Report: LAW0330L Mar. 10, 2005 at 05:18 PM 2005 MONTANA LEGISLATURE - (406)444-3064 59th Regular Session DAILY SUMMARY OF FLOOR ACTIONS REPORT - Senate Floor Actions for: 02/22/2005 - ----------------------------------------------------------------------- Coding Key F -- Fiscal Note Indica A -- Appropriatio R -- Revenu ----------------------------------------------------------------------- OB # 6 -Motions Motion Failed (S) Judiciary SB 400 Vote: 25-25 Balyeat, J Revise venue for lawsuits against legislature Blast Motion Failed OB # 6 -Motions Taken from 2nd Reading; Rereferred to Committee (S) Finance And Claims SB 439 F Vote: 50-0 Gebhardt, K Participation by certain employers in firefighters' unified retirement system SB 445 F Vote: 50-0 Mcgee, D Authorize tuition waiver for qualified national guard members OB # 6 -Motions Taken from Committee; Placed on 2nd Reading (S) Education And Cultural Resources SB 263 Vote: 31-18 Squires, C Limit term of student regent to one year (S) Energy And Telecommunications SB 364 F Vote: 26-23 Lind, G Environmental labeling and disclosure for electric utilities (S) State Administration SB 495 F Vote: 34-15 Grimes, D Revise campaign ethics laws; discourage certain solicitations of contributions OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Agriculture, Livestock And Irrigati HB 274 F R Peterson, J Revise feed registration and licensing laws HB 351 Butcher, E Require explanation of improvement arbitration HJ 6 Windy Boy, J Urge USDA to locate rural development satellite offices in OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Agriculture, Livestock And Irrigati rural Montana HJ 24 Bergren, B Commemorate Lewis and Clark bicentennial (S) Business, Labor, And Economic Affai HB 71 F R Lake, B Revise license fees on certain mortgage brokers HB 156 Henry, T Revise disability insurance for reciprocity HB 182 F Roberts, D Generally revise professional and occupational licensing laws HB 203 F Roberts, D Clarify responsibility of boards and department of labor and industry HB 213 Gallik, D Generally revise public retirement laws under MPERA HB 300 Gallik, D Continuing education for insurance adjusters HB 348 F R Buzzas, R Revise youth access to alcohol and provide for keg registration HB 381 Callahan, T Revise work comp mediation attendance requirements HB 400 F Keane, J Increase minimum weekly unemployment benefit HB 401 F R Keane, J Revise crane and hoist license law HB 418 Keane, J Revise the definition of supervisory employee regarding collective bargaining HB 483 F Bergren, B Binding arbitration for police officers HB 537 Wanzenried, D Prohibit adverse use of inquiries regarding insurance coverage HB 557 Butcher, E Restrict insurance required by lender HB 559 Lake, B Letter of credit as security for public contracts HB 567 F Windham, J Allow unemployment benefit for quitting due to sexual offense or stalking HB 631 Stahl, W Revise surplus lines insurance law HB 638 Arntzen, E Revise barber and cosmetology law HB 647 F Mendenhall, S Revise state contracting laws regarding custodial/janitorial services HJ 16 Groesbeck, G Urge support for hypersonic wind tunnel in Butte (S) Education And Cultural Resources HB 16 F Ripley, R Funding for certain nonbeneficiary students OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Education And Cultural Resources HB 63 Villa, D School finance revision HB 184 Mcalpin, D Revise library federation laws HB 317 Hamilton, R Allow school boards to meet in places other than schools HB 397 Dowell, T Clarify governance for certain school districts HB 436 Himmelberger, D Developer option of donating land to school district HB 450 Jopek, M Revise state land management HB 574 Branae, G Revise level of voter approval for school bond elections HB 623 Maclaren, G Clarify roads on which school buses make stops HJ 17 Mcalpin, D Urge physical education to enhance health (S) Energy And Telecommunications HB 153 F Noennig, M Protect utility assets from affiliates HB 199 Olson, A Revise laws related to energy policy (S) Finance And