HOUSE JOURNAL

HOUSE JOURNAL

SEVENTY-THIRD LEGISLATIVE DAY

Helena, Montana House Chambers

April 7, 1997 State Capitol

House convened at 12:00 p.m. Mr. Speaker in the Chair. Invocation by Representative Hagener. Pledge of Allegiance to the Flag.

Roll call. All members present except Representative Bergsagel, excused. Quorum present.

Mr. Speaker introduced this week's pages:

Tawnia Bell, Billings

Cara Cocchiarella, Missoula

Guy Duffner, Lima

Ben Hanson, Ashland

Camila Hoff, Dagmar

Robyn Wicks, Polson

Pat McGrath, Helena

Darren Schuldheiss, Kalispell

REPORTS OF STANDING COMMITTEES

BILLS (Hayne, Chairman): 4/7/97

Correctly printed for second reading: SJR 13, SB 315, SB 269, SB 187, SB 354.

Correctly engrossed for third reading: SB 296, SB 378.

Correctly enrolled: HJR 2.

Delivered to the Governor for his approval at 10:30 a.m., April 7, 1997: HB 377, HB 160, HB 533, HB 174, HB 544, HB 278, HB 318, HB 421, HB 560.

MESSAGES FROM THE SENATE

House joint resolutions concurred in and returned to the House:

4/5/97

HJR 8, introduced by Brainard

HJR 12, introduced by Pavlovich

HJR 16, introduced by Pavlovich

HJR 17, introduced by Pavlovich

HJR 21, introduced by Denny

HJR 22, introduced by Pavlovich

House bills concurred in and returned to the House: 4/5/97

HB 114, introduced by McCulloch

HB 156, introduced by Grady

HB 170, introduced by Ahner

HB 216, introduced by Hibbard

HB 217, introduced by Bergsagel

HB 365, introduced by McGee

HB 383, introduced by Knox

HB 437, introduced by Beaudry

HB 505, introduced by Beaudry

HB 529, introduced by Denny

HB 541, introduced by Grimes

HB 543, introduced by Schmidt

HB 566, introduced by Menahan

HB 569, introduced by Squires

HB 571, introduced by Beaudry

HB 575, introduced by Rehbein

House bills concurred in as amended and returned to the House for concurrence in Senate amendments: 4/5/97

HB 27, introduced by Simon

HB 121, introduced by Simpkins

HB 129, introduced by Soft

HB 173, introduced by Squires

HB 203, introduced by R. Johnson

HB 238, introduced by Peck

HB 264, introduced by Molnar

HB 284, introduced by Ohs

HB 285, introduced by Sliter

HB 287, introduced by Wiseman

HB 333, introduced by Soft

HB 345, introduced by Masolo

HB 394, introduced by Grinde

HB 395, introduced by Grimes

HB 430, introduced by Simon

HB 502, introduced by Soft

HB 523, introduced by McCulloch

HB 572, introduced by Anderson

MESSAGES FROM THE GOVERNOR

The Honorable John Mercer April 7, 1997

Speaker of the House

State Capitol

Helena, Montana 59620

Dear Representative Mercer:

Please be informed that I have signed House Bill 316 sponsored by Representative Krenzler et al. on April 7, 1997.

Sincerely,

MARC RACICOT

Governor

 

SECOND READING OF BILLS

(COMMITTEE OF THE WHOLE)

Representative Grinde moved the House resolve itself into a Committee of the Whole for consideration of business on second reading. Motion carried. Representative Molnar in the Chair.

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

HB 615 - Representative Cobb moved HB 615 do pass. Motion carried as follows:

Ayes: Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Carey, Cobb, Cocchiarella, Denny, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Hagener, H.S. Hanson, Harper, Harrington, Heavy Runner, Hurdle, J. Johnson, Kitzenberg, Kottel, Krenzler, Lawson, Masolo, McCulloch, McGee, Menahan, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Ryan, Sands, Simon, Smith, Soft, Squires, Tropila, Tuss, Wagner, Whitehead, Wiseman, Wyatt.

Total 50

Noes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Bergsagel, Boharski, Bookout, Brainard, Clark, Curtiss, DeBruycker, Devaney, Grimes, Grinde, M. Hanson, Hayne, Hibbard, Holland, R. Johnson, Jore, Kasten, Keenan, Knox, Marshall, McCann, Mood, Ohs, Orr, Prouse, Rehbein, Rose, Schmidt, Simpkins, Simpson, Sliter, Story, Stovall, Swanson, Tash, Taylor, Trexler, Vick, Walters, Wells, Zook, Mr. Speaker.

Total 48

Voted Absentee: Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: Mills, Molnar.

Total 2

SB 251 - Representative Bookout-Reinicke moved SB 251 be concurred in.

Representative Wyatt moved SB 251, second reading copy, be amended as follows (amendment #1):

1. Title, line 7.

Following: "ACTIVITIES"

Insert: "OR FOR A STUDENT WHO IS PARTICIPATING IN AN OFF-CAMPUS PRACTICUM THAT IS REQUIRED FOR A POSTSECONDARY DEGREE OR CERTIFICATE AND WHO DOES NOT RECEIVE WAGES"

2. Page 7, line 11.

Strike: "and"

3. Page 7, line 13.

Following: "1"

Insert: "; and

(h) a student who is participating in an off-campus practicum that is required for a postsecondary degree or certificate and who does not receive wages. For purposes of this subsection, the participating student is considered the employee of the postsecondary institution"

Amendment #1 passed as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tropila, Tuss, Walters, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 79

Noes: Adams, Arnott, Boharski, Brainard, M. Hanson, Jore, McGee, Orr, Prouse, Rehbein, Taylor, Trexler, Vick, Wagner, Wells.

Total 15

Excused: Bergsagel.

Total 1

Absent or not voting: Mills, Molnar, Mood, Simon, Tash.

Total 5

Motion to concur in SB 251, as amended, carried as follows:

Ayes: Ahner, Anderson, Barnett, Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Bookout, Brainard, Carey, Clark, Cocchiarella, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Tropila, Tuss, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 78

Noes: Adams, Arnott, Bankhead, Bergsagel, Boharski, Cobb, Curtiss, DeBruycker, M. Hanson, Holland, Jore, Keenan, McGee, Molnar, Orr, Prouse, Taylor, Trexler, Vick, Wagner, Walters, Wells.

