21. Page 35, line 21.

Strike: "(7)(B)(I) AND (7)(B)(II)"

Insert: "(6)(b)(i) and (6)(b)(ii)"

22. Page 36, line 7.

Strike: "(5)"

Insert: "(4)"

23. Page 36, line 13.

Strike: "(7)(B)"

Insert: "(6)(b)"

24. Page 36, line 21.

Strike: "(7)(H)"

Insert: "(6)(h)"

25. Page 38, line 22 and 23.

Following: "9," on line 22

Strike: remainder of line 22 through "30(1)" on line 23

Insert: "15, 17, 18, 20, 21, 23, 25 through 28, 30, and 31(1)"

26. Page 38, lines 24 and 25 and 26.

Following: "12"

Strike: ", 13,"

Insert: "through 14"

27. Page 38, line 27.

Strike: "18, 21, 23, AND 30(2)"

Insert: "19, 22, and 31(2)"

28. Page 38, line 28.

Strike: "27"

Insert: "28"

29. Page 38, line 29.

Strike: "Section" through "15"

Insert: "Sections 16 and 24"

Strike: "is"

Insert: "are"

30. Page 38, line 30.

Strike: "31, 32, 34"

Insert: "32, 33, 35"

31. Page 39, line 3.

Strike: "17"

Insert: "18"

32. Page 39, line 4.

Strike: "22"

Insert: "23"

Strike: "27"

Insert: "28"

. 33. Page 39, line 5.

Strike: "14"

Insert: "15"

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

SB 116, be concurred in. Report adopted.

SB 148, be concurred in. Report adopted.

TAXATION (Hibbard, Chairman): 3/14/97

HB 433, introduced bill, do pass. Report adopted.

HB 590, introduced bill, be amended as follows:

1. Title, line 7.

Following: "ELECTORATE;"

Insert: "AMENDING THE PROPERTY TAX LIMITATIONS IMPLEMENTING INITIATIVE MEASURE NO. 105 BY CHANGING THE EXCEPTIONS TO THE LIMITATIONS; PROVIDING THAT PROPERTY TAXES ARE CAPPED AT 1996 LEVELS; PROVIDING THAT A TAXING UNIT THAT LOST REVENUE DUE TO THE RATE CHANGE OF THIS ACT MAY INCREASE MILL LEVIES TO RETURN TO ITS 1996 REVENUE LEVEL; PROVIDING THAT THE ELECTORS OF A TAXING UNIT MAY AUTHORIZE MILL LEVIES THAT EXCEED THE LIMITATIONS OF TITLE 15, CHAPTER 10, PART 4, MCA;"

2. Title, line 8.

Following: "15-6-143,"

Insert: "15-10-401, 15-10-402,"

Strike: the first "AND"

Following: "15-10-412,"

Insert: "AND 15-36-323,"

3. Page 4, line 13.

Strike: "Voter approval for taxing"

Insert: "Taxing"

Strike: "to"

Insert: "may"

4. Page 4, line 15.

Strike: "if authorized by the electorate of the taxing jurisdiction"

5. Page 4, line 17.

Strike: "(a)"

6. Page 4, line 19.

Page 4, line 24.

Strike: "1998"

Insert: "1997"

7. Page 4, line 20.

Strike: "1997"

Insert: "1996"

Strike: "electorate may authorize the"

Insert: "taxing unit may"

Following: "levy"

Strike: "of"

8. Page 4, line 22.

Page 4, line 24.

Strike: "1997"

Insert: "1996"

9. Page 4, line 23.

Strike: "(b)"

Insert: "(a)"

10. Page 4, line 28.

Strike: "(3)"

Insert: "(b)"

11. Page 4, line 30.

Insert: "Section 5.  Section 15-10-401, MCA, is amended to read:

"15-10-401.   Declaration of policy. (1) The state of Montana's reliance on the taxation of property to support education and local government has placed an unreasonable burden on the owners of all classes three, four, six, nine, twelve, and fourteen of property, as those classes are defined described in Title 15, chapter 6, part 1.

(2)  The legislature's failure to give local governments and local school districts the flexibility to develop alternative sources of revenue will only lead to increases in the tax burden on the already overburdened property taxpayer.

(3)  The legislature is the appropriate forum to make the difficult and complex decisions to develop:

(a)  a tax system that is fair to property taxpayers; and

(b)  a method of providing adequate funding for local government and education.

(4)  The legislature has failed in its responsibility to taxpayers, education, and local government to relieve the tax burden on property classes three, four, six, nine, twelve, and fourteen.

(5)(2)  The people of the state of Montana declare it is the policy of the state of Montana that no further property tax increases be imposed on property classes three, four, six, nine, twelve, and fourteen as provided in 15-10-412."

Section 6.  Section 15-10-402, MCA, is amended to read:

"15-10-402.   Property tax limited to 1986 1996 levels. (1) Except as provided in subsections (2) and (3) 15-10-412, the amount of taxes levied on property described in 15-6-133, 15-6-134, and 15-6-136 Title 15, chapter 6, part 1, may not, for any taxing jurisdiction, exceed the amount levied for taxable tax year 1986 1996.

(2)  The limitation contained in subsection (1) does not apply to levies for rural improvement districts, Title 7, chapter 12, part 21; special improvement districts, Title 7, chapter 12, part 41; elementary and high school districts, Title 20; juvenile detention programs authorized under 7-6-502; or bonded indebtedness.

(3)  New construction or improvements to or deletions from property described in subsection (1) are subject to taxation at 1986 levels.

(4)  As used in this section, the "amount of taxes levied" and the "amount levied" mean the actual dollar amount of taxes imposed on an individual piece of property, notwithstanding an increase or decrease in value due to inflation, reappraisal, adjustments in the percentage multiplier used to convert appraised value to taxable value, changes in the number of mills levied, or increase or decrease in the value of a mill.""

Renumber: subsequent sections

12. Page 5, line 2.

Strike: "1986"

Insert: "1996"

Strike: "clarification -- extension to all property classes"

Insert: "exceptions"

13. Page 5, line 3.

Strike: "interpreted and clarified"

Insert: "implemented"

14. Page 5, lines 4 through 6.

Strike: "The limitation" on line 4 through "(2)" on line 6

Strike: "is interpreted to mean"

Insert: "means"

15. Page 5, line 7.

Strike: "actual tax liability for an individual property"

Insert: "total amount of taxes levied by each taxing unit"

Strike: "due"

Insert: "levied"

16. Page 5, lines 8 through 12.

Strike: "1986" on line 8

Insert: "1996"

Strike: "In tax" on line 8 through "year" on line 12

Insert: "The governing body of a taxing unit shall adjust mill levies to compensate for any increase in taxable valuation to ensure that taxes levied do not exceed the amount levied in 1996"

17. Page 5, line 13.

Strike: "(3)"

Insert: "(2)"

Strike: "a further"

Insert: "an"

18. Page 5, line 14.

Strike: "taxable valuation of"

Insert: "taxes levied by"

19. Page 5, line 16.

Following: "improvements"

Insert: "classified under 15-6-134"

20. Page 5, line 21.

Following: ";"

Insert: "or"

21. Page 5, lines 22 through 25.

Strike: "; or" on line 22 through "improvements" on line 25

22. Page 5.

Following: line 25

Insert: "(3) The limitation on the amount of taxes levied does not prohibit an increase in the total taxes levied by a taxing unit in order to compensate the taxing unit for any loss in the total amount of nonlevy revenue received in 1996 from taxes imposed under Title 15, chapter 23, part 7, and Title 15, chapter 36, part 3."

23. Page 5, line 27 through page 6, line 17.

Following: "valuation" on page 5, line 27

Insert: "or the taxing unit"

Following: "property" on page 5, line 27

Insert: "."

Strike: "in each" on page 5, line 27 through "levied." on page 6, line 17

Renumber: subsequent subsections

24. Page 6, line 19.

Strike: "methodology"

Insert: "methodologies"

25. Page 6, line 21 through page 8, line 5.

Following: "15-10-402" on page 6, line 21

Insert: "."

Strike: "except" on page 6, line 21 through "53-2-322." on page 8, line 5

Renumber: subsequent subsections

26. Page 8, lines 7 and 8.

Strike: "tax liability" on line 7 through "containing" on line 8

Insert: "mill levies under one of the following methods"

27. Page 8, line 9.

Following: "(a)"

Insert: "If the laws governing the taxing unit or a particular fund of the taxing unit specifically allow for a vote of the electorate to impose mill levies or to change mill levies, then mill levies may be imposed or increased after approval of the electorate of the taxing unit.

