Report: LAW0330L Feb. 21, 2005 at 08:10 PM 2005 MONTANA LEGISLATURE - (406)444-3064 59th Regular Session DAILY SUMMARY OF FLOOR ACTIONS REPORT - Senate Floor Actions for: 02/21/2005 - ----------------------------------------------------------------------- Coding Key F -- Fiscal Note Indica A -- Appropriatio R -- Revenu ----------------------------------------------------------------------- OB # 2 -Reports of Standing Committees Committee Report--Bill Passed (S) Judiciary SB 485 F R Ellingson, J Establish next-of-kin registry SJ 26 Curtiss, A Urge support for Libby asbestos victims OB # 2 -Reports of Standing Committees Committee Report--Bill Passed as Amended (S) Business, Labor, And Economic Affai SB 439 F Gebhardt, K Participation by certain employers in firefighters' unified retirement system (S) Education And Cultural Resources SB 363 Williams, C Revise special education laws SB 419 F Ryan, D Revise moratorium on creation of new school districts SB 445 F Mcgee, D Authorize tuition waiver for qualified national guard members SB 460 Weinberg, D Clarify mail ballot bond election for unified school district SB 468 Mangan, J Revise law on temporary restraining orders (S) Judiciary SB 258 F Wheat, M Revise compensation of surface owner for damage by oil and gas operation SB 435 Wheat, M Revise probate laws SB 452 F R Perry, G Penalty for violation of no contact order SJ 27 Harrington, D Urge opposition to federal tort reform legislation for asbestos victims (S) Public Health, Welfare And Safety SB 440 F Harrington, D Require licensure of specialty hospitals SB 499 F Keenan, B Revise public mental health system laws (S) State Administration OB # 2 -Reports of Standing Committees Committee Report--Bill Passed as Amended (S) State Administration SB 390 F R Balyeat, J Campaign reform -- clean campaign act SB 396 Balyeat, J Limit campaign contributions for supreme court elections SB 431 Barkus, G Allow mayor or city manager to discipline a municipal firefighter OB # 2 -Reports of Standing Committees Sent to Enrolling SR 3 Kitzenberg, S Urge widening of road from Scobey to Wolf Point OB # 6 -Motions Motion Failed SB 218 Vote: 24-26 Tester, J Revise seed contract law--liability for genetically engineered wheat Motion to Reconsider Failed OB # 6 -Motions Rereferred to Committee (S) Finance And Claims SB 499 F Vote: 50-0 Keenan, B Revise public mental health system laws OB # 6 -Motions Special Action Taken SB 111 Keenan, B Revise definition of "practice of law" Blast Motion Failed 17-33 SB 417 F Curtiss, A Governor petition U.S. government for rules on roadless areas in nat't. forests Blast Motion Failed 24-26 OB # 6 -Motions Taken from 2nd Reading; Rereferred to Committee (S) Finance And Claims OB # 6 -Motions Taken from 2nd Reading; Rereferred to Committee (S) Finance And Claims SB 333 F Vote: 50-0 Smith, F Revise laws relating to school retirement costs from certain federal funds SB 428 F Vote: 50-0 Stapleton, C 211 - disaster, emergency, safety, health, human service referral phone service OB # 6 -Motions Taken from Committee; Placed on 2nd Reading (S) Judiciary SB 2 Vote: 34-16 Laible, R Encourage state agencies, local government units to display national motto OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Agriculture, Livestock And Irrigati HB 37 F Lambert, C Retention of interest earned on livestock assessments in per capita fee account HB 195 F R Matthews, G Revise laws governing farm scales HJ 5 Small-Eastman, V Urge USDA to refer to beef industry as United States beef industry (S) Business, Labor, And Economic Affai HB 77 F Olson, B Increase septic pumper application review fees HB 108 Furey, K Revise fund type for wage and hour trust fund HB 118 Mcnutt, W Revise state banking laws HB 126 F Mendenhall, S Revise workers' compensation laws HB 160 F R Jacobson, H Revise building code administration, enforcement provisions HB 168 Becker, A