Total 22

Voted Absentee: Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

SB 153 - Representative Curtiss moved SB 153 be concurred in.

Representative Hagener moved SB 153, second reading copy, be amended (amendment #1).

Representative Simpkins questioned whether Amendment #1 was in order.

Chairman Molnar ruled Amendment #1 was out of order.

Representative Hagener challenged the ruling of the Chair.

Representative Grinde moved for an immediate Rules Committee meeting and had the House Chambers stand at ease.

Representative Grinde stated that after consultation with Greg Petesch, legal council, the Rules Committee found Chairman Molnar's decision in order and Amendment #1 to be out of order.

Representative Menahan moved for cloture. Motion carried.

Motion to concur in SB 153 carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bookout, Brainard, Clark, Cobb, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Grimes, Grinde, H.S. Hanson, M. Hanson, Hayne, Holland, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Lawson, Masolo, McGee, Mills, Molnar, Mood, Ohs, Orr, Prouse, Rehbein, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 60

Noes: Barnhart, Bohlinger, Carey, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Gillan, Grady, Hagener, Harper, Harrington, Heavy Runner, Hibbard, Hurdle, J. Johnson, Kottel, Krenzler, Marshall, McCann, McCulloch, Menahan, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Whitehead, Wyatt.

Total 40

Voted Absentee: Bergsagel, Aye.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

Sergeant-at-Arms Skelton escorted the State Champion Fairfield High School Boys Basketball team into the House Chambers.

Representative Rose welcomed the team and coaches and introduced them to the House Chambers.

SB 157 - Representative Simon moved SB 157 be concurred in.

Representative Sliter assumed the Chair at this time.

Motion to concur in SB 157 failed as follows:

Ayes: Ahner, Barnett, Barnhart, Bergman, Bitney, Boharski, Clark, Ewer, Gillan, Grimes, Hagener, H.S. Hanson, M. Hanson, Hurdle, J. Johnson, Knox, Krenzler, Lawson, McGee, Peck, Prouse, Simon, Sliter, Soft, Squires, Tash, Trexler, Wells, Wiseman.

Total 29

Noes: Adams, Anderson, Arnott, Bankhead, Beaudry, Bergsagel, Bohlinger, Bookout, Brainard, Carey, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Feland, Galvin, Grady, Grinde, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Kottel, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simpkins, Simpson, Smith, Story, Stovall, Swanson, Taylor, Tropila, Tuss, Vick, Wagner, Walters, Whitehead, Wyatt, Zook, Mr. Speaker.

Total 71

Voted Absentee: Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

SB 84, SB 19, SB 269 - Representative Grinde moved consideration of SB 84, SB 19, SB 269 be placed at the top of the second reading board. Motion carried.

SB 84 - Representative Peck moved SB 84 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Barnett, Barnhart, Beaudry, Bergman, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Marshall, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 79

Noes: Adams, Arnott, Bankhead, Bergsagel, Boharski, Feland, Jore, Kasten, Keenan, Lawson, Masolo, McGee, Orr, Prouse, Rehbein, Simpkins, Vick, Wagner, Walters, Wells.

Total 20

Voted Absentee: Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: Bitney.

Total 1

SB 19 - Representative Grady moved SB 19 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 97

Noes: Boharski.

Total 1

Voted Absentee: Bergsagel, Aye.

Excused: None.

Total 0

Absent or not voting: Grinde, Wagner.

Total 2

SB 269 - Representative Quilici moved SB 269 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Barnett, Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Bookout, Carey, Clark, Cocchiarella, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCulloch, Menahan, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 73

Noes: Adams, Arnott, Bankhead, Bergsagel, Boharski, Brainard, Cobb, Curtiss, DeBruycker, Denny, Devaney, Jore, Kasten, Keenan, McCann, McGee, Molnar, Orr, Prouse, Rehbein, Sliter, Vick, Wagner, Walters, Wells.

Total 25

Voted Absentee: Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: Grinde, Mills.

Total 2

SB 324 - Representative Kottel moved SB 324 be concurred in.

Representative Molnar moved SB 324, second reading copy, be amended (amendment #1). Motion failed as follows: (19-79)

Motion to concur in SB 324 carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 81

Noes: Adams, Arnott, Bergman, Boharski, DeBruycker, Holland, Jore, Kasten, Keenan, McGee, Molnar, Orr, Prouse, Rehbein, Smith, Vick, Wagner, Walters, Wells.

Total 19

Voted Absentee: Bergsagel, Aye.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

Representative J. Johnson excused at this time.

SB 71 - Representative Kitzenberg moved SB 71 be concurred in. Motion carried as follows:

Ayes: Adams, Ahner, Anderson, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Mills, Molnar, Ohs, Pavlovich, Pease, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Simon, Simpkins, Simpson, Soft, Squires, Story, Stovall, Tash, Trexler, Tropila, Tuss, Vick, Whitehead, Wiseman, Zook, Mr. Speaker.

Total 80

Noes: Arnott, Barnhart, Brainard, Hayne, Hurdle, Jore, Keenan, Menahan, Mood, Orr, Peck, Schmidt, Sliter, Swanson, Taylor, Wagner, Walters, Wells, Wyatt.

Total 19

Voted Absentee: Bergsagel, J. Johnson, Ayes.

Excused: None.

Total 0

Absent or not voting: Smith.

Total 1

Representative Molnar resumed the Chair at this time.

SB 207 - Representative Stovall moved SB 207 be concurred in.

Representative Ewer moved SB 207, second reading copy, be amended as follows (amendment #1):

1. Title, line 8.

Strike: "AND"

2. Title, line 9

Following: "MCA"

Insert: "; AND PROVIDING AN EFFECTIVE DATE"

3. Page 2, line 9.

Following: "project."

Insert: "The proposition must be approved at a special or regular election in accordance with all of the requirements of 20-9-428, except that the proposition is considered to have passed if a majority of the qualified electors voting approve the proposition."

4. Page 2, line 17.

Following: "line 16"

Insert: "NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 1997."

