Helena, Montana Senate Chambers

February 22, 1997 State Capitol

Senate convened at 8:00 a.m. President Aklestad presiding. Invocation by Reverend Tom Banks. Pledge of Allegiance to the Flag.

Roll call. All members present except Senators, Doherty, Gage, Hargrove, McNutt, Mesaros, Thomas, Wilson. Quorum present.

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

Miller, Chairman

BILLS AND JOURNAL (Miller, Chairman): 2/22/97

SB 349, SB 359, SB 375, SB 378, SB 379, HB 131.

BUSINESS & INDUSTRY (Hertel, Chairman): 2/21/97

HB 117, be amended as follows:

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

EDUCATION & CULTURAL RESOURCES (Toews, Chairman): 2/2297

SB 262, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

SB 370, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

JUDICIARY (Crippen, Chairman): 2/22/97

SB 374, introduced bill, be amended as follows:

Insert: ": (i) a depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(c);

(ii) an institution-affiliated party, as defined in the Federal Deposit Insurance Act, 12 U.S.C. 1813(u);

(iii) any federal credit union or state credit union, as defined in section 101 of the Federal Credit Union Act, 12 U.S.C. 1752, including an institution-affiliated party of such a credit union, as defined in section 206(r) of the act, 12 U.S.C. 1786(r); and

(iv) any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the state"

"87-1-108.   Suspension of privileges for failure to comply with citation or sentence. (1) A person who fails to comply with the terms of a court citation, the terms of an administrative suspension, or fails to fulfill the obligations of any court-imposed sentence for a wildlife violation under this title, resulting in the issuance of a warrant for his the person's arrest, shall surrender any current hunting, fishing, and trapping licenses to the department, and his the person's privileges to hunt, fish, and trap and to hold a valid license to hunt, fish, or trap are suspended until the terms of the court citation or sentence are satisfied.

(2)  A person who loses his the person's privileges under this section or through an administrative process must be notified by the department or by the administrative authority in person or by mail. A person who hunts, fishes, traps, purchases licenses, or refuses to surrender any current hunting, fishing, or trapping license in violation of this section is guilty of a misdemeanor and subject to the penalties prescribed in 87-1-102.""

And, as amended, do pass. Report adopted.

SB 382, introduced bill, be amended as follows:

And, as amended, do pass. Report adopted.

SB 383, introduced bill, be amended as follows:

Page 4, line 7.

Page 6, lines 20, 24, and 26.

Page 9, lines 10 and 11.

And, as amended, do pass. Report adopted.

LEGISLATIVE ADMINISTRATION (Foster, Chairman): 2/19/97

MR. PRESIDENT:

We, your committee on Legislative Administration recommend that employment of the following attaches of the Senate be terminated as of 5:00 p.m., Saturday, February 22, 1997:

TITLE NAME

Pages: Tara Benedict

Sonia Gomez

Ryan Kelly

Brooke Kuhl

Drew Markle

Matt Mesaros

Olivia Nisbet

Anne Pichette

Sheri Ridgway

and recommend that the following attaches of the Senate be employed as of 8:00 a.m., Monday, February 24, 1997:

TITLE NAME

Pages: Seth Beattie

Jaida Mangold

Amy Olsen

Frances Perry

Lacey Raynor

Andy Stoltenberg

Joe Turkiewitz

Jodie Wooley

Report adopted.

PUBLIC HEALTH, WELFARE, & SAFETY (Benedict, Chairman): 2/22/97

SB 338, introduced bill, be amended as follows:

"50-50-102.   Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1)  "Baked goods" means breads, cakes, candies, cookies, pastries, and pies that are not potentially hazardous foods.

(2)  (a) "Commercial establishment" means an establishment operated primarily for profit.

(b)  The term does not include a farmer's market.

(3)  "Department" means the department of public health and human services provided for in 2-15-2201.

(4)  "Establishment" means a food manufacturing establishment, meat market, food service establishment, food warehouse, frozen food plant, commercial food processor, or perishable food dealer.