(b) If the taxing unit or a particular fund of the taxing unit does not have a statutory basis for holding an election on whether to impose or to change a mill levy, the governing body of the taxing unit may refer the question of whether to impose or to change the mill levy to the electorate of the taxing unit. The resolution must contain:

(i)"

28. Page 8, line 9.

Following: "unit"

Insert: "or applicable government function"

29. Page 8, line 10.

Strike: "15-10-401 and 15-10-402"

Insert: "limitations of this part"

30. Page 8, lines 11 through 14.

Strike: "(b)" on line 11 through "(e)" on line 14

Insert: "(ii)"

Following: "revenue;" on line 14

Insert: "and"

31. Page 8, line 15.

Strike: subsection (f) in its entirety

32. Page 8, line 16.

Strike: "(g)"

Insert: "(iii)"

33. Page 8, lines 17 through 29.

Strike: subsection (11) in its entirety

Renumber: subsequent subsections

34. Page 9, line 2.

Strike: "1986"

Insert: "1996"

35. Page 9, lines 3 through 8.

Strike: subsections (13) and (14) in their entirety

Insert: "(8) If a taxing unit receives a reimbursement payment under 15-1-112, then the taxing unit may not increase mill levies to compensate for a loss in taxable valuation associated with reducing the tax rate in 15-6-138."

(9) The limitation on the amount of taxes levied by a taxing unit does not apply to an increase in the number of mills that are levied to compensate for the 1997 revaluation rate adjustments are established as provided in [section 4]."

36. Page 9, line 9.

Insert: "Section 8.  Section 15-36-323, MCA, is amended to read:

"15-36-323.  Calculation of unit value. For the purposes of distribution of oil and natural gas production taxes to county and school taxing units for production from pre-1985 wells, the department shall determine the unit value of oil and natural gas for each taxing unit as follows:

(1)  Subject to the conditions of subsection (3), the unit value for oil for each taxing unit is the quotient obtained by dividing the net proceeds taxes calculated on oil produced and sold in that taxing unit in calendar year 1988 by the number of barrels of oil produced in that taxing unit during 1988, excluding post-1985 wells.

(2)  Subject to the conditions of subsection (3), the unit value for natural gas is the quotient obtained by dividing the net proceeds taxes calculated on natural gas produced and sold in that taxing unit in calendar year 1988 by the number of cubic feet of natural gas produced in that taxing unit during 1988, excluding post-1985 wells.

(3)  The amount of net proceeds taxes calculated under subsections (1) and (2) may not include the amount of taxes that are attributable to a financial emergency, as described in 15-10-412(10), for which additional mills were levied in fiscal year 1990 under the provisions of 15-10-412."

Renumber: subsequent sections

And, as amended, do pass. Report adopted.

SB 57, be concurred in. Report adopted.

SB 195, be amended as follows:

1. Title, line 4.

Strike: "DELAYING"

Insert: "ELIMINATING"

2. Title, lines 5 through 7.

Following: the first "CYCLE" on line 5

Insert: "FOR CLASS THREE, FOUR, AND TEN PROPERTY"

Following: the first ";" on line 5

Strike: remainder of line 5 through ";" on line 7

3. Title, line 8.

Following: "NEW"

Insert: "CLASS THREE, FOUR, AND TEN"

Following: "RECLASSIFIED"

Insert: "CLASS THREE, FOUR, AND TEN"

4. Title, line 9.

Strike: "1996"

Insert: "1993"

5. Title, line 9.

Following: ";"

Insert: "ALLOWING AN EXTENSION OF 1997 STATUTORY DEADLINES RELATING TO PROPERTY TAXES;"

6. Title, lines 10 and 11.

Strike: "AND 15-7-221" on line 10

Insert: "15-7-112, AND 15-8-111"

Following: "MCA" on line 10

Strike: "," through "1995" on line 10

7. Page 1, line 16.

Following: "reclassified"

Insert: "class three, four, and ten"

8. Page 1, line 17.

Strike: "1996"

Insert: "1993"

9. Page 1, line 20.

Following: "reclassified"

Insert: "class three, four, and ten"

10. Page 1, line 22.

Following: "reclassified"

Insert: "class three, four, and ten"

11. Page 1, line 24.

Following: "reclassified"

Insert: "class three, four, and ten"

12. Page 2, lines 17 and 18.

Following: "(a)" on line 17

Strike: remainder of line 17 through "all" on line 18

Insert: "All"

Strike: "market" on line 18

Insert: "1993"

Following: "value" on line 18

Strike: remainder of line 18

Insert: "as determined by the base"

13. Page 2, line 19.

Following: "year"

Insert: "used for the 1993 reappraisal"

14. Page 2, lines 20 and 21.

Following: "(b)" on line 20

Strike: remainder of line 20 through "years" on line 21

Insert: "In any periodic revaluation of taxable property under the provisions of 15-7-111"

15. Page 2, lines 29 and 30.

Strike: "(a)" on line 29

Strike: "Except as provided in subsection (1)(b), the"

Insert: "The"

16. Page 3, line 1.

Strike: "within the state"

Insert: "and that must be revalued on a periodic basis"

17. Page 3, line 6.

Strike: "(b)"

Insert: "(2)"

Strike: "and ending December 31, 1999,"

18. Page 3, line 8.

Strike: "(i)"

Insert: "(a)"

Strike: "1996"

Insert: "1993"

Strike: "classes of"

19. Page 3, line 9.

Strike: "Title 15, chapter 6, part 1"

Insert: "15-6-133, 15-6-134, and 15-6-143"

20. Page 3, line 10.

Strike: "(ii)"

Insert: "(b)"

21. Page 3, line 11.

Strike: "in tax year 1996"

22. Page 3, lines 13 through 18.

Strike: subsection (2) in its entirety

23. Page 3, line 20 through page 4, line 23.

Strike: sections 3, 4, and 5 in their entirety

Insert: "Section 3.  Section 15-7-112, MCA, is amended to read:

"15-7-112.   Equalization of valuations. The same method of appraisal and assessment shall must be used in each county of the state to the end so that comparable property with similar true market values and subject to taxation in Montana shall have has substantially equal taxable values value at the end of each cyclical revaluation program hereinbefore provided."

Section 4.  Section 15-8-111, MCA, is amended to read:

"15-8-111.   Assessment -- market value standard -- exceptions. (1) All taxable property must be assessed at 100% of its market value except as otherwise provided.

(2)  (a) Market value is the value at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.

(b)  If the department uses construction cost as one approximation of market value, the department shall fully consider reduction in value caused by depreciation, whether through physical depreciation, functional obsolescence, or economic obsolescence.

(c)  Except as provided in subsection (3), the market value of all motor trucks; agricultural tools, implements, and machinery; and vehicles of all kinds is the average wholesale value shown in national appraisal guides and manuals or the value of the vehicle before reconditioning and profit margin. The department shall prepare valuation schedules showing the average wholesale value when a national appraisal guide does not exist.

(3)  The department may not adopt a lower or different standard of value from market value in making the official assessment and appraisal of the value of property, except:

(a)  the wholesale value for agricultural implements and machinery is the loan value as shown in the Official Guide, Tractor and Farm Equipment, published by the national farm and power equipment dealers association, St. Louis, Missouri;

(b)  for agricultural implements and machinery not listed in the official guide, the department shall prepare a supplemental manual in which the values reflect the same depreciation as those found in the official guide; and

(c) the value of properties in 15-6-133, under class three, 15-6-134, under class four, and 15-6-143, under class ten, is not determined based on current market or current productivity value. The value is determined based on the market or productivity value for the base year of the 1993 reappraisal cycle. The 1993 reappraisal cycle is the cycle in which new values were assessed beginning in 1993. The base year for class four property is the year adopted by administrative rule for the 1993 reappraisal as required by 15-7-103. The base year for class three and ten properties is the year used in determining productivity for the 1993 reappraisal. The values must be considered equalized when property values are at or near the base year market or productivity value used for the 1993 reappraisal.

(c)(d)  as otherwise authorized in Title 15 and Title 61.

(4)  For purposes of taxation, assessed value is the same as appraised value.

(5)  The taxable value for all property is the percentage of market or assessed value established for each class of property.

(6)  The assessed value of properties in 15-6-131 through 15-6-133 15-6-134 and 15-6-143 is as follows:

(a)  Properties in 15-6-131, under class one, are assessed at 100% of the annual net proceeds after deducting the expenses specified and allowed by 15-23-503 or, if applicable, as provided in 15-23-515, 15-23-516, 15-23-517, or 15-23-518.

(b)  Properties in 15-6-132, under class two, are assessed at 100% of the annual gross proceeds.

(c)  Properties in 15-6-133, under class three, are assessed at 100% of the productive capacity of the lands in 1994 when valued for agricultural purposes. All lands that meet the qualifications of 15-7-202 are valued as agricultural lands for tax purposes.

(d) Properties in 15-6-134, under class four, are assessed as provided in subsection (3)(c) of this section.