Claims HB 44 F Dickenson, S Exempt school for deaf and blind from nongeneral fund expenditure requirement HB 116 F Barrett, D Require agency to report intended changes in budgets and program transfers HB 301 F A Galvin-Halcro, K Revise use of Lewis & Clark license plate funds HB 452 Windy Boy, J Implement recommendations for redesign of health programs for Indians HB 493 Noonan, A Revise aerospace technology bond program (S) Fish And Game HB 14 F R Golie, G Authorize auction of mountain goat license HB 79 F Golie, G Make the Habitat Montana program permanent HB 208 Kaufmann, C Revise FWP right-of-way acquisition and property conveyance law HB 242 F Lambert, C Age waiver for hunting license for terminally ill youth HB 269 Clark, P Clarify recreational access to public waters upon road abandonment HB 281 Wagman, P Revise guide licensure methods OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Fish And Game HB 298 Clark, P Provide emergency stream flow for fisheries HB 390 Villa, D Designate state insect (S) Highways And Transportation HB 187 Bergren, B Expand old forts trail HB 192 F R Waitschies, K Revise commercial driver's license, driver's license, and cmv laws HB 224 F R Ross, J Eliminate motorcycle endorsement for operation of quadricycle HB 266 F Rice, D Implement noxious weed trust fund HB 273 Lambert, C Exempt rural transportation providers from PSC authority HB 275 Jacobson, H Revise affidavit and bond for certificate of title for motor vehicles HB 377 F R Keane, J Enforce license plate violations by nonresidents working in Montana HB 451 F Sonju, J Allow local government to issue Garvee bonds HB 478 F Warden, B Selective service option on driver's license application HB 492 F Morgan, P Abandon certain highway right-of-way for certain adjoining property owners HB 684 Maedje, R Revise weight limits along Canadian border HJ 12 Hamilton, R Encourage construction of roundabouts (S) Judiciary HB 24 Golie, G Restrict evidence of expressions of sympathy HB 25 Roberts, D Limit health care provider liability for other person's act or omission HB 26 Golie, G Restrict liability of health care provider for ostensible agency HB 46 F Parker, J Crime of vehicular homicide HB 64 Brown, R Statutory criteria for expert witness in malpractice cases HB 80 Campbell, M Allow CSED interaction with tribal IV-D programs HB 97 F Lange, M Add to types of prior convictions for, and increase, 4th DUI penalty OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Judiciary HB 98 Lange, M Increase license suspension period for refusing alcohol/drug test HB 100 Maedje, R Restraint of persons at search premises HB 127 Mendenhall, S Revise definition of seriously developmentally disabled HB 197 F Jayne, J Increase elder abuse penalties HB 216 F Caferro, M Revise laws concerning child support HB 222 Roberts, D Limit damages for care related to traumatic condition HB 232 Noennig, M Require presentence report to propose payment of IT charge HB 245 R Maclaren, G Require parental consent for body piercing of a minor HB 262 Lange, M Revise municipal court judge laws HB 280 F Wagman, P Revise use of electronic proceedings for district court HB 285 F Taylor, J Allow domestic violence victims to route mail through secretary of state HB 295 Galvin-Halcro, K Prohibit expiration of gift cards and certificates HB 304 Rice, D Revise driver's license laws HB 307 F R Parker, J Money laundering as a criminal offense HB 324 F R Driscoll, R Crime of obstructing access to health care facility HB 331 F Wanzenried, D Joint underwriting association for medical malpractice insurance HB 345 Gallik, D Revise time period for fraudulent transfer statute of limitations HB 349 Olson, A Revise responsibility of law enforcement officers for intoxicated persons HB 354 Noennig, M Revise mobile home landlord tenant law HB 363 F R Eaton, E Revise misdemeanor assault with bodily fluid HB 366 Koopman, R Exempt firearms made in MT from federal const. commerce clause HB 367 Parker, J Revise laws to reflect Justice Courts as a court of record HB 409 