Revise laws governing insurance guarantee association HB 175 F Cohenour, J Allow insurer to withhold court order restitution for theft of WC benefits HB 188 Bergren, B Generally revise insurance laws HB 207 Mckenney, J Revise definition of security for estate purposes HB 223 Jent, L Repeal foreign capital depository act OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Business, Labor, And Economic Affai HB 257 Branae, G Revise permissible term for personal service contracts (S) Education And Cultural Resources HB 20 Dickenson, S Revise eligibility criteria for admittance to school for deaf and blind HB 83 A Campbell, M Revise school district tuition payments (S) Energy And Telecommunications HB 43 R Musgrove, J Require oil and gas producers to itemize charges HB 78 Harris, C Revise permitting of underground storage tanks (S) Fish And Game HB 39 Gutsche, G Revise firearm dealer laws HB 50 Roberts, D DFWP authority to remove species from state endangered species list HB 56 F Warden, B Make fishing access enhancement program permanent HB 81 Ross, J Remove termination date of supplemental game damage licenses HB 82 Ross, J Remove termination date of either-sex or antlerless elk permits for landowners HB 119 F Golie, G Make permanent county recreational boating safety grants, boating advisory cncl HB 131 Clark, P Revise fish and game felony laws (S) Highways And Transportation HB 55 F Wanzenried, D Permanent registration of trailer and semitrailer fleets HB 87 F Ward, J Transfer fleet vehicle registration to Department of Justice HB 101 F R Villa, D Revise fee for term permit for excess gross weight HB 114 Witt, J Extend duration of historic right-of-way on state land HB 135 Brown, D Require cost-effective system for state airline ticket purchasing (S) Judiciary HB 40 F Harris, C Expand coverage of civil and criminal false claims against the state HB 66 Jent, L Discretionary credit against fine for time served if jail and fine imposed HB 66 Jent, L Discretionary credit against fine for time served if jail and OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Judiciary fine imposed HB 90 F Kaufmann, C Extend domestic violence fatality review commission HB 110 F Furey, K Identity theft passport for victims of identity theft HB 128 Jent, L Revise vacating an officer's commission for a felony HB 146 F R Gallik, D Civil false claims act HB 190 Becker, A Revise definition of victim for purpose of right to attend proceedings HB 205 F Parker, J Require bond forfeitures in felonies to be deposited in general fund (S) Local Government HB 103 Driscoll, R Require notice to attorney general for appealed city attorney criminal case HB 142 F Ripley, R Permit issuance of grant or revenue anticipation notes for water, sewer projects HB 212 Sesso, J Energy performance contracting for public buildings HB 226 Mcalpin, D Change name of sheriff's department to sheriff's office (S) Natural Resources HB 144 Kaufmann, C Revise integrated waste management act HB 178 Taylor, J Revise water use act HB 185 Harris, C Authorize joint state-federal holding of reclamation bonds HJ 3 Jackson, V Urge negotiations for availability and cost of water stored in Hungry Horse dam (S) Public Health, Welfare And Safety HB 68 F R Andersen, J Prohibit daycare providing medicine without parental consent HB 138 Roberts, D Require medical examiners board and dentistry board to use screening panels HB 250 Becker, A Revise privacy in communications for emergency calls (S) State Administration HB 21 Gallik, D Bond validating act HB 27 Noennig, M Revise timing of financial reviews by historical society HB 29 F Golie, G Revise definition of "short-term worker" for legislative OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) State Administration purposes HB 30 Wanzenried, D Clarify legislator-elect presession payments HB 53 F A Jacobson, H Conform Board of Horseracing laws to