(d)(e)  Properties in 15-6-143, under class ten, are assessed at 100% of the forest productivity value of the land in 1994 when valued as forest land.

(7)  Land and the improvements on the land are separately assessed when any of the following conditions occur:

(a)  ownership of the improvements is different from ownership of the land;

(b)  the taxpayer makes a written request; or

(c)  the land is outside an incorporated city or town."

NEW SECTION. Section 5.  Extension of 1997 deadlines relating to property taxation. As a result of the change in the base year for reappraisal of class three, four, and ten property enacted by the 55th legislature, it is not possible to comply with certain statutory deadlines relating to appraisals, assessments, appeals, reimbursements, budgets, and collection of property taxes. The state appraisal and assessment process will be delayed, which in turn will cause delays for the tax appeal boards and local government taxing jurisdiction budgeting and collection processes. Therefore, for tax year 1997, all deadlines are extended as necessary and reasonable in order to allow for the orderly and efficient assessment and collection of taxes."

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

MESSAGES FROM THE SENATE

House bills concurred in and returned to the House: 3/14/97

HB 257, introduced by Kottel

HB 314, introduced by Simpkins

HB 330, introduced by Wiseman

House bills concurred in as amended and returned to the House for concurrence in Senate amendments: 3/14/97

HB 134, introduced by J. Johnson

HB 139, introduced by Swanson

HB 168, introduced by R. Johnson

HB 183, introduced by Masolo

HB 263, introduced by Dowell

House amendments to Senate bill concurred in: 3/14/97

SB 129, introduced by Crismore

 

FIRST READING AND COMMITMENT

OF BILLS AND RESOLUTIONS

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

HB 609, introduced by Grimes, Ewer, Ellingson, Cobb, Eck, Soft, McGee, Arnott, referred to Committee on Taxation.

HB 610, introduced by Grady, Quilici, Jenkins, Franklin, Feland, Keenan, Mohl, Anderson, Mahlum, referred to Committee on Transportation.

Representative Grinde moved the House recess until 8:30 a.m. Motion carried.

House recessed at 8:05 a.m.

House reconvened at 8:37 a.m. Mr. Speaker in the Chair.

Roll Call. Quorum present.

Mr. Speaker introduced today's honorary pages:

Heather Egolf, Kalispell

Rebecca Helvick, Helena

Ross Miranti, Helena

Kimberly Mills, Rexberg, Idaho

Brent Mills, Rexberg, Idaho

Abby Johnson, Helena

Geneva Adams, Columbia Falls

Shane Vick, Belgrade

 

 

 

SECOND READING OF BILLS

(COMMITTEE OF THE WHOLE)

Representative Grinde moved the House resolve itself into a Committee of the Whole for consideration of business on second reading. Motion carried. Representative Simon in the Chair.

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

SB 39 - Representative Rose moved SB 39 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 96

Noes: Adams, Arnott.

Total 2

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Molnar.

Total 1

SB 41 - Representative Masolo moved SB 41 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Beaudry, Bergman, Bitney, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Walters, Whitehead, Wiseman, Zook, Mr. Speaker.

Total 83

Noes: Adams, Arnott, Barnhart, Boharski, Curtiss, DeBruycker, Jore, Keenan, Orr, Prouse, Rehbein, Wagner, Wells, Wyatt.

Total 14

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Bergsagel, Mills.

Total 2

SB 54 - Representative McCulloch moved SB 54 be concurred in.

Representative Sliter assumed the Chair at this time.

Representative McCulloch moved SB 54, second reading copy, be amended as follows (amendment #1):

1. Page 8, line 15.

Following: "TOTAL"

Strike: "ACTUAL"

Following: "LOSS"

Insert: "benefits"

Amendment #1 passed as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, Devaney, Dowell, Ellingson, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 87

Noes: Bankhead, DeBruycker, Denny, Smith, Vick, Wagner.

Total 6

Excused: Clark, Ellis, Kitzenberg, McCann, Pease, Ryan.

Total 6

Absent or not voting: Grinde.

Total 1

Motion to concur in SB 54, as amended, carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 96

Noes: DeBruycker, Kasten.

Total 2

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Smith.

Total 1

SB 55 - Representative Simon moved SB 55 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 98

Noes: None.

Total 0

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Barnhart.

Total 1

Representative Simon resumed the Chair at this time.

SB 61 - Representative Krenzler moved SB 61 be concurred in.

Representative Ellingson moved SB 61, second reading copy, be amended (amendment #1). Motion failed as follows: (34-60)

Motion to concur in SB 61 carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Cobb, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Gillan, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Harper, Hibbard, Kasten, Keenan, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pease, Quilici, Raney, Ream, Ryan, Schmidt, Simon, Simpkins, Sliter, Smith, Soft, Squires, Stovall, Swanson, Tash, Taylor, Tropila, Tuss, Vick, Wells, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 67

Noes: Adams, Arnott, Carey, Cocchiarella, Curtiss, DeBruycker, Denny, Galvin, Hagener, Harrington, Hayne, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Knox, Masolo, Orr, Pavlovich, Peck, Prouse, Rehbein, Rose, Sands, Simpson, Story, Trexler, Wagner, Walters, Whitehead.

Total 31

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Heavy Runner.

Total 1

HB 585 - Representative Ohs moved HB 585 do pass.

Representative Trexler moved for cloture. Motion carried.

Motion to pass HB 585 carried as follows:

Ayes: Adams, Ahner, Anderson, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Clark, Cobb, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Hayne, Hibbard, Holland, R. Johnson, Keenan, Kitzenberg, Knox, Lawson, Marshall, Masolo, McGee, Mills, Molnar, Mood, Ohs, Pavlovich, Quilici, Rehbein, Rose, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 62

Noes: Arnott, Barnhart, Carey, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Gillan, Hagener, Harper, Harrington, Heavy Runner, Hurdle, J. Johnson, Jore, Kasten, Kottel, Krenzler, McCann, McCulloch, Menahan, Orr, Pease, Peck, Prouse, Raney, Ream, Ryan, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Whitehead, Wyatt.

Total 38

Voted Absentee: Clark, Ellis, Kitzenberg, Ayes; McCann, Pease, Ryan, Noes.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

Representative Grinde moved the committee rise, report progress, and beg leave to sit again. Motion carried. Committee arose. House resumed. Mr. Speaker in the Chair. Chairman Simon moved that the Committee of the Whole report be adopted. Report adopted. (74-14)

MOTIONS

HB 249 - Representative Grinde moved HB 249 be taken from the table in the Committee on Business & Labor, printed, and placed on second reading this legislative day. Motion carried. (62-29)

SECOND READING OF BILLS

(COMMITTEE OF THE WHOLE)

Representative Grinde moved the House resolve itself into a Committee of the Whole for consideration of business on second reading. Motion carried. Representative Simon in the Chair.

Representative Harper moved to return to order of business #9 for the purpose of making a motion. Motion failed. (35-59)

SECOND READING OF BILLS

(COMMITTEE OF THE WHOLE)

Representative Grinde moved the House resolve itself into a Committee of the Whole for consideration of business on second reading. Motion carried. Representative Simon in the Chair.

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

HB 249 - Representative Ohs moved HB 249 do pass.

Representative Ohs moved HB 249, second reading copy, be amended as follows (amendment #1):

1. Title, line 6.

Strike: "$9"

Insert: "$15"

Following: "PROJECTS"

Insert: ", HISTORIC PRESERVATION PROJECTS, RESEARCH AND DEVELOPMENT, SCHOOL CONSTRUCTION, AND TECHNOLOGY ACQUISITION FOR SCHOOLS"

2. Title, line 7.

Strike: "2008"

Insert: "2018"

3. Page 1, line 18.

Strike: "2008"

Insert: "2018"

Strike: "$9"

Insert: "$15"

4. Page 1, lines 19 through 27.

Following: "for" on line 19

Strike: remainder of line 19 through "bridges" on line 27

Insert: ": (a) infrastructure;

(b) historic preservation projects;

(c) research and development;

(d) school construction; and

(e) technology acquisition for schools"

5. Page 1, line 30.

Strike: "2008"

Insert: "2018"

6. Page 2, lines 4 and 5.

Following: "to" on line 4

Strike: remainder of line 4 through "fund" on line 5

Insert: "invest a portion of the future coal severance taxes for infrastructure, historic preservation, research and development, and schools"

7. Page 2, lines 6 and 7.

Following: "to" on line 6

Strike: remainder of line 6 through "fund" on line 7

Insert: "invest a portion of the future coal severance taxes for infrastructure, historic preservation, research and development, and schools"

Amendment #1 passed as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Clark, Cobb, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Hayne, Hibbard, Holland, R. Johnson, Keenan, Kitzenberg, Knox, Lawson, Marshall, Masolo, McGee, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Quilici, Rehbein, Rose, Simon, Simpkins, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 61

Noes: Adams, Barnhart, Boharski, Carey, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Gillan, Hagener, Harper, Harrington, Heavy Runner, Hurdle, J. Johnson, Jore, Kasten, Kottel, Krenzler, McCann, McCulloch, Menahan, Pease, Peck, Prouse, Raney, Ream, Ryan, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Whitehead, Wyatt.