(5)  "Farmer's market" means a farm premises, a roadside stand owned and operated by a farmer, or an organized market authorized by the appropriate municipal or county authority.

(6)  "Food" means an edible substance, beverage, or ingredient used, intended for use, or for sale for human consumption.

(7)  "Food manufacturing establishment" means a commercial establishment and buildings or structures in connection with it used to manufacture or prepare food for sale or human consumption, but does not include milk producers' facilities, milk pasteurization facilities, milk product manufacturing plants, slaughterhouses, or meat packing plants.

(8)  (a) "Food service establishment" means a fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, sandwich shop, soda fountain, food store serving food or beverage samples, food or drink vending machine, tavern, bar, cocktail lounge, nightclub, industrial feeding establishment, catering kitchen, commissary, private organization routinely serving the public, or similar place where food or drink is prepared, served, or provided to the public with or without charge.

(b)  The term does not include establishments, vendors, or vending machines that sell or serve only packaged, nonperishable foods in their unbroken, original containers or a private organization serving food only to its members.

(c) The term does not include a seasonal establishment or a small establishment, as defined in 50-51-102, that serves food only to its registered guests.

(9)  (a) "Food warehouse" means a commercial establishment and buildings or structures in connection with it used to store food, drugs, or cosmetics for distribution to retail outlets.

(b)  The term does not include a wine, beer, or soft drink warehouse that is separate from facilities where brewing occurs.

(10) "Frozen food plant" means a place used to freeze, process, or store food, including facilities used in conjunction with the frozen food plant, and a place where individual compartments are offered to the public on a rental or other basis.

(11) "Meat market" means a commercial establishment and buildings or structures in connection with it used to process, store, or display meat or meat products for sale to the public or for human consumption.

(12) "Nonprofit organization" means any organization qualifying as a tax-exempt organization under 26 U.S.C. 501.

(13) "Perishable food dealer" means a person or commercial establishment that is in the business of purchasing and selling perishable food to the public.

(14) "Person" means a person, partnership, corporation, association, cooperative group, or other entity engaged in operating, owning, or offering services of an establishment.

(15) (a) "Potentially hazardous food" means a food that is natural or synthetic and is in a form capable of supporting:

(i)  the rapid and progressive growth of infectious or toxigenic microorganisms; or

(ii)  the growth and toxin production of Clostridium botulinum.

(b)  The term includes cut melons, garlic and oil mixtures, a food of animal origin that is raw or heat-treated, and a food of plant origin that is heat-treated or consists of raw seed sprouts.

(c)  The term does not include:

(i)  an air-cooled, hard-boiled egg with intact shell;

(iii) a food with a water activity (aw) value of 0.85 or less;

(iv) a food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution; or

(v)  a food for which laboratory evidence is accepted by the department as demonstrating that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of Clostridium botulinum cannot occur.

(b)  The term does not include:

(i)  tomatoes or food products containing tomatoes; or

(ii) any other food substrate or product preserved by any method other than that described in subsection (16)(a).

(17) "Raw and unprocessed farm products" means fruits, vegetables, and grains sold at a farmer's market in their natural state that are not packaged and labeled and are not:

(a)  cooked;

(b)  canned;

(c)  preserved, except for drying;

(d)  combined with other food products; or

(e)  peeled, diced, cut, blanched, or otherwise subjected to value-adding procedures.""

guests at one time"

Insert: "(5) The department shall develop guidelines for county sanitarians to ensure the uniform application of rules statewide. The guidelines must be relative to each type of establishment.

(6) Upon receiving an application for licensure, the department shall timely provide the applicant with a copy of the rules appropriate for the applicant's type of establishment."

11. Page 4, line 16.

Insert: "(1) Except as provided in subsection (2), each license expires on December 31 following its date of issue unless canceled for cause.

(2) The department may amend or issue licenses to provide for staggered expiration dates. The department may provide for initial license terms of greater than 12 months but no more than 23 months in adopting staggered expiration dates. Thereafter, licenses expire annually. A license fee for the term of a license during implementation of staggered licenses may be prorated by the department."