Amendment #1 passed as follows:

Ayes: Ahner, Anderson, Barnhart, Bitney, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, DeBruycker, Devaney, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grimes, Grinde, Hagener, Harper, Harrington, Heavy Runner, Hibbard, Hurdle, R. Johnson, Kitzenberg, Kottel, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Ohs, Pavlovich, Pease, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simpkins, Simpson, Soft, Squires, Story, Stovall, Swanson, Trexler, Tropila, Tuss, Whitehead, Wyatt, Zook.

Total 59

Noes: Adams, Arnott, Bankhead, Barnett, Beaudry, Bergman, Boharski, Brainard, Curtiss, Denny, H.S. Hanson, M. Hanson, Hayne, Holland, Jore, Kasten, Keenan, Knox, Krenzler, McGee, Molnar, Mood, Orr, Peck, Prouse, Rehbein, Simon, Sliter, Smith, Tash, Taylor, Vick, Wagner, Walters, Wells, Mr. Speaker.

Total 36

Excused: Bergsagel, J. Johnson.

Total 2

Absent or not voting: Feland, Grady, Wiseman.

Total 3

Motion to concur in SB 207, as amended, carried as follows:

Ayes: Ahner, Bergman, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, DeBruycker, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Gillan, Grady, Grimes, Grinde, Hagener, Harper, Harrington, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpson, Smith, Soft, Squires, Stovall, Swanson, Tash, Trexler, Tropila, Tuss, Whitehead, Wiseman, Zook.

Total 64

Noes: Adams, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergsagel, Bitney, Boharski, Brainard, Curtiss, Denny, Galvin, H.S. Hanson, M. Hanson, Hayne, Jore, Kasten, Keenan, McGee, Orr, Peck, Prouse, Rehbein, Simpkins, Sliter, Story, Taylor, Vick, Wagner, Walters, Wells, Wyatt, Mr. Speaker.

Total 35

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: Kitzenberg.

Total 1

SB 332 - Representative Story moved SB 332 be concurred in.

Representative Story moved SB 332, second reading copy, be amended as follows (amendment #1):

1. Title, lines 5 and 6.

Strike: "PERFORMANCE" on line 5 through "BONDS" on line 6

Insert: "FINANCIAL ASSURANCE"

Following: "TIRES;"

Insert: "REQUIRING A STUDY OF ISSUES REGARDING WASTE TIRES;"

Strike: "AND"

2. Title, line 7.

Following: "MCA"

Insert: "; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE"

3. Page 1, line 12.

Strike: "sufficient bonding"

Insert: "financial assurance sufficient"

4. Page 1, line 14.

Following: "of"

Strike: "the bond"

Insert: "financial assurance"

5. Page 1, line 16.

Strike: "bonding"

Insert: "financial assurance"

6. Page 4, line 4.

Strike: "a bond"

Insert: "financial assurance"

7. Page 4, line 10.

Strike: "bond"

Insert: "financial assurance"

8. Page 4, lines 12 and 13.

Strike: "a" on line 12 through "bond" on line 13

Insert: "financial assurance"

9. Page 4, line 14.

Strike: "A bond"

Insert: "Financial assurance"

10. Page 4, lines 17 through 21.

Strike: "CASH" on line 17 through "ACTIVITIES" on line 21

Insert: "financial assurance by any one method or a combination of methods satisfactory to the department, including but not limited to insurance, a guarantee, performance, or other surety bond, a letter of credit, qualification as a self-insurer, or other demonstration of financial capability"

11. Page 4, line 22.

Strike: "bond"

12. Page 4, line 23.

Following: "conditions"

Insert: "of financial assurance provided"

13. Page 4.

Following: line 26

Insert: "NEW SECTION. Section 4.  Waste tire study. (1) The environmental quality council shall study the issues associated with managing, processing, treating, transporting, and disposing of waste tires.

(2) The environmental quality council shall report the results of the study, including any recommendations for legislation, to the legislature no later than October 1, 1998."

Renumber: subsequent section

14. Page 4.

Following: line 30

Insert: "NEW SECTION. Section 6. Applicability. (1) [This act] applies to a facility that initially applied for or received a solid waste management system license pursuant to Title 75, chapter 10, part 2, after July 1, 1997.

(2) [This act] does not apply to a facility that was licensed pursuant to Title 75, chapter 10, part 2, prior to July 1, 1997.

NEW SECTION. Section 7.  Effective date. [This act] is effective July 1, 1997."

Amendment #1 passed as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ewer, Galvin, Gillan, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Hurdle, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 90

Noes: Brainard, Curtiss, McGee, Wells.

Total 4

Excused: Bergsagel, J. Johnson.

Total 2

Absent or not voting: Ellis, Feland, Grady, Holland.

Total 4

Motion to concur in SB 332, as amended, carried as follows:

Ayes: Ahner, Barnett, Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Trexler, Tropila, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 77

Noes: Adams, Anderson, Arnott, Bankhead, Bergsagel, Boharski, Brainard, Curtiss, DeBruycker, Heavy Runner, Jore, Kasten, Keenan, Orr, Peck, Prouse, Rehbein, Taylor, Tuss, Vick, Wagner, Walters, Wells.

Total 23

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

HB 616 - Representative Anderson moved HB 616 do pass. Motion carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook.

Total 85

Noes: Adams, Arnott, Bergman, Bergsagel, Curtiss, Grinde, R. Johnson, Jore, McGee, Orr, Rehbein, Sliter, Soft, Wagner, Mr. Speaker.

Total 15

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

SB 290 - Representative Simon moved SB 290 be concurred in. Motion carried as follows:

Ayes: Ahner, Anderson, Bankhead, Barnhart, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, R. Johnson, Kasten, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Sands, Schmidt, Simon, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 82

Noes: Adams, Arnott, Barnett, Bergsagel, Hurdle, J. Johnson, Jore, Kitzenberg, McGee, Peck, Ryan, Simpson, Sliter, Vick, Wagner.

Total 15

Voted Absentee: Bergsagel, J. Johnson, Noes.

Excused: None.

Total 0

Absent or not voting: Keenan, Simpkins, Wells.

Total 3

SB 276 - Representative Sliter moved SB 276 be concurred in. Motion carried as follows:

Ayes: Ahner, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCulloch, Menahan, Molnar, Mood, Ohs, Orr, Pavlovich, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Trexler, Tropila, Vick, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 81

Noes: Adams, Barnhart, Bergsagel, Galvin, Hurdle, Jore, Kasten, McCann, McGee, Mills, Pease, Peck, Simpson, Taylor, Wagner, Whitehead.