Total 38

Voted Absentee: Clark, Ellis, Kitzenberg, Ayes; McCann, Pease, Ryan, Noes.

Excused: None.

Total 0

Absent or not voting: Sliter.

Total 1

Following a question by Representative Raney, Representative Simon ruled the question out of order.

Representative Raney appealed the ruling.

Representative Simon called for an immediate Rules Committee meeting.

The House Chambers stood at ease during the Rules Committee meeting.

Representative Grinde reported the Rules Committee would allow Representative Raney to continue with his questioning on HB 249.

Motion that HB 249 do pass, as amended, carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Clark, Cobb, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Hayne, Hibbard, Holland, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Lawson, Marshall, Masolo, McGee, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Prouse, Quilici, Rehbein, Rose, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 67

Noes: Barnhart, Carey, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Gillan, Hagener, Harper, Harrington, Heavy Runner, Hurdle, J. Johnson, Kottel, Krenzler, McCann, McCulloch, Menahan, Pease, Peck, Raney, Ream, Ryan, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Whitehead, Wyatt.

Total 33

Voted Absentee: Clark, Ellis, Kitzenberg, Ayes; McCann, Pease, Ryan, Noes.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

HB 5 - Representative Bergsagel moved HB 5 do pass.

Representative Raney moved HB 5, second reading copy, be amended (amendment #1). Motion failed as follows: (33-62)

Representative Raney moved HB 5, second reading copy, be amended as follows (amendment #2):

1. Page 5, line 11.

Strike: "1,200,000"

Insert: "1,470,000"

Explanation: This amendment increases the appropriation to the Department of Fish, Wildlife and Parks for the Future Fisheries Improvement Program by $270,000 from the general license account.

Amendment #2 passed as follows:

Ayes: Ahner, Anderson, Bankhead, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, DeBruycker, Denny, Dowell, Ellingson, Ewer, Galvin, Gillan, Grinde, Hagener, H.S. Hanson, Harrington, Heavy Runner, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Knox, Kottel, Krenzler, Lawson, Masolo, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Peck, Prouse, Quilici, Raney, Rehbein, Rose, Ryan, Sands, Simon, Simpson, Sliter, Soft, Squires, Story, Stovall, Trexler, Tropila, Vick, Walters, Whitehead, Zook, Mr. Speaker.

Total 63

Noes: Adams, Arnott, Barnett, Barnhart, Bergman, Bergsagel, Cocchiarella, Curtiss, Devaney, Feland, Grady, Grimes, M. Hanson, Harper, Hayne, Hibbard, Keenan, Marshall, Orr, Ream, Schmidt, Simpkins, Smith, Swanson, Tash, Taylor, Tuss, Wagner, Wiseman, Wyatt.

Total 30

Voted Absentee: Ryan, Aye.

Excused: Clark, Ellis, Kitzenberg, McCann, Pease.

Total 5

Absent or not voting: Beaudry, Wells.

Total 2

Representative Raney moved HB 5, second reading copy, be further amended (amendment #3). Motion failed as follows: (43-50)

Representative Raney moved HB 5, second reading copy, be further amended (amendment #4). Motion failed as follows: (46-46)

Representative Ohs moved HB 5, second reading copy, be further amended as follows (amendment #5):

1. Title, line 6.

Following: ";"

Insert: "APPROPRIATING THE BALANCE IN THE CULTURAL TRUST FUND FOR THE ACQUISITION, RENOVATION, AND PRESERVATION OF HISTORIC PROPERTIES; ELIMINATING THE ALLOCATION OF COAL SEVERANCE TAXES TO THE CULTURAL TRUST FUND; ALLOCATING COAL SEVERANCE TAX REVENUE FOR CULTURAL AND AESTHETIC PROJECTS; ESTABLISHING THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION; AUTHORIZING THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION TO ADMINISTER PROPERTIES AT VIRGINIA CITY AND NEVADA CITY AND OTHER CULTURALLY AND HISTORICALLY SIGNIFICANT PROPERTIES;"

2. Title, lines 7 and 8.

Following: "APPROPRIATIONS;"

Insert: "AMENDING SECTIONS 5-11-115, 15-35-108, 22-2-301, 22-2-304, and 23-1-108, MCA;"

Strike: "AN IMMEDIATE"

Strike: "DATE"

Insert: "DATES"

3. Page 8, line 4.

Insert: "NEW SECTION. Section  9. Appropriation for purchase and maintenance of Virginia City and Nevada City assets. The balance in the cultural trust fund, up to $7,750,000, is appropriated to the Montana historical society for the acquisition, renovation, and preservation of real and personal property owned by Bovey restorations, incorporated, and the historic landmark society of Montana in the communities known as Virginia City and Nevada City.

Section 10.  Section 5-11-115, MCA, is amended to read:

"5-11-115.   Function of department of administration -- capitol area master plan -- advice of legislative council. (1) The department of administration shall establish and maintain a master plan for the orderly development of state buildings in the immediate area of the capital city. The master plan must be developed and maintained, with consideration given to the following factors:

(a)  the needs of the state relative to the location and design of buildings to be constructed, purchase of land, parking facilities, traffic management, and landscaping;

(b)  the ordinances, plans, requirements, and proposed improvements of the city of Helena and Lewis and Clark County, based without limitation upon zoning regulations, population trends, and plans for rapid transit development;

(c)  any other factors that bear upon the orderly, integrated, and cooperative development of the state, the city of Helena, Lewis and Clark County, and state property in the immediate area of the capital city.

(2)  The legislative council shall consult with and advise the department of administration concerning the assignment of space in the capitol.

(3)  The legislative council shall consult with and advise the Montana historical society on the placement of busts, statues, memorials, or art displays of a permanent nature within public areas of the capitol building. An item may not be permanently displayed unless approved by the legislature.

(4)  The Montana historical society shall protect and preserve the permanent artwork in the capitol building and request funding for periodic inspection, maintenance, and repair of the artwork from the trust fund established account provided for in 15-35-108 for protection of works of art in the state capitol and other cultural and aesthetic projects.

(5)  The legislative council shall serve as a long-range building committee to recommend to the legislature and the department of administration construction and remodeling priorities for the capitol."

Section 11.  Section 15-35-108, MCA, is amended to read:

"15-35-108.   Disposal of severance taxes. Severance taxes collected under this chapter must, in accordance with the provisions of 15-1-501, be allocated as follows:

(1)  Fifty percent of total coal severance tax collections is allocated to the trust fund created by Article IX, section 5, of the Montana constitution. The trust fund money must be deposited in the fund established under 17-6-203(6) and invested by the board of investments as provided by law.

(2)  Twelve percent of coal severance tax collections is allocated to the long-range building program account established in 17-7-205.

(3)  The amount of 8.36% must be credited to an account in the state special revenue fund to be allocated by the legislature for local impacts, county land planning, provision of basic library services for the residents of all counties through library federations and for payment of the costs of participating in regional and national networking, conservation districts, and the Montana Growth Through Agriculture Act. Any cash balance that is unspent at the end of each fiscal year must be deposited in the general fund.

(4)  The amount of 1.27% must be allocated to a nonexpendable trust fund for the purpose of parks acquisition or management. Income from this trust fund must be appropriated for the acquisition, development, operation, and maintenance of any sites and areas described in 23-1-102.

(5)  The amount of 0.95% must be allocated to the debt service fund type to the credit of the renewable resource loan debt service fund.

(6)  The amount of 0.63% 1.79% must be allocated to a nonexpendable trust an account in the state special revenue fund for the purpose of protection of works of art in the state capitol and for other cultural and aesthetic projects. Income from this trust fund must be appropriated for protection of works of art in the state capitol and other cultural and aesthetic projects.

(7) All other revenue from severance taxes collected under the provisions of this chapter must be credited to the general fund of the state."

Section 12.  Section 22-2-301, MCA, is amended to read:

"22-2-301.   Cultural and aesthetic projects grants. (1) Any person, association, or representative of a governing unit seeking a grant for a cultural or aesthetic project from the income of the trust fund created account provided for in 15-35-108 must submit a grant proposal to the cultural and aesthetic projects advisory committee, in care of the Montana arts council, by August 1 of the year preceding the convening of a regular legislative session.

(2)  Grant proposals must be for the purpose of protecting works of art in the state capitol or other cultural and aesthetic projects."