Insert: "NEW SECTION. Section 8. Coordination instruction. If Senate Bill No. 118 is not passed and approved:

(1) Section 50-50-102(8)(c) of these amendments must include the words "bed and breakfast or a" following "include a";

(2) Section 50-51-102 must include the following definition: "(1) "Bed and breakfast" means a private, owner- or manager-occupied residence that is used as a private residence but in which:

(a) breakfast is served and is included in the charge for a guest room; and

(b) the number of daily guests served does not exceed 18."

(3) 50-51-102(2) and (6) of the first reading copy of this bill must include "bed and breakfast," following "motel,".

(4) 50-51-401(2) of the first reading copy of this bill must include the words "a bed and breakfast or" following "against"."

And, as amended, do pass. Report adopted.

SB 365, introduced bill, be amended as follows:

4. Statement of intent, Page 1, line 29.

quality assurance"

NEW SECTION. Section 30.  Definitions. As used in [sections 8 through 29], the following definitions apply:

(1) "Board" means the board of network adequacy and quality assurance provided for in [section 31].

(2) "Closed plan" means a managed care plan that requires covered persons to use only participating providers under the terms of the managed care plan.

(3) "Combination plan" means an open plan with a closed component.

(4) "Covered benefits" means those health care services to which a covered person is entitled under the terms of a health benefit plan.

(5) "Covered person" means a policyholder, subscriber, or enrollee or other individual participating in a health benefit plan.

(6) "Department" means the department of public health and human services established in 2-15-2201.

(7) "Emergency medical condition" means a condition manifesting itself by symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected to result in any of the following:

(a) the covered person's health would be in serious jeopardy;

(b) the covered person's bodily functions would be seriously impaired; or

(c) a bodily organ or part would be seriously damaged.

(8) "Emergency services" means health care items and services furnished or required to evaluate and treat an emergency medical condition.

(9) "Facility" means an institution providing health care services or a health care setting, including but not limited to a hospital, medical assistance facility, as defined in 50-5-101, or other licensed inpatient center, an ambulatory surgical or treatment center, a skilled nursing center, a residential treatment center, a diagnostic, laboratory, or imaging center, or a rehabilitation or other therapeutic health setting.

(10) "Health benefit plan" means a policy, contract, certificate, or agreement entered into, offered, or issued by a health carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services.

(11) "Health care professional" means a physician or other health care practitioner licensed, accredited, or certified pursuant to the laws of this state to perform specified health care services consistent with state law.

(12) "Health care provider" or "provider" means a health care professional or a facility.

(13) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.

(14) "Health carrier" means an entity subject to the insurance laws and rules of this state that contracts, offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a disability insurer, health maintenance organization, or health service corporation or another entity providing a health benefit plan.

(15) "Intermediary" means a person authorized to negotiate, execute, and be a party to a contract between a health carrier and a provider or between a health carrier and a network.

(16) "Managed care plan" means a health benefit plan that either requires or creates incentives, including financial incentives, for a covered person to use health care providers managed, owned, under contract with, or employed by a health carrier, but not preferred provider organizations or other provider networks operated in a fee-for-service indemnity environment.

(17) "Medically necessary" means services or supplies that are necessary and appropriate for the treatment of a covered person's emergency medical condition or for the preventive care of a covered person according to accepted standards of medical practice.

(18) "Network" means the group of participating providers that provides health care services to a managed care plan.

(19) "Open plan" means a managed care plan other than a closed plan that provides incentives, including financial incentives, for covered persons to use participating providers under the terms of the managed care plan.

(20) "Participating provider" means a provider who, under a contract with a health carrier or with the health carrier's contractor, subcontractor, or intermediary, has agreed to provide health care services to covered persons with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly or indirectly from the health carrier.

(21) "Primary care professional" means a participating health care professional designated by the health carrier to supervise, coordinate, or provide initial care or continuing care to a covered person and who may be required by the health carrier to initiate a referral for specialty care and to maintain supervision of health care services rendered to the covered person.

(22) "Quality assessment" means the measurement and evaluation of the quality and outcomes of medical care provided to individuals, groups, or populations.