Total 16

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: Anderson, Tuss, Wyatt.

Total 3

SB 368 - Representative Pavlovich moved SB 368 be concurred in.

Representative Pavlovich moved SB 368, second reading copy, be amended as follows (amendment #1):

1. Title, lines 5 and 6.

Strike: "REVISING" on line 5 through "FEES;" on line 6

2. Page 5, lines 23 through 26.

Strike: section 5 in its entirety

Renumber: subsequent section

3. Page 6, line 2.

Strike: "5"

Insert: "4"

Amendment #1 passed as follows:

Ayes: Anderson, Bankhead, Barnett, Beaudry, Bergman, Boharski, Bohlinger, Bookout, Carey, Clark, Cocchiarella, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Walters, Wells, Whitehead, Wiseman, Zook, Mr. Speaker.

Total 82

Noes: Adams, Ahner, Arnott, Barnhart, Brainard, Cobb, Curtiss, Hagener, Hurdle, Mills, Orr, Prouse, Smith, Wagner, Wyatt.

Total 15

Voted Absentee: J. Johnson, Aye.

Excused: Bergsagel.

Total 1

Absent or not voting: Bitney, Holland.

Total 2

Motion to concur in SB 368, as amended, carried as follows:

Ayes: Anderson, Barnett, Beaudry, Bergman, Bohlinger, Bookout, Carey, Clark, Cocchiarella, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, J. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCulloch, Menahan, Mills, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Simon, Simpkins, Simpson, Sliter, Squires, Story, Stovall, Swanson, Tash, Trexler, Tuss, Whitehead, Wiseman, Zook, Mr. Speaker.

Total 65

Noes: Adams, Ahner, Arnott, Bankhead, Barnhart, Bergsagel, Bitney, Boharski, Brainard, Cobb, Curtiss, Hagener, Holland, Hurdle, R. Johnson, Jore, Kasten, Keenan, McCann, McGee, Molnar, Mood, Orr, Prouse, Rehbein, Schmidt, Smith, Soft, Taylor, Tropila, Vick, Wagner, Walters, Wells, Wyatt.

Total 35

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

SB 173 - Representative Devaney moved SB 173 be concurred in.

Representative Kottel moved SB 173, second reading copy, be amended as follows (amendment #1):

1. Page 2, line 18.

Following: "buyer"

Strike: "for value of"

Insert: ", in the ordinary course of business, who buys"

Following: "property"

Insert: "for value and"

Amendment #1 passed as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Hurdle, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Mood, Orr, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 93

Noes: Prouse, Rehbein.

Total 2

Excused: Bergsagel, J. Johnson.

Total 2

Absent or not voting: Holland, Molnar, Ohs.

Total 3

Motion to concur in SB 173, as amended, carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 97

Noes: Ellis, Peck.

Total 2

Voted Absentee: Bergsagel, J. Johnson, Ayes.

Excused: None.

Total 0

Absent or not voting: Grinde.

Total 1

SJR 13 - Representative Beaudry moved SJR 13 be concurred in.

Representative Raney moved SJR 13, second reading copy, be amended (amendment #1). Motion failed as follows: (43-53)

Representative Harper moved SJR 13, second reading copy, be amended (amendment #2). Motion failed as follows: (40-55)

Motion to concur in SJR 13 carried as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Clark, Cobb, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Hayne, Hibbard, Holland, R. Johnson, Jore, Kasten, Keenan, Knox, Krenzler, Masolo, McGee, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Prouse, Quilici, Rehbein, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Wagner, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 63

Noes: Barnhart, Carey, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Gillan, Harper, Harrington, Heavy Runner, Hurdle, J. Johnson, Kitzenberg, Kottel, Lawson, Marshall, McCann, McCulloch, Menahan, Pease, Peck, Raney, Ream, Ryan, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Vick, Whitehead, Wyatt.

Total 35

Voted Absentee: Bergsagel, Aye; J. Johnson, No.

Excused: None.

Total 0

Absent or not voting: Hagener, Rose.

Total 2

Representative Grinde moved the committee rise and report. Motion carried. Committee arose. House resumed. Mr. Speaker in the Chair. Chairman Molnar moved that the Committee of the Whole report be adopted. Report adopted. (78-15)

Representative Cobb excused at this time.

THIRD READING OF BILLS

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

SB 378 concurred in as follows:

Ayes: Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergsagel, Bitney, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, Curtiss, Denny, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCulloch, Menahan, Mills, Molnar, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 82

Noes: Adams, Ahner, Bergman, Boharski, Brainard, DeBruycker, Devaney, Jore, Kasten, Keenan, McCann, McGee, Mood, Orr, Prouse, Rehbein, Vick, Wagner.

Total 18

Voted Absentee: Bergsagel, Cobb, J. Johnson, Ayes.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

SB 304 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 97

Noes: Galvin.

Total 1

Voted Absentee: Bergsagel, J. Johnson, Ayes.

Excused: Cobb.

Total 1

Absent or not voting: Quilici.

Total 1

SB 339 concurred in as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Carey, Clark, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 89

Noes: Adams, Arnott, Bergsagel, Brainard, DeBruycker, Jore, Keenan, Peck, Prouse.

Total 9

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: Cobb.

Total 1

Absent or not voting: Mills.

Total 1

SJR 5 concurred in as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Carey, Clark, Cocchiarella, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 92

Noes: Adams, Brainard, Curtiss, Jore, Orr, Prouse.

Total 6

Voted Absentee: Bergsagel, J. Johnson, Ayes.

Excused: Cobb.

Total 1

Absent or not voting: Trexler.

Total 1

SB 296 concurred in as follows:

Ayes: Ahner, Anderson, Barnett, Barnhart, Beaudry, Bergman, Bohlinger, Bookout, Carey, Clark, Cocchiarella, Curtiss, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Marshall, McCulloch, Menahan, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Tropila, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 66

Noes: Adams, Arnott, Bankhead, Bergsagel, Bitney, Boharski, Brainard, DeBruycker, Denny, Devaney, Feland, Grinde, Hayne, Jore, Kasten, Keenan, Lawson, Masolo, McCann, McGee, Mills, Molnar, Orr, Prouse, Rehbein, Sliter, Smith, Trexler, Vick, Wagner, Walters, Wells.