Golie, G Revise workforce drug and alcohol testing OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Judiciary HB 425 F R Parker, J Transfer consumer protection functions from D of Admin to Department of Justice HB 429 F Gutsche, G Revise laws relating to enforcement of environmental and mining laws HB 473 Parker, J Extend fire season restrictions HB 520 Furey, K Exemption from minor in possession when reporting a sexual related offense HB 562 Franklin, E Clarify immunity of comprehensive health association members HB 598 Gallik, D Revise dates applicable to selection of trial juries HB 615 F Harris, C Create environmental crimes unit in department of justice HB 701 Noennig, M Revise estate and trust law (S) Local Government HB 70 Stahl, W Provide nepotism exemption for certain counties HB 73 Buzzas, R County voted levy for substance abuse programs HB 105 F Parker, J Providing partial payment of salary and reassignment of injured deputy sheriff HB 218 Olson, B Revise laws on mosquito control districts HB 220 F Lake, B Authorize electronic fund transfers between state and local governments HB 230 Jacobson, H Revise laws governing municipal subdivisions HB 234 Lange, M Protect privacy of veterans discharge records HB 283 Jopek, M Revise local firefighter disability and pension funding HB 321 Facey, T Park district revenue for land acquisition HB 359 F Gutsche, G Revise pesticide notification laws HB 365 Maedje, R Revise use of land surveyors in survey reviews HB 371 F Lambert, C Revise funding mechanism for county predator control HB 431 Raser, H Revise property owner protest rights on sewer projects HB 508 Hendrick, G Clarify application of VEBA HB 564 F Witt, J Provide for sale of MT ag center & museum of Northern Plains OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) Local Government HB 636 F Stahl, W Revise the bid threshold for municipal government contracting and bidding HB 743 Harris, C Clarify authority for local government to enter into certain contracts (S) Natural Resources HB 206 Noonan, A Revise controlled groundwater areas HB 308 Malcolm, B Make permanent law on temporary changes in appropriation right HB 312 F Golie, G Expenditure of Smith River user fees for specific purposes HB 347 Gutsche, G Extend time period property can be converted or diverted from open-space land HB 370 F R Gallik, D Revise strip and underground mine reclamation act HB 612 F Maedje, R Revise application procedures for commercial timer removal HJ 4 Peterson, J Urge management of water levels at Fort Peck HJ 13 Clark, P Urge repeal of federal lands enhancement act HJ 18 Himmelberger, D Urge support for access to public land (S) Public Health, Welfare And Safety HB 183 F Franklin, E Medicaid redesign: Severely emotionally disturbed children waiver proposal HB 215 Caferro, M Revise reference to developmental disabilities council HB 254 R Harris, C Civil penalty for not writing legible prescriptions HB 255 Roberts, D Redefine mental disorder to include co-occurring disorders HB 313 F Sesso, J Extend contract period for prerelease centers HB 318 Mckenney, J Revise limited health benefit demonstration project HB 356 Noonan, A Background information for law enforcement HB 396 Becker, A Asthma self-medication allowed in schools HB 437 F Caferro, M Allow TANF electronic benefit transfer HB 457 F Noennig, M Revise law governing radiologic technologists HB 556 Noonan, A Revise medicaid fraud (S) State Administration OB # 7 -First Reading and Commitment of Bills Referred to Committee (S) State Administration HB 104 Lenhart, R Revise laws governing the Teacher's Retirement System HB 177 Olson, A Revise election procedure HB 211 Parker, J Revise term of supreme court HB 244 Lambert, C Designate Terry as home of Evelyn Cameron HB 297 Wiseman, B Require use of paper ballots in all elections HB 306 F Gallik, D Made in Montana virtual store HB 346 F Golie, G Revise employment restriction for retired volunteer firefighters HB 376 F Harris, C Revise time for presidential primary election HB 386 Sinrud, J Revise laws