(23) "Quality assurance" means quality assessment and quality improvement.

(24) "Quality improvement" means an effort to improve the processes and outcomes related to the provision of health care services within a health plan.

NEW SECTION. Section 31. Board of network adequacy and quality assurance. (1) There is a board of network adequacy and quality assurance. The board is composed of a medical director, the director of the department of public health and human services, provided for in 2-15-2201, and the commissioner of insurance, provided for in 2-15-1903.

(2) The medical director is appointed by the governor and must be licensed as a physician by the state of Montana. The medical director must be a specialist in either family practice or internal medicine. The governor may remove a medical director at any time and appoint a new medical director to the position.

(3) The general powers and duties of the board are provided in [section 32].

(4) The board is attached for administrative purposes to the department pursuant to 2-15-121.

NEW SECTION. Section 32. Board -- general powers and duties. The board shall:

(1) periodically review the state network adequacy and quality assurance standards provided in [sections 8 through 29] and the rules implementing [sections 8 through 29];

(2) recommend corrective action necessary for the health carrier to achieve compliance with state network adequacy and quality assurance standards; and

(3) recommend action to the commissioner against a health carrier whose managed care plan does not comply with standards for network adequacy and quality assurance adopted by the board."

NEW SECTION. Section 37. Termination. [Section 10] terminates June 30, 2001."

And, as amended, do pass. Report adopted.

SB 367 - Senator Bartlett moved that Grinde, Simon, Hibbard, Ewer, and Cocchiarella be added as sponsors to SB 367. Motion carried.

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

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

SB 316 - Senator Bartlett moved SB 316 do pass. Motion carried unanimously.

Senators McNutt, Hargrove, Mesaros, Brooke, Gage, Thomas and Wilson present at this time.

SB 211 - Senator Devlin moved SB 211 do pass. Motion carried as follows:

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

Total 44

Nays: Bishop, Gage, Glaser, Jergeson, Miller, Toews.

Total 6

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 321 - Senator Halligan moved SB 321, second reading copy, be amended as follows:

Insert: "; and

(c) in consultation with interested persons under subsection (1)(a), develop voluntary model rules and regulations for mobile home courts"

7. Page 4, lines 2 through 5.

Amendment adopted as follows:

Yeas: Bartlett, Bishop, Brooke, Crippen, Doherty, Eck, Estrada, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Nelson, Shea, Sprague, Stang, Van Valkenburg, Waterman, Wilson.

Total 30

Nays: Baer, Beck, Benedict, Burnett, Christiaens, Cole, Crismore, DePratu, Devlin, Emerson, Foster, Harp, Hertel, Miller, Mohl, Swysgood, Taylor, Thomas, Toews, Mr. President.

Total 20

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Grosfield moved SB 321, second reading copy, be further amended as follows:

Amendment adopted as follows:

Yeas: Baer, Bartlett, Benedict, Bishop, Brooke, Christiaens, Cole, Crippen, Crismore, DePratu, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Glaser, Grosfield, Halligan, Hargrove, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 42

Nays: Beck, Burnett, Devlin, Gage, Harp, Swysgood, Taylor, Thomas.

Total 8

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Halligan moved SB 321, as amended, do pass. Motion failed as follows:

Yeas: Bartlett, Bishop, Brooke, Crippen, Doherty, Eck, Estrada, Franklin, Glaser, Grosfield, Halligan, Hargrove, Jergeson, Lynch, Mahlum, McCarthy, Nelson, Shea, Sprague, Stang, Van Valkenburg, Waterman, Wilson.

Total 23

Nays: Baer, Beck, Benedict, Burnett, Christiaens, Cole, Crismore, DePratu, Devlin, Emerson, Foster, Gage, Harp, Hertel, Holden, Jabs, Jenkins, Keating, McNutt, Mesaros, Miller, Mohl, Swysgood, Taylor, Thomas, Toews, Mr. President.

Total 27

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 324 - Senator Estrada moved SB 324 do pass. Motion carried unanimously.

SJR 8 - Senator Estrada moved SJR 8 be adopted. Motion carried unanimously.