Total 32

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: Cobb.

Total 1

Absent or not voting: Tuss.

Total 1

HB 615 passed as follows:

Ayes: Barnhart, Beaudry, Bitney, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Dowell, Ellingson, Ellis, Feland, Galvin, Gillan, Grady, Hagener, M. Hanson, Harper, Harrington, Heavy Runner, Hurdle, J. Johnson, Kitzenberg, Kottel, Krenzler, Lawson, Marshall, Masolo, McCulloch, McGee, Menahan, Molnar, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Ryan, Sands, Schmidt, Simon, Simpkins, Sliter, Smith, Squires, Story, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Wagner, Whitehead, Wyatt.

Total 60

Noes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Bergman, Bergsagel, Boharski, Curtiss, DeBruycker, Denny, Devaney, Ewer, Grimes, Grinde, H.S. Hanson, Hayne, Hibbard, Holland, R. Johnson, Jore, Kasten, Keenan, Knox, McCann, Mills, Mood, Ohs, Orr, Rose, Simpson, Soft, Stovall, Vick, Walters, Wells, Zook, Mr. Speaker.

Total 39

Voted Absentee: Cobb, J. Johnson, Ayes; Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: Wiseman.

Total 1

SB 251 concurred in as follows:

Ayes: Ahner, Anderson, Barnett, Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Bookout, Brainard, Carey, Clark, Cocchiarella, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Trexler, Tropila, Tuss, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 79

Noes: Adams, Arnott, Bankhead, Bergsagel, Boharski, Curtiss, DeBruycker, M. Hanson, Holland, Jore, Keenan, McGee, Molnar, Orr, Prouse, Taylor, Vick, Wagner, Walters, Wells.

Total 20

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: Cobb.

Total 1

Absent or not voting: None.

Total 0

SB 153 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bookout, Brainard, Clark, Cobb, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Hayne, Holland, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Lawson, Masolo, McGee, Mills, Molnar, Mood, Ohs, Orr, Prouse, Rehbein, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Vick, Wagner, Walters, Wells, Zook, Mr. Speaker.

Total 61

Noes: Barnhart, Bohlinger, Carey, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Gillan, Hagener, Harper, Harrington, Heavy Runner, Hibbard, Hurdle, Kottel, Krenzler, Marshall, McCann, McCulloch, Menahan, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Tuss, Whitehead, Wyatt.

Total 38

Voted Absentee: Bergsagel, Cobb, J. Johnson, Ayes.

Excused: None.

Total 0

Absent or not voting: Wiseman.

Total 1

SB 324 concurred in as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Carey, Clark, Cobb, Cocchiarella, Curtiss, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 82

Noes: Adams, Arnott, Bergman, Boharski, DeBruycker, Hayne, Holland, Jore, Kasten, Keenan, Molnar, Orr, Prouse, Smith, Vick, Wagner, Wells.

Total 17

Voted Absentee: Bergsagel, Cobb, J. Johnson, Ayes.

Excused: None.

Total 0

Absent or not voting: Marshall.

Total 1

SB 71 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bohlinger, Bookout, Carey, Clark, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Ohs, Pavlovich, Pease, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Trexler, Tropila, Tuss, Vick, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 81

Noes: Arnott, Bitney, Boharski, Brainard, Hayne, Hurdle, Jore, Keenan, Mood, Orr, Peck, Prouse, Sliter, Taylor, Wagner, Walters, Wells.

Total 17

Voted Absentee: Bergsagel, J. Johnson, Ayes.

Excused: Cobb.

Total 1

Absent or not voting: Feland.

Total 1

SB 207 concurred in as follows:

Ayes: Ahner, Bitney, Bohlinger, Bookout, Carey, Cocchiarella, DeBruycker, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, Harper, Harrington, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Stovall, Swanson, Tash, Trexler, Tropila, Tuss, Wells, Whitehead, Wiseman, Zook.

Total 65

Noes: Adams, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Boharski, Brainard, Clark, Curtiss, Denny, Grinde, H.S. Hanson, M. Hanson, Hayne, Jore, Kasten, Keenan, McGee, Molnar, Orr, Peck, Prouse, Rehbein, Story, Taylor, Vick, Wagner, Walters, Wyatt, Mr. Speaker.

Total 34

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: Cobb.

Total 1

Absent or not voting: None.

Total 0

SB 332 concurred in as follows:

Ayes: Ahner, Anderson, Barnett, Barnhart, Beaudry, Bitney, Bohlinger, Bookout, Carey, Clark, Cobb, Cocchiarella, Denny, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Trexler, Tropila, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 77

Noes: Adams, Arnott, Bankhead, Bergman, Bergsagel, Boharski, Brainard, Curtiss, DeBruycker, Devaney, Jore, Kasten, Keenan, Orr, Peck, Prouse, Taylor, Tuss, Vick, Wagner, Walters, Wells.

Total 22

Voted Absentee: Cobb, J. Johnson, Ayes; Bergsagel, No.

Excused: None.

Total 0

Absent or not voting: Grinde.

Total 1

HB 616 passed as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cocchiarella, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook.

Total 85

Noes: Adams, Arnott, Bergman, Bergsagel, Curtiss, Ewer, Grinde, Jore, McGee, Orr, Rehbein, Sliter, Wagner, Mr. Speaker.

Total 14

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: Cobb.

Total 1

Absent or not voting: None.

Total 0

SB 84 concurred in as follows:

Ayes: Ahner, Anderson, Barnett, Barnhart, Beaudry, Bergman, Bohlinger, Bookout, Brainard, Carey, Clark, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Marshall, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 78

Noes: Adams, Arnott, Bankhead, Bergsagel, Bitney, Boharski, Feland, Hayne, Jore, Kasten, Keenan, Lawson, Masolo, McGee, Orr, Prouse, Simpkins, Vick, Wagner, Walters, Wells.

Total 21

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: Cobb.

Total 1

Absent or not voting: None.

Total 0

SB 290 concurred in as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harrington, Hayne, Heavy Runner, Hibbard, Holland, R. Johnson, Kasten, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Sands, Schmidt, Simon, Simpkins, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Walters, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 82

Noes: Adams, Barnett, Barnhart, Bergsagel, Harper, Hurdle, J. Johnson, Jore, Keenan, McGee, Peck, Ryan, Simpson, Sliter, Vick, Wagner, Wells.