Section 13.  Section 22-2-304, MCA, is amended to read:

"22-2-304.   Cultural and aesthetic project appropriations -- administration. (1) The legislature must appropriate funds from the income of the trust fund created account provided for in 15-35-108 for cultural and aesthetic projects before any grant for a cultural or aesthetic project is awarded.

(2)  Costs incurred by the Montana arts council for accounting, correspondence, project visits, and solicitation of proposals related to cultural and aesthetic project grants and the costs of the advisory committee established in 2-15-1521 shall be paid from appropriations from the income of the trust fund.

(3)  Grant proposals are heard by a legislative appropriations subcommittee.

(4)  Grant proposals approved by the legislature are administered by the Montana arts council."

Section 14.  Section 23-1-108, MCA, is amended to read:

"23-1-108.   Acquisition of certain state parks, monuments, or historical sites. (1) Any person, association, or representative of a governing unit may submit a proposal for the acquisition of a site or area described in 23-1-102 from the income of the trust fund created account provided for in 15-35-108 to the department of fish, wildlife, and parks by July 1 of the year preceding the convening of a legislative session.

(2)  The fish, wildlife, and parks commission shall present to the legislature by the 15th day of any legislative session a list of areas, sites, or objects that were proposed for purchase for use as state parks, state recreational areas, state monuments, or state historical sites with the money contained in the parks account.

(3)  The legislature must appropriate funds from this account before any park, area, monument, or site may be purchased."

NEW SECTION. Section 15.  Montana heritage preservation and development commission. (1) There is a Montana heritage preservation and development commission. The commission is attached to the Montana historical society for administrative purposes. The commission consists of nine members. The members shall broadly represent the state. Five members must be appointed by the governor, one member must be appointed by the president of the senate, and one member must be appointed by the speaker of the house. The director of the Montana historical society and the director of the department of fish, wildlife, and parks shall serve as members.

(2) Of the members appointed by the governor:

(a) one member must have extensive experience in managing facilities that cater to the needs of tourists;

(b) one member must have experience in community planning;

(c) one member must have experience in historic preservation;

(d) one member must have broad experience in business; and

(e) one member must be a Montana historian.

(3) Except for the initial appointments, members appointed by the governor shall serve 3-year terms. Legislative appointees shall serve 2-year terms. If a vacancy occurs, the appointing authority shall make an appointment for the unexpired portion of the term.

(4) The commission may employ an executive director who has general responsibility for the selection and management of commission staff, developing recommendations for the purchase of property, and overseeing the management of acquired property and a curator who is responsible for the display and preservation of the acquired property. The commission shall prescribe the duties and annual salary of the executive director and the curator.

NEW SECTION. Section 16.  Montana heritage preservation and development commission -- initial appointments. The initial appointments to the commission must be for the following terms:

(1) the member with experience managing facilities that cater to the needs of tourists, 3 years;

(2) the member with experience in community planning, 4 years;

(3) the member with experience in historic preservation, 5 years;

(4) the member with broad experience in business, 3 years;

(5) the Montana historian, 5 years; and

(6) the legislative appointments, 2 years.

NEW SECTION. Section 17.  Purpose. The purpose of [sections 15 and 18 and this section] is to acquire, on behalf of the state, properties that possess outstanding historical value, display exceptional qualities worth preserving, are genuinely representative of the state's culture and history, and demonstrate the ability to become economically self-supporting. The Montana heritage preservation and development commission shall achieve this purpose by purchasing fee title interests in real and personal property.

NEW SECTION. Section 18.  Powers of commission -- contracts -- rules. (1) (a) The Montana heritage preservation and development commission may contract with private organizations to assist in carrying out the purpose of [section 17]. The term of a contract may not exceed 20 years.

(b) Notwithstanding the provisions of Title 18, the contracts may be let by direct negotiation. The contracts may be entered into directly with a vendor and are not subject to state procurement laws.

(c) Architectural and engineering review and approval do not apply to the historic renovation projects.

(d) The contracts must provide for the payment of prevailing wages.

(e) A contract for supplies or services, or both, may be negotiated in accordance with commission rules.

(f) Management activities must be undertaken to encourage the profitable operation of properties.

(g) Contracts may include the lease of property managed by the commission. Provisions for the renewal of a contract must be contained in the contract.

(2) The commission may not contract for the construction of a building, as defined in 18-2-101, in excess of $200,000 without the consent of the legislature. Building construction must be in conformity with applicable guidelines developed by the national park service of the U.S. department of the interior, the Montana historical society, and the Montana department of fish, wildlife, and parks.

(3) The commission, as part of a contract, shall require that a portion of any profit be reinvested in the property and that a portion be used to pay the administrative costs of the commission.

(4) The commission may solicit funds from other sources for the purchase, management, and operation of properties.

(5) The commission shall adopt rules establishing a policy for making acquisitions. With respect to each acquisition, the policy must give consideration to:

(a) whether the property represents the state's culture and history;

(b) whether the property can become self-supporting;

(c) whether the property can contribute to the economic and social enrichment of the state;

(d) whether the property lends itself to programs to interpret Montana history;

(e) whether the acquisition will create significant social and economic impacts to affected local governments and the state; and

(f) other matters that the commission considers necessary or appropriate.

(6) Public notice and the opportunity for a hearing must be given in the geographical area of a proposed acquisition before a final decision to acquire a property is made. The commission shall approve proposals for acquisition and recommend the approved proposal to the board of land commissioners.

NEW SECTION. Section 19.  Codification instruction. [Sections 15, 17, and 18] are intended to be codified as an integral part of Title 22, chapter 3, and the provisions of Title 22, chapter 3, apply to [sections 15, 17, and 18].

Renumber: subsequent sections

4. Page 8, line 21.

Strike: "date"

Insert: "dates"

Following: "."

Insert: "(1) Except as provided in subsection (2),"

Strike: "This"

Insert: "this"

5. Page 8, line 22.

Insert: "(2) [Sections 10 and 11] are effective July 1, 1997."

Amendment #5 passed as follows:

Ayes: Ahner, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bitney, Boharski, Bookout, Brainard, Clark, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Harrington, Hayne, Hibbard, Holland, Kasten, Keenan, Kitzenberg, Knox, Lawson, Marshall, Masolo, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Prouse, Quilici, Rehbein, Rose, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Vick, Walters, Wells, Zook, Mr. Speaker.

Total 61

Noes: Adams, Anderson, Barnhart, Bergsagel, Bohlinger, Carey, DeBruycker, Dowell, Ellingson, Ewer, Galvin, Gillan, Hagener, Harper, Heavy Runner, Hurdle, J. Johnson, R. Johnson, Jore, Kottel, Krenzler, McCulloch, Peck, Raney, Ream, Ryan, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Wagner, Whitehead, Wiseman, Wyatt.

Total 37

Voted Absentee: Clark, Ellis, Kitzenberg, Ayes; Ryan, No.

Excused: McCann, Pease.

Total 2

Absent or not voting: None.

Total 0

Representative Brainard moved HB 5, second reading copy, be further amended (amendment #6).

Representative Bookout-Reinicke moved to divide amendment #6 into two sections and vote on them separately. Motion carried.

Amendment #6, section #1 failed as follows: (30-62)

Amendment #6, section #2 failed as follows: (23-71)

Motion that HB 5 do pass, as amended, carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Clark, Cocchiarella, Curtiss, Denny, Devaney, Ellingson, Ellis, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harrington, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Quilici, Ream, Rose, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Walters, Whitehead, Wiseman, Zook, Mr. Speaker.

Total 73

Noes: Adams, Arnott, Barnhart, Boharski, Brainard, Carey, Cobb, Dowell, Ewer, Harper, Hurdle, Jore, Keenan, Orr, Peck, Prouse, Raney, Rehbein, Ryan, Sands, Tropila, Vick, Wagner, Wells, Wyatt.

Total 25

Voted Absentee: Clark, Ellis, Kitzenberg, McCann, Pease, Ayes; Ryan, No.

Excused: None.

Total 0

Absent or not voting: DeBruycker, Tuss.

Total 2

Representative Brainard excused at this time.

SB 68 - Representative Ahner moved SB 68 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 95

Noes: Bitney, DeBruycker.

Total 2

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Molnar, Whitehead.

Total 2

SB 69 - Representative Kottel moved SB 69 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Carey, Cobb, Cocchiarella, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 75

Noes: Adams, Arnott, Bankhead, Boharski, Bookout, Brainard, Curtiss, DeBruycker, Denny, Devaney, Grimes, Hayne, Jore, Kasten, Keenan, McGee, Molnar, Orr, Prouse, Rehbein, Vick, Wagner, Wells.

Total 23

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, No.

Excused: Clark.

Total 1

Absent or not voting: Sliter.

Total 1

SB 92 - Representative Soft moved SB 92 be concurred in.