SB 319 - Senator Stang moved SB 319, second reading copy, be amended as follows:

"20-9-366.   Definitions. As used in 20-9-366 through 20-9-369, the following definitions apply:

(1)  "County retirement mill value per elementary ANB" or "county retirement mill value per high school ANB" means the sum of the taxable valuation in the previous year of all property in the county divided by 1,000, with the quotient divided by the total county elementary ANB count or the total county high school ANB count used to calculate the elementary school districts' and high school districts' current year total per-ANB entitlement amounts.

(2)  (a) "District guaranteed tax base ratio" for guaranteed tax base funding for the BASE budget of an eligible district means the taxable valuation in the previous year of all property in the district divided by the sum of the district's current year direct state aid and 40% of the special education allowable cost payment.

(b) "District mill value per ANB", for school facility entitlement purposes, means the taxable valuation in the previous year of all property in the district divided by 1,000, with the quotient divided by the ANB count of the district used to calculate the district's current year total per-ANB entitlement amount.

(3)  (a) "Statewide elementary guaranteed tax base ratio" or "statewide high school guaranteed tax base ratio", for guaranteed tax base funding for the BASE budget of an eligible district, means:

(i) for the school fiscal year beginning July 1, 1997, the sum of the taxable valuation in the previous year of all property in the state, multiplied by 175% 194% and divided by the total sum of either the state elementary school districts' or the high school districts' current year total direct state aid and 40% of special education allowable cost amounts; and

(b)  "Statewide mill value per elementary ANB" or "statewide mill value per high school ANB", for school facility entitlement and retirement guaranteed tax base purposes, means the sum of the taxable valuation in the previous year of all property in the state, multiplied by 121% and divided by 1,000, with the quotient divided by the total state elementary ANB count or the total state high school ANB amount used to calculate the elementary school districts' and high school districts' current year total per-ANB entitlement amounts.""

Amendment adopted unanimously.

Senator Foster moved SB 319, second reading copy, be further amended as follows:

Amendment adopted as follows:

Yeas: Baer, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Estrada, Foster, Franklin, Halligan, Hargrove, Harp, Hertel, Jabs, Jenkins, Jergeson, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Wilson, Mr. President.

Total 40

Nays: Bartlett, Emerson, Gage, Glaser, Grosfield, Holden, Keating, Miller, Toews, Waterman.

Total 10

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Stang moved SB 319, as amended, do pass. Motion carried as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Nelson, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 44

Nays: Gage, Glaser, Lynch, McCarthy, Shea, Toews.

Total 6

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 327 - Senator Doherty moved SB 327 do pass. Motion failed as follows:

Yeas: Bartlett, Bishop, Brooke, Christiaens, Crippen, Doherty, Eck, Franklin, Halligan, Hertel, Jabs, Jergeson, Lynch, McCarthy, Nelson, Shea, Sprague, Stang, Van Valkenburg, Waterman, Wilson.

Total 21

Nays: Baer, Beck, Benedict, Burnett, Cole, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Holden, Jenkins, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Swysgood, Taylor, Thomas, Toews, Mr. President.

Total 29

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 297 - Senator Brooke moved SB 297 do pass. Motion carried as follows:

Yeas: Baer, Bartlett, Benedict, Bishop, Brooke, Christiaens, Cole, Crippen, DePratu, Doherty, Eck, Estrada, Foster, Franklin, Gage, Grosfield, Halligan, Hargrove, Harp, Hertel, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Nelson, Shea, Sprague, Stang, Taylor, Thomas, Van Valkenburg, Waterman, Wilson.

Total 38

Nays: Beck, Burnett, Crismore, Devlin, Emerson, Glaser, Holden, Jabs, Mohl, Swysgood, Toews, Mr. President.

Total 12

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 238 - Senator Devlin moved SB 238 do pass. Motion carried unanimously.

SB 368 - Senator Lynch moved SB 368 do pass. Motion carried unanimously.

Senator Christiaens assumed the chair.

