SENATE JUDICIARY Combiittee AUG 1 0 Lcfl2 February 8, 1979 of MO&Tkna the Thirtieth Meeting of the Senate Judiciary Committee Was Called to Order by Senator Everett R
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MINUTES OF MEETING SENATE JUDICIARY COMbIITTEE AUG 1 0 lcfl2 February 8, 1979 OF MO&TkNA The thirtieth meeting of the Senate Judiciary Committee was called to order by Senator Everett R. Lensink, Chairman, in room 405 of the capitol building at 9:39 a.m. on the above date. ROLL CALL: All members were present. CONSIDERATION OF SENATE JOINT RESOLUTION 12: This is a joint resolution of the Senate and the House of Representatives clarifying the intentions of the 43rd legisla- ture concerning the time limit placed upon the ratification of the Equal Rights Amendment. Senator Lensink stated that he recognized the extreme im- portance to everyone concerning this bill and the marked dif- ference of opinion. He asked everyone to respect the viewpoints of each side. He stated that he would give twenty minutes to the proponents and twenty minutes to the opponents. Senator Galt, sponsor of the bill, gave the committee a packet of testimony and offered a statement. He introduced Betty Babcock. Mrs. Betty Lee Babcock, Helena, Montana, gave a statement in support of this resolution. (See ~xhibitA,) Mrs. Cheryl Cozzens from Billings, Montana, gave a prepared statement in support of this resolution. (See Exhibit B.) Mrs. Kenneth D. Peterson, attorney in private practice in Billings, gave a statement in support of this resolution. Miss Angela Romaine gave a statement in support. Mrs. Marilyn Wessil, from Bozeman, introduced Jean Ellison, from Stevensville, who gave a statement in opposition to this resolution. Mrs. Earl Rose11 from Billings, gave a statement in oppo- sition to this resolution. Mrs. Barbara Schelling, McCloud, Montana, representing women in rural Montana, gave a statement opposing this legisla- tion. Maggie Davis, representing the League of Women Voters, gave a statement in opposition. Minutes - February 8, 1979 Senate Judiciary Committee Page Two - .Fran EPge, Billings, Montana, and representing the ERA Coun- ' cil with 1200 individual members, said that they strongly oppose this resolution, Flora Martin, a professional home econominist and represen- ting Montana Association sf Home Economists, gave a statement in opposition. Jim Murray, Executive Secretary of Montana AFL-CIO, gave a statement opposing this bill. Sister Kathryn Rutan, representing the National Assembly of Women Religious and Network, which encompasses 5,000 Catholic sisters in the United States, stated they have been supporting .the ERA movement since 1973. Phil Campbell, representing the Montana Educators Associa- tion, stated that they have supported the ratification of ERA since 1973- Gary Jepsen, pastor ~f the St. John's Lutheran Church, stated that in 1972, at their national conference, they passed a resolution supporting ratification of ERA and were opposed to the resolution. Mary Munger, R.N,, representing the Montana Nurses Associa- tion, and also a chairperson at the International Women's Year conference, stated that 1200 members in 1973 voted to support ratification of ERA. Mrs. Irene Sshnell, Butte, representing the National Fede- ration of Business and Professional Wamen stated that it took two hundred years for women to become citizens under the consti- tution and that they opposed this resolution. Senator GaPt made a closing statement and he stated that you can vote for this resolution and still be a backer of the ERW movement. Senator Lensink said that he appreciated the excellent testi- mony and the excellent manner in which it was presented to the committee and that the committee will act on this bill soon. (See numerous amounts of written testimony presented.) CONSIDERATION OF SENATE BILL 288: Senator Brown gave an ex~fanationof this bill, which is an ( act to provide additional authority for converting shares of a corporation on merger. There were no further proponents and no opponents. Minutes - Februaryc 8, 1979 Senate Judiciary Committee Page Three Senator Towe moved that the bill do pass. Motion carried unanimously. CONSIDERATION OF SENATE BILL 293: Senator Towe gave an explanation of this bill, which is an act to revise youth court act to allow