Legislature(1993 - 1994)

1993-05-09 House Journal

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1993-05-09                     House Journal                      Page 1804
SB 51                                                                        
The following which was held in second reading for today's calendar            
(page 1709) with pending Amendment No. 1, was again before the                 
House:                                                                         
                                                                               
SENATE BILL NO. 51                                                            
"An Act providing for establishment of work camps for juveniles               
adjudicated delinquent, and extending to all cities and to nonprofit           
corporations authority to maintain facilities for juveniles."                  
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  5DP  6NR                                                1661         
	-SENATE FN (DHSS)  3/8/93                                        1662         
                                                                               
Amendment No. 1 by Representative Ulmer (page 1708) was again                  
before the House.                                                              
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 1 be withdrawn.  There being no objection, it was so             
ordered.                                                                       
                                                                               
Amendment No. 2 was offered  by Representative Ulmer:                           
                                                                               
Page 5, line 24, before "committed":                                           
                                                                               
Insert "16 years of age or older and,"                                        

1993-05-09                     House Journal                      Page 1805
SB 51                                                                        
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
The Speaker placed a call of the House.                                        
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 51                                                                          
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  25   NAYS:  15   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis,               
Finkelstein, Foster, Hoffman, Hudson, James, Mackie, MacLean,                  
Menard, Moses, Navarre, Nicholia, Nordlund, Parnell, Phillips,                 
Sitton, Ulmer, Williams, Willis                                                
                                                                               
Nays:  Barnes, Bunde, Green, Grussendorf, Hanley, Kott, Larson,                
Martin, Mulder, Olberg, Porter, Sanders, Therriault, Toohey, Vezey             
                                                                               
And so, Amendment No. 2 was adopted.                                           
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Ulmer:                           
                                                                               
Page 5, line 26, after "with":                                                 
                                                                               
Insert "(A)  laws applicable to the employment of children; and               
(B)"                                                                           
                                                                               
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Hanley objected.                                                

1993-05-09                     House Journal                      Page 1806
SB 51                                                                        
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 51 am H                                                                     
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  12   NAYS:  28   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
James, Menard, Nicholia, Nordlund, Ulmer                                       
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hoffman, Hudson, Kott, Larson, Mackie, MacLean, Martin, Moses,                 
Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders,                   
Sitton, Therriault, Toohey, Vezey, Williams, Willis                            
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
Amendment No. 4 was offered  by Representative Ulmer:                           
                                                                               
Page 5, line 2, after "(a)" through line 6:                                    
	Delete all material.                                                          
	Insert "A city [HAVING A POPULATION OF 1700 OR MORE,                          
ACCORDING TO THE LATEST DECENNIAL CENSUS, OR                                   
FOUND BY THE DEPARTMENT TO HAVE A PRESENT                                      
POPULATION OF 1700 OR MORE] may maintain and operate a                         
juvenile detention [HOME OR] facility, and a city or a nonprofit             
corporation may maintain and operate a juvenile detention home                 
or a juvenile work camp."                                                    
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 4 be adopted.  Objection was heard and withdrawn.                
There being no further objection, it was so ordered.                           
                                                                               
Amendment No. 5 was offered  by Representative B.Davis:                         
                                                                               
Page 5, lines 11 - 13:                                                         
	Delete all material and insert:                                               
	"(a)  The department shall adopt standards and regulations for               
the operation of                                                               

1993-05-09                     House Journal                      Page 1807
SB 51                                                                        
		(1)  juvenile detention homes and juvenile detention                    
facilities in the state; and                                                 
		(2)  juvenile work camps in the state; the regulations                      
adopted under this paragraph must provide a means by which                     
to ensure that a minor who is placed in a work camp                            
		(A)  is in good physical and mental condition and                          
able to perform the work and engage in the activities that                     
may be required of the minor;                                                  
		(B)  does not present a danger to the physical                             
safety of other minors who are placed in the work camp."                     
                                                                               
                                                                               
Representative B.Davis moved and asked unanimous consent that                  
Amendment No. 5 be adopted.                                                    
                                                                               
                                                                               
Representative Kott objected.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 51 am H                                                                     
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  23   NAYS:  17   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis,                
Finkelstein, Foster, Grussendorf, Hoffman, James, Mackie,                      
MacLean, Menard, Navarre, Nicholia, Nordlund, Phillips, Sanders,               
Sitton, Ulmer, Willis                                                          
                                                                               
Nays:  Bunde, G.Davis, Green, Hanley, Hudson, Kott, Larson, Martin,            
Moses, Mulder, Olberg, Parnell, Porter, Therriault, Toohey,                    
Vezey, Williams                                                                
                                                                               
And so, Amendment No. 5 was adopted.                                           
                                                                               
Amendment No. 6 was offered  by Representative B.Davis:                         
                                                                               

1993-05-09                     House Journal                      Page 1808
SB 51                                                                        
Page 5, line 24 after "facility":                                              
                                                                               
	Delete "may"                                                                  
	Insert "shall"                                                                
                                                                               
Page 5, line 25 after "to":                                                    
                                                                               
Delete "labor on the buildings and grounds or perform any other               
work or engage in any activities that do not"                                  
                                                                               
Insert "complete a treatment plan that includes behavioral,                   
educational, psychological, family and community and work                      
components, but may not be required to engage in any activities                
that"                                                                          
                                                                               
Representative B.Davis moved and asked unanimous consent that                  
Amendment No. 6 be adopted.                                                    
                                                                               
Representative Kott objected.                                                  
                                                                               
                                                                               
Representative Navarre rose to a point of order regarding speaking for         
a member of another body.                                                      
                                                                               
The Speaker stated the point was well taken.                                   
                                                                               
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 51 am H                                                                     
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  16   NAYS:  24   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Hoffman, James, Mackie, Menard, Nicholia, Sitton, Ulmer,                       
Williams, Willis                                                               
                                                                               

1993-05-09                     House Journal                      Page 1809
SB 51                                                                        
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, Kott, Larson, MacLean, Martin, Moses, Mulder, Navarre,                 
Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault,              
Toohey, Vezey                                                                  
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that SB
51 am H be considered engrossed, advanced to third reading and                 
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
                                                                               
SB 51 am H was read the third time.                                            
                                                                               
                                                                               
The question being:  "Shall SB 51 am H pass the House?"  The roll              
was taken with the following result:                                           
                                                                               
SB 51 am H                                                                     
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis,                  
Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson,              
James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses,                   
Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips,                
Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams,                  
Willis                                                                         
                                                                               
Nays:  Carney, Davidson, Vezey                                                 
                                                                               
Brice changed from "Nay" to "Yea".                                             
                                                                               
And so, SB 51 am H passed the House.                                           
                                                                               
Representative Vezey gave notice of reconsideration of his vote on SB
51 am H.