SB 280 - Senator Van Valkenburg moved SB 280 do pass. Motion carried as follows:

Yeas: Baer, Bartlett, Beck, Bishop, Brooke, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Harp, Hertel, Holden, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson.

Total 41

Nays: Benedict, Burnett, Emerson, Estrada, Hargrove, Jabs, Jenkins, Sprague, Mr. President.

Total 9

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Van Valkenburg resumed the chair.

SB 296 - Senator Jergeson moved SB 296 do pass. Motion carried unanimously.

SB 341 - Senator Stang moved SB 341 do pass. Motion carried unanimously.

SB 315 - Senator McCarthy moved SB 315 do pass. Motion carried unanimously.

SB 335 - Senator Jenkins moved SB 335 do pass. Motion carried unanimously.

SB 344 - Senator Harp moved SB 344 do pass. Motion carried as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 49

Nays: Stang.

Total 1

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 360 - Senator Crippen moved SB 360 do pass. Motion carried as follows:

Yeas: Bartlett, Beck, Brooke, Christiaens, Cole, Crippen, Crismore, DePratu, Doherty, Eck, Franklin, Glaser, Grosfield, Halligan, Hertel, Holden, Jabs, Jergeson, Mahlum, McCarthy, Mesaros, Miller, Mohl, Nelson, Shea, Stang, Thomas, Van Valkenburg, Waterman, Wilson.

Total 30

Nays: Baer, Benedict, Bishop, Burnett, Devlin, Emerson, Estrada, Foster, Gage, Hargrove, Harp, Jenkins, Keating, Lynch, McNutt, Sprague, Swysgood, Taylor, Toews, Mr. President.

Total 20

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 369 - Senator Swysgood moved SB 369 do pass. Motion carried unanimously.

SJR 10 - Senator Beck moved SJR 10 be adopted. Motion carried unanimously.

SB 268 - Senator Harp moved SB 268, second reading copy, be amended as follows:

Amendment adopted as follows:

Yeas: Baer, Beck, Benedict, Bishop, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Franklin, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Lynch, Mahlum, McNutt, Mohl, Sprague, Swysgood, Toews, Mr. President.

Total 28

Nays: Bartlett, Brooke, Burnett, Christiaens, Doherty, Eck, Gage, Glaser, Grosfield, Jergeson, Keating, McCarthy, Mesaros, Miller, Nelson, Shea, Stang, Taylor, Thomas, Van Valkenburg, Waterman, Wilson.

Total 22

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Keating moved SB 268, as amended, do pass. Motion failed as follows:

Yeas: Baer, Burnett, Crippen, DePratu, Eck, Gage, Grosfield, Hargrove, Holden, Keating, Miller, Taylor, Wilson.

Total 13

Nays: Bartlett, Beck, Benedict, Bishop, Brooke, Christiaens, Cole, Crismore, Devlin, Doherty, Emerson, Estrada, Foster, Franklin, Glaser, Halligan, Harp, Hertel, Jabs, Jenkins, Jergeson, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Thomas, Toews, Van Valkenburg, Waterman, Mr. President.

Total 37

Absent or not voting: None.

Total 0

Excused: None.

Total 0

The Senate stood at ease to allow the introduction of retired Justice John C. Harrison and a group of Montana Eagle Scouts.

Senate resumed.

SB 272 - Senator Aklestad moved SB 272 do pass. Motion carried unanimously.

SB 301 - Senator Doherty moved SB 301 do pass. Motion carried as follows:

Yeas: Bartlett, Beck, Bishop, Brooke, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Hertel, Holden, Jabs, Jergeson, Keating, Lynch, McCarthy, McNutt, Mesaros, Miller, Nelson, Shea, Sprague, Stang, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson.

Total 39

Nays: Baer, Benedict, Burnett, Emerson, Estrada, Harp, Jenkins, Mahlum, Mohl, Swysgood, Mr. President.

Total 11

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 313 - Senator Brooke moved SB 313 do pass. Motion carried unanimously.