Representative Sliter assumed the Chair at this time.

Motion to concur in SB 92 carried as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Barnhart, Beaudry, Bergman, Bergsagel, Bohlinger, Carey, Cobb, Cocchiarella, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 78

Noes: Adams, Barnett, Bitney, Boharski, Bookout, Brainard, Curtiss, DeBruycker, Denny, Jore, Keenan, McGee, Mills, Molnar, Orr, Prouse, Rehbein, Sliter, Vick, Wagner, Wells.

Total 21

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, No.

Excused: Clark.

Total 1

Absent or not voting: None.

Total 0

SB 114 - Representative Grimes moved SB 114 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bookout, Carey, Cobb, Cocchiarella, Denny, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tuss, Vick, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 83

Noes: Adams, Arnott, Brainard, Curtiss, DeBruycker, Jore, Kasten, McGee, Orr, Prouse, Rehbein, Wagner.

Total 12

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, No.

Excused: Clark.

Total 1

Absent or not voting: Bohlinger, Devaney, Peck, Tropila.

Total 4

SB 132 - Representative Grinde moved SB 132 be concurred in.

Representative Trexler moved SB 132, second reading copy, be amended as follows (amendment #1):

1. Title, line 7.

Following: "LAND"

Insert: "FOR CERTAIN PURPOSES"

2. Title, line 9.

Following: "ALL"

Insert: "BIG GAME"

Following: "FISHING"

Insert: "AND, IF FENCED OR EFFECTIVELY POSTED, FOR THE HUNTING OF BIRDS OR OTHER WILD ANIMALS"

Following: ";"

Strike: "AND"

3. Title, line 10.

Following: "MCA"

Insert: "; AND PROVIDING AN EFFECTIVE DATE"

4. Page 2, line 1.

Strike: "PRIVILEGE"

Insert: "Except as provided in 87-3-304, privilege"

Following: "either"

Insert: "either"

5. Page 2, line 3.

Following: "land"

Insert: "or by the failure of the landowner or other authorized person to fence the land or to post notice denying entry onto private land"

6. Page 2, line 22.

Strike: "Regardless" through "whether"

Insert: "If"

Following: "property"

Insert: "is fenced or"

7. Page 2, line 23.

Strike: "it"

Insert: "the land"

Following: "enter"

Insert: "the land"

8. Page 2, line 24.

Strike: "the" through "agent"

Insert: "other authorized person"

9. Page 3, line 16.

Following: "animals"

Insert: "big game animals"

10. Page 3, line 17.

Following: "3."

Insert: "If private property is fenced or effectively posted,

a person must have obtained the permission of the landowner, lessee, or the agent of the landowner or lessee prior to hunting birds or wild animals other than big game."

11. Page 3.

Following: line 17

Insert: "NEW SECTION. Section 3. Effective date. [This act] is effective July 1, 1997."

Amendment #1 passed as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Bergman, Bitney, Boharski, Bohlinger, Bookout, Brainard, Cobb, Cocchiarella, Curtiss, Devaney, Dowell, Ellingson, Ewer, Feland, Gillan, Grady, Grimes, Grinde, H.S. Hanson, Harrington, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Keenan, Knox, Kottel, Lawson, Marshall, Masolo, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Peck, Prouse, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Walters, Wells, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 78

Noes: Beaudry, Carey, DeBruycker, Denny, Galvin, Hagener, M. Hanson, Harper, Kasten, Krenzler, Quilici, Rehbein, Wagner, Whitehead.

Total 14

Voted Absentee: Brainard, Ryan, Ayes.

Excused: Clark, Ellis, Kitzenberg, McCann, Pease.

Total 5

Absent or not voting: Bergsagel, Hayne, Pavlovich.

Total 3

Representative Molnar moved SB 132, second reading copy, be further amended (amendment #2). Representative Molnar withdrew the amendment before a vote was taken.

Representative Simpkins moved for cloture. Motion carried. (65-26)

Motion that SB 132 be concurred in, as amended, failed as follows:

Ayes: Adams, Anderson, Arnott, Bankhead, Barnett, Barnhart, Bergman, Bitney, Boharski, Bookout, Clark, Cobb, Curtiss, DeBruycker, Devaney, Ellis, Feland, Grimes, Grinde, H.S. Hanson, M. Hanson, Hayne, Holland, Jore, Kasten, Knox, Marshall, Masolo, McCann, Mood, Ohs, Prouse, Rehbein, Rose, Simon, Simpkins, Sliter, Smith, Story, Stovall, Swanson, Tash, Taylor, Trexler, Vick, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 49

Noes: Ahner, Beaudry, Bergsagel, Bohlinger, Brainard, Carey, Cocchiarella, Denny, Dowell, Ellingson, Ewer, Galvin, Gillan, Grady, Hagener, Harper, Harrington, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Keenan, Kitzenberg, Kottel, Krenzler, Lawson, McCulloch, McGee, Menahan, Mills, Molnar, Orr, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Ryan, Sands, Schmidt, Simpson, Soft, Squires, Tropila, Tuss, Wagner, Walters, Wells, Whitehead.

Total 51

Voted Absentee: Clark, Ellis, McCann, Ayes; Brainard, Kitzenberg, Pease, Ryan, Noes.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

Representative Simon resumed the Chair at this time.

SB 138 - Representative Grimes moved SB 138 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Mills, Mood, Ohs, Orr, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Wells, Whitehead, Wiseman, Zook, Mr. Speaker.

Total 86

Noes: Adams, Brainard, Jore, McGee, Menahan, Wagner, Wyatt.

Total 7

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, No.

Excused: Clark.

Total 1

Absent or not voting: Beaudry, Grady, Molnar, Pavlovich, Sliter, Vick.

Total 6

SB 141 - Representative Rehbein moved SB 141 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tuss, Walters, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 90

Noes: Brainard, Harrington, Hurdle, McGee, Wagner.

Total 5

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, No.

Excused: Clark.

Total 1

Absent or not voting: Sliter, Tropila, Vick, Wells.

Total 4

SB 144 - Representative Bookout-Reinicke moved SB 144 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 93

Noes: H.S. Hanson, Hurdle, Krenzler, Mood, Wagner.

Total 5

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Ohs.

Total 1

SB 145 - Representative Tash moved SB 145 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 97

Noes: McGee.

Total 1

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Bankhead.

Total 1

SB 163 - Representative Tuss moved SB 163 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 95

Noes: Bookout, Denny, McGee.

Total 3

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Grinde.

Total 1

SB 165 - Representative Soft moved SB 165 be concurred in. Motion failed as follows:

Ayes: Ahner, Barnhart, Bohlinger, Carey, Cocchiarella, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grimes, Hagener, Harper, Harrington, Heavy Runner, Hurdle, R. Johnson, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Molnar, Ohs, Pavlovich, Pease, Raney, Ream, Ryan, Sands, Schmidt, Simon, Soft, Squires, Stovall, Swanson, Tropila, Tuss, Whitehead, Wyatt.

Total 44

Noes: Adams, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bookout, Brainard, Cobb, Curtiss, DeBruycker, Denny, Devaney, Feland, Grady, Grinde, H.S. Hanson, M. Hanson, Hayne, Hibbard, Holland, J. Johnson, Jore, Kasten, Keenan, Knox, McGee, Menahan, Mills, Mood, Orr, Peck, Quilici, Rehbein, Rose, Simpkins, Simpson, Sliter, Smith, Story, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 54

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, No.

Excused: Clark, Prouse.

Total 2

Absent or not voting: None.

Total 0

SB 175 - Representative Story moved SB 175 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Carey, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Hibbard, Hurdle, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 90

Noes: Boharski, Brainard, Cobb, Dowell, Heavy Runner, Jore, Whitehead.

Total 7

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, No.

Excused: Clark.

Total 1

Absent or not voting: Holland, Molnar.

Total 2

SB 197 - Representative Molnar moved consideration of SB 197 be placed at the bottom of the second reading board. Motion carried.

SB 204 - Representative Devaney moved SB 204 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 97

Noes: DeBruycker.

Total 1

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Holland.

Total 1

SB 298 - Representative Soft moved SB 298 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Boharski, Bohlinger, Bookout, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 95

Noes: Brainard.

Total 1

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, No.

Excused: Clark.

Total 1

Absent or not voting: Bitney, Holland, Squires.

Total 3

SB 370 - Representative Cobb moved SB 370 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Hibbard, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 95

Noes: Heavy Runner.

Total 1

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Boharski, Grinde, Holland.

Total 3

SB 197 - Representative Molnar moved SB 197 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook.

Total 96

Noes: Tuss.

Total 1

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Holland, Mr. Speaker.