Total 17

Voted Absentee: Bergsagel, J. Johnson, Noes.

Excused: Cobb.

Total 1

Absent or not voting: None.

Total 0

SB 276 concurred in as follows:

Ayes: Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bitney, Boharski, Bohlinger, Bookout, Carey, Clark, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, J. Johnson, R. Johnson, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCulloch, Menahan, Molnar, Mood, Ohs, Orr, Pavlovich, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Trexler, Tropila, Tuss, Vick, Walters, Wells, Wiseman, Zook, Mr. Speaker.

Total 80

Noes: Adams, Barnhart, Bergsagel, Brainard, Galvin, Hurdle, Jore, Kasten, McCann, McGee, Mills, Pease, Peck, Simpson, Taylor, Wagner, Whitehead, Wyatt.

Total 18

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: Cobb.

Total 1

Absent or not voting: Grinde.

Total 1

SB 368 concurred in as follows:

Ayes: Anderson, Barnett, Barnhart, Beaudry, Bitney, Bohlinger, Bookout, Carey, Cocchiarella, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grinde, H.S. Hanson, M. Hanson, Harper, Harrington, Heavy Runner, Hibbard, J. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCulloch, Menahan, Mills, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Squires, Story, Stovall, Swanson, Tash, Trexler, Tropila, Tuss, Whitehead, Wiseman, Zook, Mr. Speaker.

Total 66

Noes: Adams, Ahner, Arnott, Bankhead, Bergman, Bergsagel, Boharski, Brainard, Clark, Cobb, Curtiss, Grimes, Hagener, Hayne, Holland, Hurdle, R. Johnson, Jore, Kasten, Keenan, McCann, McGee, Molnar, Mood, Orr, Prouse, Rehbein, Soft, Taylor, Vick, Wagner, Walters, Wells, Wyatt.

Total 34

Voted Absentee: J. Johnson, Aye; Bergsagel, Cobb, Noes.

Excused: None.

Total 0

Absent or not voting: None.

Total 0

SB 173 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Carey, Clark, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 98

Noes: Peck.

Total 1

Voted Absentee: Bergsagel, J. Johnson, Ayes.

Excused: Cobb.

Total 1

Absent or not voting: None.

Total 0

SB 19 concurred in as follows:

Ayes: Ahner, Anderson, Bankhead, Barnett, Barnhart, Beaudry, Bergman, Bergsagel, Bitney, Bohlinger, Bookout, Brainard, Carey, Clark, Cocchiarella, Curtiss, DeBruycker, Denny, Devaney, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Grinde, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, McGee, Menahan, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Pease, Peck, Prouse, Quilici, Raney, Ream, Rehbein, Rose, Ryan, Sands, Schmidt, Simon, Simpkins, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Vick, Wagner, Walters, Wells, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 96

Noes: Adams, Arnott, Boharski.

Total 3

Voted Absentee: Bergsagel, J. Johnson, Ayes.

Excused: Cobb.

Total 1

Absent or not voting: None.

Total 0

SB 269 concurred in as follows:

Ayes: Ahner, Anderson, Barnett, Barnhart, Beaudry, Bergman, Bitney, Bohlinger, Bookout, Carey, Clark, Cocchiarella, Dowell, Ellingson, Ellis, Ewer, Feland, Galvin, Gillan, Grady, Grimes, Hagener, H.S. Hanson, M. Hanson, Harper, Harrington, Hayne, Heavy Runner, Hibbard, Holland, Hurdle, J. Johnson, R. Johnson, Kitzenberg, Knox, Kottel, Krenzler, Lawson, Marshall, Masolo, McCann, McCulloch, Menahan, Mills, Mood, Ohs, Pavlovich, Pease, Peck, Quilici, Raney, Ream, Rose, Ryan, Sands, Schmidt, Simon, Simpson, Sliter, Smith, Soft, Squires, Story, Stovall, Swanson, Tash, Taylor, Trexler, Tropila, Tuss, Whitehead, Wiseman, Wyatt, Zook, Mr. Speaker.

Total 75

Noes: Adams, Arnott, Bankhead, Bergsagel, Boharski, Brainard, Curtiss, DeBruycker, Denny, Devaney, Grinde, Jore, Kasten, McGee, Molnar, Orr, Prouse, Rehbein, Simpkins, Vick, Wagner, Walters, Wells.

Total 23

Voted Absentee: J. Johnson, Aye; Bergsagel, No.

Excused: Cobb.

Total 1

Absent or not voting: Keenan.

Total 1

SJR 13 concurred in as follows:

Ayes: Adams, Ahner, Anderson, Arnott, Bankhead, Barnett, Beaudry, Bergman, Bergsagel, Bitney, Boharski, Bohlinger, Bookout, Brainard, Clark, Curtiss, DeBruycker, Denny, Devaney, Ellis, Feland, Grady, Grimes, Grinde, H.S. Hanson, M. Hanson, Harrington, Hayne, Hibbard, Holland, J. Johnson, R. Johnson, Jore, Kasten, Keenan, Knox, Krenzler, Marshall, Masolo, McGee, Mills, Molnar, Mood, Ohs, Orr, Pavlovich, Prouse, Quilici, Rehbein, Rose, Simon, Simpkins, Sliter, Smith, Soft, Story, Stovall, Tash, Taylor, Trexler, Tuss, Wagner, Walters, Wells, Wiseman, Zook.

Total 66

Noes: Barnhart, Carey, Cocchiarella, Dowell, Ellingson, Ewer, Galvin, Gillan, Hagener, Harper, Heavy Runner, Hurdle, Kitzenberg, Kottel, Lawson, McCann, McCulloch, Menahan, Pease, Peck, Raney, Ream, Ryan, Sands, Schmidt, Simpson, Squires, Swanson, Tropila, Vick, Whitehead, Wyatt, Mr. Speaker.

Total 33

Voted Absentee: Bergsagel, J. Johnson, Ayes.

Excused: Cobb.

Total 1

Absent or not voting: None.

Total 0

MOTIONS

SB 324 - Representative Rose moved he be allowed to change his vote on SB 324, third reading, from nay to aye. Motion carried.