SB 317 - Senator Eck moved SB 317 do pass. Motion failed as follows:

Yeas: Bartlett, Benedict, Bishop, Brooke, Christiaens, Crippen, DePratu, Doherty, Eck, Estrada, Franklin, Grosfield, Halligan, Jenkins, Jergeson, Lynch, McCarthy, Nelson, Shea, Sprague, Stang, Van Valkenburg, Waterman, Wilson.

Total 24

Nays: Baer, Beck, Burnett, Cole, Crismore, Devlin, Emerson, Foster, Gage, Glaser, Hargrove, Harp, Hertel, Holden, Jabs, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Swysgood, Taylor, Thomas, Toews, Mr. President.

Total 26

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 322 - Senator Grosfield moved SB 322 do pass. Motion failed as follows:

Yeas: Bishop, Cole, Crismore, DePratu, Doherty, Eck, Estrada, Foster, Franklin, Gage, Grosfield, Halligan, Hargrove, Keating, Lynch, Mahlum, McCarthy, Mesaros, Miller, Shea, Sprague, Stang, Van Valkenburg, Wilson.

Total 24

Nays: Baer, Bartlett, Beck, Benedict, Brooke, Burnett, Christiaens, Devlin, Emerson, Glaser, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, McNutt, Mohl, Nelson, Swysgood, Taylor, Thomas, Toews, Waterman, Mr. President.

Total 25

Absent or not voting: Crippen.

Total 1

Excused: None.

Total 0

SB 331 - Senator Thomas moved SB 331 do pass. Motion carried unanimously.

SB 332 - Senator Miller moved SB 332 do pass. Motion carried unanimously.

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

Senator Eck made a substitute motion SB 317 be segregated from the Committee of the Whole report and the remainder of the report be adopted. Motion carried as follows:

Yeas: Bartlett, Beck, Benedict, Bishop, Brooke, Christiaens, Cole, Crippen, DePratu, Doherty, Eck, Estrada, Foster, Franklin, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Jabs, Jergeson, Lynch, McCarthy, McNutt, Mesaros, Miller, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 38

Nays: Baer, Burnett, Crismore, Devlin, Emerson, Gage, Holden, Jenkins, Keating, Mahlum, Mohl, Toews.

Total 12

Absent or not voting: None.

Total 0

Excused: None.

Total 0

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

SB 266 passed as follows:

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

Total 48

Nays: Benedict, Sprague.

Total 2

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 284 passed as follows:

Yeas: Baer, Bartlett, Beck, Bishop, Brooke, Christiaens, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 46

Nays: Benedict, Burnett, Cole, Holden.

Total 4

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 298 passed as follows:

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

Total 49

Nays: Franklin.

Total 1

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 303 passed as follows:

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

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 304 passed as follows:

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

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 314 passed as follows:

Yeas: Beck, Benedict, Burnett, Cole, Crippen, Crismore, Devlin, Eck, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, McNutt, Mesaros, Miller, Sprague, Swysgood, Thomas, Toews, Mr. President.

Total 28

Nays: Baer, Bartlett, Bishop, Brooke, Christiaens, DePratu, Doherty, Emerson, Franklin, Halligan, Jergeson, Lynch, Mahlum, McCarthy, Mohl, Nelson, Shea, Stang, Taylor, Van Valkenburg, Waterman, Wilson.

Total 22

Absent or not voting: None.

Total 0

Excused: None.

Total 0

MOTIONS

Senator Shea moved the rules be temporarily suspended to permit the late drafting and introduction of a Senate Joint Resolution concerning certification of home companions. Motion carried as follows:

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

Total 49

Nays: Gage.

Total 1

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Wilson moved the rules be temporarily suspended to permit the late drafting and introduction of a Senate Joint Resolution to honor former Senator Chet Blaylock. Motion carried as follows:

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

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Committee meetings were announced by committee chairmen.

Senator Foster thanked the Senate pages for their work through the week.

Majority Leader Harp moved that the Senate adjourn until 8:00 a.m., Monday, February 24, 1997. Motion carried.

Senate adjourned at 12:59 p.m.

ROSANA SKELTON GARY AKLESTAD

Secretary of Senate President of the Senate