Total 2

Representative Grinde moved the committee rise and report. Motion carried. Committee arose. House resumed. Mr. Speaker in the Chair. Chairman Simon moved that the Committee of the Whole report be adopted. Report adopted. (62-29)

Representative Prouse excused at this time.

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 83 passed as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Cobb, Curtiss, DeBruycker, Denny, Devaney, Feland, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Hayne, Hibbard, Holland, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Krenzler, Lawson, Marshall, Masolo, McCann, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Prouse, Quilici, Rehbein, Rose, Ryan, Schmidt, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Swanson, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 76

Noes: Brainard, Carey, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Harrington, Heavy Runner, Hurdle, Kottel, McCulloch, Orr, Raney, Ream, Sands, Simpson, Squires, Tropila, Tuss, Whitehead, Wyatt.

Total 22

Voted Absentee: Kitzenberg, McCann, Pease, Prouse, Ryan, Ayes; Brainard, No.

Excused: Clark, Ellis.

Total 2

Absent or not voting: None.

Total 0

HB 544 passed as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Feland, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harrington, Hayne, Hibbard, Holland, J. Johnson, R. Johnson, Jore, Keenan, Knox, Krenzler, Lawson, Marshall, Masolo, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Prouse, Quilici, Rehbein, Rose, Ryan, Sands, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Story, Stovall, Swanson, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 71

Noes: Barnhart, Brainard, Carey, Devaney, Dowell, Ellingson, Ewer, Galvin, Grinde, Harper, Heavy Runner, Hurdle, Kasten, Kitzenberg, Kottel, McCann, McCulloch, Orr, Peck, Raney, Ream, Schmidt, Squires, Tropila, Tuss, Whitehead, Wyatt.

Total 27

Voted Absentee: Pease, Prouse, Ryan, Ayes; Brainard, Kitzenberg, McCann, Noes.

Excused: Clark, Ellis.

Total 2

Absent or not voting: None.

Total 0

SB 31 concurred in as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Prouse, Raney, Rehbein, Rose, Ryan, Schmidt, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Tropila, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 85

Noes: Adams, Ellingson, Harrington, R. Johnson, Jore, Peck, Quilici, Ream, Sands, Simpson, Squires, Swanson, Tuss.

Total 13

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Prouse, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Marshall.

Total 1

SB 46 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Zook, Mr. Speaker.

Total 91

Noes: Beaudry, Cobb, Ewer, Heavy Runner, Jore, Sliter, Tuss, Wyatt.

Total 8

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Prouse, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: None.

Total 0

SB 48 concurred in as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Cobb, Curtiss, Denny, Devaney, Gillan, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Keenan, Knox, Krenzler, Lawson, Marshall, Masolo, McCann, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Peck, Prouse, Rose, Ryan, Schmidt, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 67

Noes: Adams, Barnhart, Carey, Cocchiarella, DeBruycker, Dowell, Ellingson, Ewer, Galvin, Hagener, Harper, Harrington, Hurdle, Jore, Kasten, Kitzenberg, Kottel, McCulloch, Pavlovich, Pease, Quilici, Raney, Ream, Rehbein, Sands, Simpson, Squires, Tuss, Whitehead, Wyatt.

Total 30

Voted Absentee: Brainard, McCann, Prouse, Ryan, Ayes; Kitzenberg, Pease, Noes.

Excused: Clark, Ellis.

Total 2

Absent or not voting: Feland.

Total 1

SB 66 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 96

Noes: Arnott, Jore.

Total 2

Voted Absentee: Brainard, Kitzenberg, McCann, Pease, Prouse, Ryan, Ayes.

Excused: Clark, Ellis.

Total 2

Absent or not voting: None.

Total 0

SB 99 concurred in as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Curtiss, Denny, Devaney, Feland, Gillan, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Harrington, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Ohs, Orr, Pavlovich, Prouse, Quilici, Rehbein, Rose, Ryan, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Story, Stovall, Swanson, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 73

Noes: Adams, Barnhart, Cocchiarella, DeBruycker, Dowell, Ellingson, Ewer, Galvin, Hagener, Harper, Hurdle, Jore, Krenzler, Pease, Peck, Raney, Ream, Sands, Schmidt, Squires, Tropila, Tuss, Whitehead, Wyatt.

Total 24

Voted Absentee: Brainard, Kitzenberg, McCann, Prouse, Ryan, Ayes; Pease, No.

Excused: Clark, Ellis.

Total 2

Absent or not voting: Mood.

Total 1

SB 104 concurred in as follows:

Ayes: Adams, Ahner, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 86

Noes: Anderson, Arnott, Curtiss, DeBruycker, Feland, Grinde, Holland, Jore, Keenan, Orr, Sliter, Vick, Wagner.

Total 13

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Prouse, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: None.

Total 0

SB 108 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Carey, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 90

Noes: Arnott, Brainard, DeBruycker, Feland, Jore, Keenan, Prouse, Whitehead.

Total 8

Voted Absentee: Ellis, Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, Prouse, Noes.

Excused: Clark.

Total 1

Absent or not voting: Hurdle.

Total 1

SB 124 concurred in as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Carey, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ewer, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 83

Noes: Adams, Arnott, Boharski, Brainard, DeBruycker, Feland, Grinde, Jore, Keenan, Orr, Prouse, Sliter, Vick, Wagner, Walters.

Total 15

Voted Absentee: Kitzenberg, McCann, Pease, Ryan, Ayes; Brainard, Prouse, Noes.

Excused: Clark, Ellis.

Total 2

Absent or not voting: None.

Total 0

SB 142 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 98

Noes: Simpson.

Total 1

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Prouse, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: None.

Total 0

SB 158 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 99

Noes: None.

Total 0

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Prouse, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: None.

Total 0

SB 160 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 95

Noes: DeBruycker, Hayne, Mills.

Total 3

Voted Absentee: Brainard, Ellis, Kitzenberg, McCann, Pease, Prouse, Ryan, Ayes.

Excused: Clark.

Total 1

Absent or not voting: Krenzler.

Total 1

MOTIONS

HB 512 - Representative Harper moved HB 512 be taken from the table in the Committee on Business & Labor, printed, and placed on second reading this legislative day. Motion failed. (35-57)

HB 504 - Representative Harper moved HB 504 be taken from the table in the Committee on Business & Labor, printed, and placed on second reading this legislative day. Motion failed. (34-58)

HB 327 - Representative Bergman moved HB 327 be taken from the table in the Committee on Select Corrections, printed, and placed on second reading this legislative day.

Representative Sliter moved for previous question. Motion carried.

Motion to move HB 327 from the table failed. (31-57)

HB 5 - Representative DeBruycker moved he be allowed to change his vote on HB 5, amendment #5, second reading, from abstain to nay. Motion carried.

SB 144 - Representative Mills moved he be allowed to change his vote on SB 144, second reading, from abstain to aye. Motion carried.

HB 249 - Representative Grinde moved the primary sponsor of HB 249 be changed from Representative Cobb to Representative Ohs. Motion carried.

SB 99 - Representative Boharski moved he be allowed to change his vote on SB 99, third reading, from nay to aye. Motion carried.

REPORTS OF STANDING COMMITTEES

APPROPRIATIONS (Zook, Chairman): 3/15/97

HB 14, introduced bill, be amended as follows:

1. Title, line 8.

Following: "APPROPRIATIONS;"

Insert: "AMENDING SECTION 12, CHAPTER 774, LAWS OF 1991;"

2. Page 1, line 20.

Following: "other funds."

Insert: "(1)"

3. Page 1, line 28.

Strike: "2,281,000"

Insert: "678,902"

4. Page 1, line 30.

Strike: "Three Additional Regional Correctional Facilities"

Insert: "One Additional Regional Correctional Facility"

Strike: "11,400,000"

Insert: "500,000"

5. Page 2, line 2.

Strike: "11,300,000"

Insert: "10,306,000"

6. Page 2, line 4.

Strike: "13,074,000"

Insert: "5,340,000"

7. Page 2, line 5.

Strike: line 5 in its entirety.

8. Page 2, line 8.

Strike: "1,700,000"

Insert: "963,600"

9. Page 2, line 10.

Strike: "5,856,000"

Insert: "5,623,113"

10. Page 2, line 12.

Strike: "1,000,000"

Insert: "1,028,000"

11. Page 2, line 14.

Strike: "4,950,000"

Insert: "3,950,000"

12. Page 2, following line 14.

Insert: "Addition to Special Education Building,

MSU-Billings 7,004,000

(2) It is the intent of the 55th legislature that at least 50% of all future operations and maintenance costs for the special education building addition at MSU-Billings be funded by Montana state university and that no more than 50% be funded with general fund money."