SB 173 - Representative Ellingson moved he be allowed to change his vote on SB 173, third reading, from abstain to aye. Motion carried.

SB 304 - Representative Krenzler moved she be allowed to change her vote on SB 304, third reading, from abstain to aye. Motion carried.

SB 340 - Representative Grimes moved the House reconsider its action on SB 340 taken on third reading the previous legislative day. Motion failed. (47-50)

REPORTS OF STANDING COMMITTEES

BUSINESS & LABOR (Simon, Chairman): 4/7/97

SB 354, be amended as follows:

1. Page 3, line 27.

Strike: "(10)"

Insert: "(11)"

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

SB 396, be amended as follows:

1. Title, line 10.

Following: "SUPPLIERS;"

Insert: "PROVIDING FOR OPTIONAL PERFORMANCE-BASED RATEMAKING;"

2. Page 1, lines 21 and 24.

Strike: "8"

Insert: "9"

3. Page 2, following line 11.

Insert: "(7) "Performance-based ratemaking" means those forms of regulation that include but are not limited to the use of revenue indexing, price indexing, ranges of authorized return, gas cost indexing, and innovative use of utility-related assets and activities, such as system sales of excess natural gas supplies, release of upstream pipeline capacity, and performance of billing services for other natural gas suppliers. A performance-based regulation may also include a mechanism for automatic annual adjustments of revenue to prices to reflect changes in any index adopted for the implementation of the performance-based form of regulation."

Renumber: subsequent subsections

4. Page 2, lines 22 and 23.

Following: "COSTS" on line 22

Insert: "["

Following: "bonds" on line 23

Insert: "]"

5. Page 4, line 6.

Strike: "8"

Insert: "9"

6. Page 5, following line 6.

Insert: "NEW SECTION. Section 7.  Optional performance-based ratemaking for natural gas utilities -- commission rulemaking.  (1) The commission may, upon application and after giving notice and conducting a hearing as provided in 69-3-303, authorize any natural gas utility to implement an optional form of rate regulation using a performance-based ratemaking methodology.

(2) The commission may approve a performance-based ratemaking methodology if it finds that the methodology:

(a) preserves adequate service to all classes of customers, including transportation-only customers;

(b) does not unreasonably prejudice or disadvantage any class of natural gas utility users;

(c) provides incentives for improved performance by the natural gas utility in the natural gas utility's public duties;

(d) results in rates that are not excessive; and

(e) is in the public interest.

(3) The commission may, after giving notice and conducting a hearing as provided in 69-3-303, modify or discontinue a natural gas utility's performance-based ratemaking previously authorized under this section if the commission finds that:

(a) natural gas service to one or more classes of customers has deteriorated or will deteriorate;

(b) any class of natural gas utility customer is being unreasonably prejudiced or disadvantaged;

(c) the performance-based ratemaking is not providing or will not provide reasonable incentives for improved performance by a natural gas utility in the performance of its public duties;

(d) rates are excessive compared to a natural gas utility's cost of service;

(e) terms ordered by the commission in connection with the approval of a natural gas utility's implementation of performance-based ratemaking have been violated; and

(f) the performance-based form of regulation is not in the public interest.

(4) The commission shall promulgate rules for monitoring a natural gas utility that has implemented performance-based ratemaking to ensure that the natural gas utility is in compliance with the requirements of this section."

Renumber: subsequent sections

7. Page 6, lines 18 and 19.

Strike: "8"

Insert: "9"

8. Page 6, line 21.

Strike: "instruction"

Insert: "instructions"

9. Page 6, line 22.

Following: "then"

Insert: ": (1)"

Strike: "section"

Insert: "sections 2(9)(a)(v) and (9)(b) and "

10. Page 6, line 23.

Strike: "is"

Insert: "are"

Following: "void"

Insert: "and the subsections of section 2(9) are renumbered; and (2) the bracketed language contained in [section 2(9)(a)(i) of this act] is void"

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

SPECIAL ORDERS OF THE DAY

LEGISLATIVE MEMORIAL SERVICE

April 6, 1997

WALTER J. BANKA

WHEREAS, it is with deep and sincere sorrow that members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Walter J. Banka on April 1, 1995 at 98 years of age in Conrad, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Banka be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Walter J. Banka was born on April 29, 1896 in North Dakota. At age 15 years, he moved with his family to Montana. Banka homesteaded east of Brady where he farmed and ranched. In addition he was a lumberjack and worked as road boss for Choteau county.

In 1923 he and his wife Emily were married at Grangeville, Idaho. They raised four children. After retirement in 1946, he and Emily traveled the world. Emily passed away in 1971.

In 1982, he married Genevieve Fait Rossmiller in Great Falls, MT. They lived in Conrad. Mrs. Banka now resides in Great Falls.

In addition to serving three terms in the legislature from 1941 to 1945, he was a member of the Pondera County Commission for six years and a member of the Fish and Game Commission for two terms.

Banka served as county chairman for the Democratic party, was active in the Presbyterian Church and numerous civic organizations.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the Honorable Walter J. Banka and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Banka's family and that an original copy of this memorial be filed with the Montana Historical Society.

LEONARD G. BASHOR

WHEREAS, it is with deep and sincere sorrow that members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Leonard G. Bashor in July, 1994 in Shelby, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Bashor be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Leonard G. Bashor was born on March 3, 1920 in Shelby, MT. He was raised on the family farm northeast of Ferdig and was graduated from Shelby High School in 1937. During World War II, he served with the U. S. Army in North Africa and Italy. He farmed in the Shelby area until his retirement in 1988.

Representative Bashor served four terms in the Montana House of Representatives from 1958 to 1966. He was the chairman of the Toole County Democratic Party and in 1980 was presented with an award recognizing him as the longest standing member of the county party.

Representative Bashor was a member of the Veterans of Foreign Wars, the American Legion, the Elks Lodge and the Moose Lodge.

 

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the Honorable Leonard G. Bashor and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Bashor's family and that an original copy of this memorial be filed with the Montana Historical Society.

JAMES F. BATTIN

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of James F. Battin on September 27, 1996.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Battin be filed on the official record of the Assembly and the following facts relative to his career are hereby noted.