governing commissioner of political practices HB 411 Wells, J Clarify allocation of tobacco funds to veteran's nursing homes HB 427 Grinde, W Revise contributions to law enforcement group insurance HB 530 F Matthews, G Authorize signage for Miles City cultural heritage area HB 587 Bergren, B Require certain retirement benefits for a minor to be paid to a trust HB 590 Buzzas, R Revise elector reactivation HB 709 Raser, H Revise chiropractic legal panel laws HJ 19 Matthews, G Urge use of wood bats in American Legion baseball (S) Taxation HB 171 F Cohenour, J Tax filing and payment relief for active duty military HB 186 F Bergren, B Clarify status of new types of vehicles HB 227 F R Galvin-Halcro, K Revising deferral of property taxes for active military personnel HB 439 F R Wiseman, B Disallow double credit for foreign income tax payment OB # 8 -Second Reading of Bills 2nd Reading Indefinitely Postponed SB 258 F Vote: 28-22 Wheat, M Revise compensation of surface owner for damage by oil and gas operation OB # 8 -Second Reading of Bills 2nd Reading Indefinitely Postponed SB 263 Vote: 48-1 Squires, C Limit term of student regent to one year SB 364 F Vote: 33-17 Lind, G Environmental labeling and disclosure for electric utilities SB 371 F Vote: 33-16 Harrington, D Revise universal system benefits programs SB 405 F Vote: 33-16 Bales, K Revise funding and management of habitat Montana SB 495 F Vote: 46-4 Grimes, D Revise campaign ethics laws; discourage certain solicitations of contributions OB # 8 -Second Reading of Bills 2nd Reading Motion to Amend Carried SB 34 Vote: 26-23 Cobb, J Revise universal system benefits laws OB # 8 -Second Reading of Bills 2nd Reading Motion to Amend Carried on Voice Vote SB 2 Vote: 50-0 Laible, R Recognizing authority to display national motto & historical documents SB 258 F Vote: 50-0 Wheat, M Revise compensation of surface owner for damage by oil and gas operation SB 364 F Vote: 50-0 Lind, G Environmental labeling and disclosure for electric utilities SB 364 F Vote: 50-0 Lind, G Environmental labeling and disclosure for electric utilities SB 419 F Vote: 50-0 Ryan, D Revise moratorium on creation of new school districts OB # 8 -Second Reading of Bills 2nd Reading Pass Motion Failed SB 364 F Vote: 23-27 Lind, G Environmental labeling and disclosure for electric utilities SB 371 F Vote: 18-31 Harrington, D Revise universal system benefits programs SB 405 F Vote: 19-30 Bales, K Revise funding and management of habitat Montana SB 495 F Vote: 21-29 Grimes, D Revise campaign ethics laws; discourage certain solicitations of contributions OB # 8 -Second Reading of Bills 2nd Reading Pass as Amended Motion Failed OB # 8 -Second Reading of Bills 2nd Reading Pass as Amended Motion Failed SB 258 F Vote: 23-27 Wheat, M Revise compensation of surface owner for damage by oil and gas operation OB # 8 -Second Reading of Bills 2nd Reading Passed SB 396 Vote: 25-24 Balyeat, J Limit campaign contributions for supreme court elections SB 439 F Vote: 31-19 Gebhardt, K Participation by certain employers in firefighters' unified retirement system SB 440 F Vote: 32-17 Harrington, D Require licensure of specialty hospitals SB 449 F Vote: 35-15 Roush, G Board of Oil and Gas Conservation to promote state's oil and gas industry SB 452 F R Vote: 39-10 Perry, G Penalty for violation of no contact order SB 458 Vote: 25-23 Gillan, K Time for action against municipality for land use decision SB 503 F Vote: 37-13 Tropila, J Repeal authorization for Teton Spring Creek preserve SJ 12 Vote: 34-14 Kitzenberg, S Resolution promoting civic education in schools OB # 8 -Second Reading of Bills 2nd Reading Passed as Amended SB 2 Vote: 33-16 Laible, R Recognizing authority to display national motto & historical documents SB 34 Vote: 28-22 Cobb, J Revise universal system benefits laws OB # 8 -Second Reading of Bills 2nd Reading Passed as Amended on Voice Vote SB 419 F Vote: 50-0 Ryan, D Revise moratorium on creation of new school districts OB # 8 -Second Reading of Bills 2nd Reading Passed on Voice Vote SB 302 