restitution. The sponsor . of this bill is Senator Thomas, but he was not able to attend. Becky Giles gave a statement in support of this bill and explained how a youth who had been paroled from Pine Hills wrecked five cars and how they suffered much loss from this youth's action. Jerry Metzyer, coordinator for the youth court in Great Falls, stated he was the co-author of this bill and gave testi- mony in support of this bill. Senator Thomas arrived at the hearing and gave a further explanation of this bill. There were no further pro~onentsor opponents. Senator Van Valkenburg questioned why there was a limita- tion of $1,500.00 and felt that if the kid had a $1,500.00 hot rod. why should he not lose his hot rod. Senator Turnage said that he did not feel that the guar- dians should be liable and he stated that there are some youths who would just love to stick mom and dad just to get even. There was further discussion on problems in the bill. Senator Towe moved that the bill be amended on page 9, line 14 by inserting "."and strike the remainder of new mate- rial following the word "youth". The motion carried unanimously. Senator Tove moved that this bill do pass, as amended. The motion carried unanimously. RECONSIDERATION OF SENATE BILL 288: Ward Shanahan, representing the Business Section of the State Bar of Montana, offered some amendments to this bill. Sen- ator Towe moved that we reconsider action taken previously on this bill. Senator Towe moved the adoption of the amendments. The mo- tion carried unanimously. Senator Towe moved that the bill do pass as amended. The motion carried unanimously. There being no further business, the meeting was adjourned at 11:04 a.m. SENATOR EVERETT R. T,ENSTNK pun Tnxt-~~ ROLL CALL I<act~Day Attach to Minutes. r' SENATE --i SENATE )dG-y>t -rnmT& BILL ' ; VISITORS ' GISTER DATE -;/:Af - I Please note bill no. NAME REPRESENTING BILL # SUPPORT(check one) I - , I I .' . ,'. 7. ZW/' I - . , ! /i /' T -- -, I , 1 I I ' . > ; i I 1 - I --- --.--._ - ---t_PLEASE r PREPAR~~STATEMENT WITH SECRETARY SENATE \&(C L i P.- 1'7 COMMITTEE BILL~JR/L- VISITORS' REGISTER DATE --f'I SEWiTE 3~lF~11C>c:c:~7, COMMITTEE / BILL b Please note bill no. -Fheck-- NAME REPRESENTING BILL # SUPPORT^ OPPC ,A I) - , , ,,' >+L t /() ' A/. j,,q.n, ,4 iei- c' - .7 I 7 1~ / .? 1.' , , 'J ,I ,b,- 1- .!\L 4 b).,.4 1 I-) / .. , , a , J , / I! . -- ... _-.- l_ri;vsil1L / J I I ! 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I 1 1 I' 1 1 I - I -- I 'i!. -- I i 1 I 1- - --- -- -- PLEASE LEAVE PREPARED STATEMENT WITH SECRETARY 1 27 .' 4Ldc,-• J SENATE &,>idy COMMITTEE nrm 5 J R 12 v1sIToRst REGISTER DATE )->.->+ .I-&.-* / ,' ,/..-,- -~,L>A.--.- -A 4-~./-(&>4~ .. /QL&&+,- (- f-* /' SENATE $lc{.(( :-<-I> yy COMMITTEE BILL S 12- VISITORS' REGISTER p;II 40 '04 psci1?c1 j, REPRESENTING ' * SENATE DATE SENATE BILL DATE Please note bill no. - (check one) NAME REPRESENTING BILL # SUPPORT OPPG e<x-.;* ,, . ,J,, . /' a'$ . ,/' , . i 1 . 17. :J -:. ~-y.l.J;c;-,. j ~LC~Jji . ? cl.zd' :. ;2 - '(7 , f 7 L' T t . 1 , i, ff ( , J . ..:-,; ,'J 1, / ;'/ Y J;(, , / --.. LC; f p :i / / / diGri1 -!tb4 8.0 2,3.,,,,J ' );!i; A}, @ I ., , C' , 'J I .'-.',, , 7. , y !... * .,-. %.,, ' L - i -,/ ~33-r/ / / .) - 4 .-- ' I i A.L r i 1 I ! 2 6 I ; I.i I 1 1- i : I rI j L ' . 1 - -+-! , I I 1 I i -- -- ---- . I PLEASE LEAVE PREPARED STATc~phrr r.lrnll ct-*t-,c*Fnxr SENATE BILL s~f /A VISITORS ' GISTER DATE 2- -8d a Please note bill no. (check one,4- NAME REPRESENTING BILL # SUPPORT OPP: pP 13 I 3.. SJR 12 is a reaffirmation of the states rights in the amendment process. 2. The states have the right to put any wording in their ' resolutions of ratification. 3. Montana put a time limit in HJR 4 which was ratified accordingly. Montana held up her end of the constitutional amendment process. 4. Congress should respect our right and our ratification document which includes a specific time limit. 5, Congress, however, did not abide by their end of the process because the extension changes the way our ratification was written. Montana did include a time limit in HJR 4. 6. I, along with others, do not like the (fedp interfering w with states' rights. Congress is manipulating the constitution, which includes our state rights. 7, SJR 12 opposes this # manipulation, that being the extension.