GASB HB 67 Jent, L Revise Montana procurement act HB 85 Kaufmann, C Eliminate outdated reports from Department of Revenue to the legislature HB 107 Jent, L Revise laws governing placement of art and antiquities in and on capitol complex HB 112 Musgrove, J Encourage teleworking HB 139 Gallik, D Adopt most recent version of federal military laws HB 150 Galvin-Halcro, K Montana flags for caskets of public officials HB 154 Jacobson, H Eliminate certain annual reporting requirements for consumer loan businesses HB 155 Barrett, D Revise laws governing disclosure of conflict commissioner of political practices HB 180 Lake, B Revise certain business filing procedures HB 198 Villa, D Define "student intern" in the context of state employment rights and benefits (S) Taxation HB 54 F Small-Eastman, V Credit card payment of taxes administered by the Department of Revenue OB # 8 -Second Reading of Bills 2nd Reading Motion to Amend Carried SB 415 F R Vote: 27-21 Tester, J Expand production and use of alternative energy OB # 8 -Second Reading of Bills 2nd Reading Motion to Amend Carried on Voice Vote SB 486 F R Vote: 50-0 Cocchiarella, V Revise viatical settlement law OB # 8 -Second Reading of Bills OB # 8 -Second Reading of Bills 2nd Reading Motion to Amend Failed SB 481 F Vote: 23-26 Cocchiarella, V Merge occupational diseases into Workers' Compensation Act OB # 8 -Second Reading of Bills 2nd Reading Passed SB 167 F Vote: 37-13 Mangan, J Technology districts -- tax increment financing SB 281 F Vote: 26-24 Williams, C Protection of public health & safety & fish & wildlife under permitting decision SB 333 F Vote: 38-12 Smith, F Revise laws relating to school retirement costs from certain federal funds SB 370 F Vote: 44-6 Squires, C Detention officers included in sheriffs' retirement system SB 378 Vote: 28-22 Wheat, M Allow prefiling request for insurance liability limits for torts SB 462 F Vote: 26-22 Bales, K Revise venue requirements for actions against state agencies SB 478 Vote: 31-18 Gallus, S Restrict emergency rulemaking for implementing a budget reduction SB 487 Vote: 35-15 Pease, G Revise laws on school bus safety SB 489 F Vote: 27-23 Lind, G Use orphan share fund for evaluation and remediation alternatives OB # 8 -Second Reading of Bills 2nd Reading Passed as Amended SB 415 F R Vote: 33-16 Tester, J Expand production and use of alternative energy OB # 8 -Second Reading of Bills 2nd Reading Passed as Amended on Voice Vote SB 486 F R Vote: 50-0 Cocchiarella, V Revise viatical settlement law OB # 8 -Second Reading of Bills 2nd Reading Passed on Voice Vote SB 114 F R Vote: 50-0 Tester, J Penalty for unauthorized insurance transactions SB 174 F Vote: 50-0 Kitzenberg, S Require examiner to administer scheduled motor vehicle driver's OB # 8 -Second Reading of Bills 2nd Reading Passed on Voice Vote license exam SB 301 Vote: 46-4 Story, B Revise laws governing mill levies Senators Cobb, Shockley, Balyeat, and O'Neill Dissenting SB 335 Vote: 45-5 Williams, C Revise laws applicable to blind vendors Senators Lind, Ryan, McGee, Curtiss, and Barkus Dissenting SB 350 Vote: 50-0 Cocchiarella, V Revise subdivision review exemptions SB 380 F R Vote: 50-0 Tester, J Regulate medical care discount cards and pharmacy discount cards SB 383 F Vote: 50-0 Cocchiarella, V Stipend for speech-language pathologist teachers SB 384 Vote: 50-0 Gebhardt, K Clarify authority of Secretary of State to adopt rules to implement duties SB 385 F Vote: 46-4 Esp, J Revise duties for mental health ombudsman to include child protective services Senators Mangan, Weinberg, Ryan, Cocchiarella Dissenting SB 388 Vote: 48-2 Keenan, B Restrict insurer from steering customer to certain auto repair shops Senators Steinbeisser and Hansen Dissenting SB 402 F Vote: 46-4 Perry, G Vital statistics for stillbirth Senators Moss, Cromley, Cocchiarella, and Mangan Dissenting SB 407 F R Vote: 46-4 Grimes, D