F R Vote: 50-0 Ellingson, J Election law general revision; HAVA; absentee ballots; voting systems SB 311 Vote: 50-0 Grimes, D Revise credit scoring law OB # 8 -Second Reading of Bills 2nd Reading Passed on Voice Vote SB 359 F Vote: 50-0 Story, B Revise statutes related to school district enrollment SB 363 Vote: 50-0 Williams, C Revise special education laws SB 431 Vote: 50-0 Barkus, G Allow mayor or city manager to discipline a municipal firefighter SB 435 Vote: 50-0 Wheat, M Revise probate laws SB 445 F Vote: 44-6 Mcgee, D Authorize tuition waiver for qualified national guard members Senators Hansen, Cochiarella, Weinberg, Ryan, Lind, Cobb and O'Neill Dissenting SB 457 Vote: 50-0 Gebhardt, K Clarify requirements for cancellation of insurance for nonpayment of premiums SB 460 Vote: 50-0 Weinberg, D Clarify mail ballot bond election for unified school district SB 468 Vote: 50-0 Mangan, J Revise law on temporary restraining orders Senators Cromley, and Gallus Dissenting SB 494 F Vote: 50-0 Bales, K Facilitate development of Otter Creek tracts - coal lease extension Senators Williams, Toole, and Smith Dissenting SB 497 F Vote: 50-0 Tropila, J Restrict liquor license locations if within 5 miles of city upon an annexation SB 500 Vote: 50-0 Cobb, J Revise election laws to facilitate voting by disabled persons SJ 24 Vote: 48-2 Barkus, G Designate Rotary day Senators Balyeat and Esp Dissenting SJ 26 Vote: 50-0 Curtiss, A Urge support for Libby asbestos victims SJ 27 Vote: 50-0 Harrington, D Urge opposition to federal tort reform legislation for asbestos victims SJ 28 Vote: 50-0 Squires, C Pain management resolution OB # 9 -Third Reading of Bills 3rd Reading Failed SB 281 F Vote: 25-25 Williams, C Protection of public health & safety & fish & wildlife under permitting decision OB # 9 -Third Reading of Bills 3rd Reading Passed SB 43 F Vote: 30-20 Cooney, M Seatbelt violation as primary offense SB 114 F R Vote: 50-0 Tester, J Penalty for unauthorized insurance transactions SB 167 F Vote: 36-14 Mangan, J Technology districts -- tax increment financing SB 174 F Vote: 50-0 Kitzenberg, S Require examiner to administer scheduled motor vehicle driver's license exam SB 301 Vote: 48-2 Story, B Revise laws governing mill levies SB 335 Vote: 43-7 Williams, C Revise laws applicable to blind vendors SB 350 Vote: 48-2 Cocchiarella, V Revise subdivision review exemptions SB 370 F Vote: 42-8 Squires, C Detention officers included in sheriffs' retirement system SB 378 Vote: 27-23 Wheat, M Allow prefiling request for insurance liability limits for torts SB 380 F R Vote: 48-2 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: 44-6 Esp, J Revise duties for mental health ombudsman to include child protective services SB 388 Vote: 48-2 Keenan, B Restrict insurer from steering customer to certain auto repair shops SB 402 F Vote: 42-8 Perry, G Vital statistics for stillbirth SB 407 F R Vote: 44-6 Grimes, D Revise minor in possession law SB 415 F R Vote: 32-18 Tester, J Expand production and use of alternative energy 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 429 F R Vote: 49-1 Shockley, J Providing for use of electronic tracking devices in criminal investigations SB 443 Vote: 48-2 Roush, G Auto insurance premium reductions for certain national guard members SB 447 Vote: 45-5 Ellingson, J Revise initiative and referendum process OB # 9 -Third Reading of Bills 3rd Reading Passed SB 451 Vote: 46-4 Wheat, M Revise speech-language and audiologists licensing laws SB 454 Vote: 49-1 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 462 F Vote: 29-21 Bales, K Revise venue requirements for actions against state agencies SB 465 Vote: 49-1 Laslovich, J Standards for chemicals used to remove ice, snow on roads, streets SB 478 Vote: 35-15 Gallus, S Restrict emergency rulemaking for implementing a budget reduction 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 SB 487 Vote: 38-12 Pease, G Revise laws on school bus safety SB 489 F Vote: 30-20 Lind, G Use orphan share fund for evaluation and remediation alternatives