13. Page 2, line 17.

Strike: "$61,808,700"

Insert: "$43,319,315"

14. Page 3, following line 15.

Insert: "Section 8. Section 12, Chapter 774, Laws of 1991, providing appropriations of bond proceeds to the department of administration for capital projects on page 2877, Laws of 1991, is amended to read:

"Construct Women's Correction Center 10,075,600 6,261,100""

Renumber: subsequent sections

And, as amended, do pass. Report adopted.

HB 47, introduced bill, be amended as follows:

1. Title, line 5.

Strike: "BY 3.5 PERCENT"

2. Title, line 6.

Following: "SCHOOLS"

Insert: "IN FISCAL YEAR 1998 AND FISCAL YEAR 1999"

Following: the first ";"

Insert: "APPROPRIATING FUNDS FOR DIRECT STATE AID AND GUARANTEED TAX BASE AID;"

3. Title, line 7.

Strike: "A DELAYED"

Following: "EFFECTIVE"

Strike: "DATE AND AN"

Insert: "DATES,"

Strike: "DATE"

Insert: "DATES, AND A TERMINATION DATE"

4. Page 2, line 3.

Strike: "$197,690"

Insert: "$200,000"

5. Page 2, line 4.

Strike: "$17,790"

Insert: "$18,000"

6. Page 2, line 8.

Strike: "$17,790"

Insert: "$18,000"

7. Page 2, line 10.

Strike: "$197,690"

Insert: "$200,000"

8. Page 2, line 22.

Strike: "$4,843"

Insert: "$4,726"

9. Page 2, line 26.

Strike: "$3,459"

Insert: "$3,376"

10. Page 3, line 1.

Strike: "$3,459"

Insert: "$3,376"

11. Page 3, line 4.

Strike: "$4,843"

Insert: "$4,726"

12. Page 3, line 7.

Insert: "Section 2.  Section 20-9-306, MCA, is amended to read:

"20-9-306.   Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:

(1)  "BASE" means base amount for school equity.

(2)  "BASE aid" means:

(a)  direct state aid for 40% of the basic entitlement and 40% of the total per-ANB entitlement for the general fund budget of a district; and

(b)  guaranteed tax base aid for an eligible district for any amount up to 40% of the basic entitlement, up to 40% of the total per-ANB entitlement budgeted in the general fund budget of a district, and up to 40% of the special education allowable cost payment.

(3)  "BASE budget" means the minimum general fund budget of a district, which includes 80% of the basic entitlement, 80% of the total per-ANB entitlement, and up to 140% of the special education allowable cost payment.

(4)  "BASE budget levy" means the district levy in support of the BASE budget of a district, which may be supplemented by guaranteed tax base aid if the district is eligible under the provisions of 20-9-366 through 20-9-369.

(5)  "BASE funding program" means the state program for the equitable distribution of the state's share of the cost of Montana's basic system of public elementary schools and high schools, through county equalization aid as provided in 20-9-331 and 20-9-333 and state equalization aid as provided in 20-9-343, in support of the BASE budgets of districts and special education allowable cost payments as provided in 20-9-321.

(6)  "Basic entitlement" means:

(a)  $191,000 $200,000 for each high school district;

(b)  $17,190 $18,000 for each elementary school district or K-12 district elementary program without an approved and accredited junior high school or middle school; and

(c)  the prorated entitlement for each elementary school district or K-12 district elementary program with an approved and accredited junior high school or middle school, calculated as follows:

(i)  $17,190 $18,000 times the ratio of the ANB for kindergarten through grade 6 to the total ANB of kindergarten through grade 8; plus

(ii) $191,000 $200,000 times the ratio of the ANB for grades 7 and 8 to the total ANB of kindergarten through grade 8.

(7)  "Direct state aid" means 40% of the basic entitlement and 40% of the total per-ANB entitlement for the general fund budget of a district and funded with state and county equalization aid.

(8)  "Maximum general fund budget" means a district's general fund budget amount calculated from the basic entitlement for the district, the total per-ANB entitlement for the district, and up to 153% of special education allowable cost payments.

(9)  "Over-BASE budget levy" means the district levy in support of any general fund amount budgeted that is above the BASE budget and below the maximum general fund budget for a district.

(10) "Total per-ANB entitlement" means the district entitlement resulting from the following calculations:

(a)  for a high school district or a K-12 district high school program, a maximum rate of $4,680 $4,773 for the first ANB is decreased at the rate of 50 cents per ANB for each additional ANB of the district up through 800 ANB, with each ANB in excess of 800 receiving the same amount of entitlement as the 800th ANB;

(b)  for an elementary school district or a K-12 district elementary program without an approved and accredited junior high school or middle school, a maximum rate of $3,343 $3,410 for the first ANB is decreased at the rate of 20 cents per ANB for each additional ANB of the district up through 1,000 ANB, with each ANB in excess of 1,000 receiving the same amount of entitlement as the 1,000th ANB; and

(c)  for an elementary school district or a K-12 district elementary program with an approved and accredited junior high school or middle school, the sum of:

(i)  a maximum rate of $3,343 $3,410 for the first ANB for kindergarten through grade 6 is decreased at the rate of 20 cents per ANB for each additional ANB up through 1,000 ANB, with each ANB in excess of 1,000 receiving the same amount of entitlement as the 1,000th ANB; and

(ii) a maximum rate of $4,680 $4,773 for the first ANB for grades 7 and 8 is decreased at the rate of 50 cents per ANB for each additional ANB for grades 7 and 8 up through 800 ANB, with each ANB in excess of 800 receiving the same amount of entitlement as the 800th ANB."

NEW SECTION. Section 3.  Appropriation. There is appropriated from the general fund $13,929,000 for the biennium ending June 30, 1999, for direct state aid and guaranteed tax base aid."

Renumber: subsequent section

13. Page 3, line 8.

Strike: "date"

Insert: "dates"

Following: "applicability."

Insert: "(1) Except as provided in subsection (2),"

Strike: "This"

Insert: "this"

Strike: "1998"

Insert: "1997"

14. Page 3, line 9.

Following: "for"

Insert: "the"

Strike: "years"

Insert: "year"

Strike: "on or after"

Strike: "1998"

Insert: "1997"

15. Page 3, line 10.

Insert: "(2) [Section 2] is effective July 1, 1998, and applies to school budgets for school fiscal years beginning on or after July 1, 1998.

NEW SECTION. Section 5.  Termination. [Section 1] terminates June 30, 1998."

And, as amended, do pass. Report adopted.

HB 188, introduced bill, be amended as follows:

1. Page 2, line 3.

Strike: "$17,750,000"

Insert: "$14,000,000"

2. Page 2, line 12.

Strike: "22,200,000"

Insert: "19,800,000"

3. Page 2, line 13.

Strike: line 13 in its entirety.

4. Page 2, lines 18 and 19.

Strike: lines 18 and 19 in their entirety.

5. Page 2, line 22.

Strike: "$55,050,000"

Insert: "$37,900,000"

6. Page 2, following line 30.

Insert: "(3) It is the intent of the 55th legislature that bonds sold to purchase equipment be issued for a term that reflects the life of the assets. Therefore, of the $33.8 million in bonding for the integrated revenue and tax systems and the MT PRRIME projects, $1.75 million in bonds must be sold for a term of 4 years and $4.45 million in bonds must be sold for a term of 5 years. The remaining $27.6 million in bonds for these projects must be sold for a term of 10 years.

(4) It is the intent of the 55th legislature that if money becomes available from the federal department of labor for year 2000 compliance, the money must be used to pay debt service or retire outstanding principal on the $3.6 million worth of bonds issued for the unemployment benefit package project. However, the Montana department of labor and industry shall maintain the flexibility to use some of the federal funds to replace base grant funds expended for year 2000 compliance purposes."

7. Page 3, line 13.

Strike: "$12,600,000"

Insert: "$11,000,000"

8. Page 3, line 25.

Strike: "(1)"

9. Page 3, line 28.

Following: "revenue"

Strike: ","

Insert: "and"

Following: "industry"

Strike: ", and the Montana university system"

10. Page 3, line 30.

Strike: "(a)"

Insert: "(1)"

Renumber: subsequent subsections

11. Page 4, line 6.

Strike: "(i)"

Insert: "(a)"

Renumber: subsequent subsection

12. Page 4, line 6.

Following: "systems;"

Insert: "and"

13. Page 4, line 8.

Strike: "; and"

Insert: "."

14. Page 4, line 9.

Strike: line 9 in its entirety.

15. Page 4, lines 10 through 16.

Strike: lines 10 through 16 in their entirety.

And, as amended, do pass. Report adopted.

HB 578, introduced bill, do pass. Report adopted.

 

 

ANNOUNCEMENTS

Representative Grinde moved the House adjourn until 8:30 a.m., Monday, March 17, 1997. Motion carried.

House adjourned at 3:44 p.m.

John Mercer, Speaker

Marilyn Miller, Chief Clerk