Revise minor in possession law Senators Cromley, Larson, Cocchiarella, and Ryan Dissenting SB 423 Vote: 50-0 Laslovich, J Revise ignition interlock laws SB 426 F R Vote: 50-0 Stapleton, C Youth privacy for electronic information SB 428 F Vote: 50-0 Stapleton, C 211 - disaster, emergency, safety, health, human service referral phone service SB 429 F R Vote: 48-2 Shockley, J Providing for use of electronic tracking devices in criminal investigations OB # 8 -Second Reading of Bills 2nd Reading Passed on Voice Vote Senators Bales and O'Neill Dissenting SB 443 Vote: 50-0 Roush, G Auto insurance premium reductions for certain national guard members SB 447 Vote: 50-0 Ellingson, J Revise initiative and referendum process SB 451 Vote: 48-2 Wheat, M Revise speech-language and audiologists licensing laws Senators Balyeat and lind Dissenting SB 454 Vote: 50-0 Gebhardt, K Revise requirements for add-on basis consumer loan SB 459 F Vote: 50-0 Tropila, J Transfer motor carrier safety assistance program from justice to transportation SB 461 F Vote: 50-0 Steinbeisser, D Wolf collaring near livestock or population center SB 465 Vote: 50-0 Laslovich, J Standards for chemicals used to remove ice, snow on roads, streets SB 479 Vote: 50-0 Lind, G Direct billing for pathology services SB 481 F Vote: 50-0 Cocchiarella, V Merge occupational diseases into Workers' Compensation Act OB # 9 -Third Reading of Bills 3rd Reading Passed SB 143 F Vote: 37-13 Laible, R Authorize contingent transfer and appropriation from orphan share account SB 285 F R Vote: 48-2 Story, B Organize and simplify motor vehicle laws SB 289 F R Vote: 50-0 Laible, R Exemption from city license fees or tax for certain occupations SB 294 Vote: 48-2 Hawks, B Revise SID protest periods SB 304 F Vote: 31-19 Kitzenberg, S Rawhide, stampede, rustlers, and rendevous trade corridor SB 317 F Vote: 36-14 Lind, G Regulate conversion of health insurer from nonprofit to for- profit status SB 339 F R Vote: 49-1 Balyeat, J Provide low-cost combo sports license for active military personnel SB 347 Vote: 50-0 Lind, G Revise lobbyist reporting SB 349 Vote: 49-1 Cocchiarella, V Require insurer not designate rental company and direct pay for rental cars SB 354 Vote: 26-24 Gallus, S Ban credit scoring in property and auto insurance OB # 9 -Third Reading of Bills 3rd Reading Passed SB 356 Vote: 50-0 Essmann, J Modify PSC authority for protective orders SB 357 F Vote: 50-0 Squires, C Criminal background check required before licensing social workers SB 377 Vote: 46-4 Wheat, M Define municipal use for water use act SB 381 Vote: 50-0 Moss, L Define "child" for criminal laws & revise "sexual abuse of children" law SB 410 Vote: 43-7 Gallus, S Revise law on urban wildlife SB 411 Vote: 48-2 Keenan, B Relocation and reimbursement for outdoor advertising SB 412 F R Vote: 40-10 Cocchiarella, V Provide for regulation of elevator contractors, mechanics, and inspectors SB 418 Vote: 34-16 Hawks, B Revise PAC contributions for local government elections SB 434 Vote: 50-0 Lewis, D Revise insurance form filing and approval law SB 456 Vote: 45-5 Laible, R Prohibit subdivision regulations from including building regulations SB 466 Vote: 50-0 Esp, J Revise mortgage and deed of trust laws SB 470 Vote: 43-7 Harrington, D Certain supreme court meetings to be open SB 472 F Vote: 43-7 Perry, G Revise county jail work program SJ 17 Vote: 38-12 Lind, G Encourage renewable energy development SJ 18 Vote: 28-22 Toole, K Urge President and Congress to support stem cell research SJ 19 Vote: 40-10 Elliott, J Resolution on the USA PATRIOT Act SJ 21 Vote: 46-4 Roush, G Urge continuation of Amtrak passenger rail service SJ 22 Vote: 46-4 Pease, G Urge passage of well-funded highway bill SJ 23 Vote: 49-1 Elliott, J Urge federal trade negotiators to consult with Montana officials SR 3 Vote: 33-17 Kitzenberg, S Urge widening of road from Scobey to Wolf Point