The Honorable James F. Battin, a federal district judge and former Congressman, was born on February 13, 1925 in Wichita, KS to Hannah and W.R. Battin. His family moved to Billings, MT in 1929. James served in the Navy during WWII and received two battle stars. He married Barbara Choate on August 9, 1947. He attended Eastern Montana Teachers College, and received his Juris Doctorate from George Washington Law School in 1951.

Representative Battin served in the Montana House of Representatives in 1959, before running for and winning a seat in the U.S. House of Representatives. In 1969 Rep. Battin was appointed by President Nixon as a U.S. District Judge, and served as Chief Judge from 1978 to 1990 when he took senior status.

James Battin was an active member of the First Presbyterian Church, Kiwanis, Masons, Shriners, and the Jesters. James and Barbara had three children and seven grandchildren.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA

That we hereby express our esteem and respect to the memory of the honorable James F. Battin and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that the original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Battin's family and that an original copy of this memorial be filed with the Montana Historical Society.

WILLIAM H. "BILL" BERTSCHE, JR.

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of William H. "Bill" Bertsche, Jr. on November 3, 1995.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator Bertsche be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Bill Bertsche was born in Great Falls February 25, 1910. He graduated from the University of Washington and attended Harvard Graduate School of Business, returning to Great Falls to open Bertsche's Food Market in 1933. In 1939 he married Elizabeth Wiggin.

He was awarded the Bronze Star and the Air Medal for service during World War II, retiring as a Lt. Colonel. Education and the environment were always of special interest to him. As a businessman, he owned the Sally Ann Bakery in Great Falls and served as general manager of Great Falls Breweries. He was elected to the Montana Senate from 1966 to 1974, and served as chairman of the Finance and Claims Committee. He was also a member of the Governor's Indian Task Force, the State Board of Natural Resources, the State Library Advisory Board, the Lewis & Clark National Forest Advisory Council and the Great Falls Heritage Park Committee. Senator Bertsche also held positions at the C. M. Russell Gallery, Highland Cemetery, The College of Great Falls, Meadow Lark Country Club, Norwest Bank and Montana Flour Mills.

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Bill Bertsche and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Bertsche's family and that an original copy of this memorial be filed with the Montana Historical Society.

CHESTER M. "CHET" BLAYLOCK

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Chet Blaylock on October 23, 1996.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator Blaylock be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Chet Blaylock was a educator. He believed that every Montana child was entitled to a free, quality education, a livable environment, a good job and affordable health care. He a spent a lifetime pursuing that objective.

Born in Joliet November 13, 1924, he served in the Navy, earning four medals in the South Pacific, and returned to enter Eastern Montana College and later the University of Montana where he received B.S. and Master's degrees. He was chairman of the State Democratic Party and a delegate to the Montana Constitutional Convention. He was elected to the State Senate in 1974 and served continuously until 1993. His last political campaign as the Democratic candidate for Governor of Montana, ended with his death on October 23, 1996.

Senator Blaylock is survived by his widow, Mildred, and five children.

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Chet Blaylock and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Blaylock's family and that an original copy of this memorial be filed with the Montana Historical Society.

GORDON E. BOLLINGER

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Gordon Bollinger on May 13, 1995.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator Bollinger be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Gordon Bollinger was chairman of the Public Service Commission for eight years, serving with such distinction that their meeting room is named after him. He also served two terms in the Montana House of Representatives and two in the Senate. He is credited with passing legislation that created a Learning Center for the developmentally disabled in Glendive.

Senator Bollinger was born in Saskatchewan. His parents established a homestead at Larslan, Montana three years later. He graduated from Nashua High School and attended the University of Nevada at Reno. Senator Bollinger served in the Navy during WWII in the Asiatic Pacific. With his brother, Leonard, he spent 35 years cheerfully helping the public in countless ways in his grocery business in Glasgow.

Senator Bollinger was a member of numerous civic and fraternal organizations. A 50-year member of Kiwanis, he was part of a team that organized the first clubs in Europe.

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Gordon Bollinger and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Bollinger's family and that an original copy of this memorial be filed with the Montana Historical Society.

CHARLES J. CEROVSKI

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Charles J. Cerovski on November 9, 1995.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Cerovski be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Charles Cerovski was born on a farm and attended a one-room school near Lewistown. After graduating from Fergus County High School he received a B.S. from the University of Montana and master's and LLB degrees from Indiana University. He was a member of the Montana Bar Association and practiced law in Fergus County from 1950-65. He also owned several businesses in Lewistown, including Big Spring Water.

Mr. Cerovski served as Sub Chairman of the Appropriations Committee and Vice Chairman of the Judiciary Committee during his five terms in the Montana House of Representatives. Representative Cerovski was co-chair of a Democratic State Convention and served as a delegate to the National Democratic presidential convention in 1960. He was affiliated with numerous service clubs in the Lewistown area.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Charles Cerovski and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Cerovski's family and that an original copy of this memorial be filed with the Montana Historical Society.

FRANK H. DUNKLE

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Frank Dunkle on October 23, 1993.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator Dunkle be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Frank Dunkle was one of the few people fortunate enough to reach his lifetime goal when he was appointed director of the Fish & Wildlife Service in Washington, DC. In Montana, he served as a state senator, executive director of the Montana Republican Party, and Fish and Game Director. In 1972 he was a gubernatorial candidate in the Republican primary. He founded the Ecological Consulting Service, Resource Education Foundation and Research Associates. At the time of his death he was visiting professor in the Environmental Science and Engineering Department at the Colorado School of Mines.

Frank was born in Oakmont, Pennsylvania in 1924. He served in the South Pacific and the Korean conflict, retiring from the Naval Reserve as a Commander. He received B.S., M.S. and an honorary Doctor of Science degree from Montana State University and was the recipient of numerous environmental awards.

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Frank H. Dunkle and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Dunkle's family and that an original copy of this memorial be filed with the Montana Historical Society.

ANDREW "DOC" WEAR ELTING

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Andrew Wear Elting on December 2, 1992 in Miles City, Montana.

WHEREAS it is fitting and proper that the record and accomplishments of the late Representative Elting be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Andrew Wear "Doc" Elting was born in Billings in 1920, the son of Myrtle Welborne and Robert Elting. His mother was chairman of the Yellowstone County Republican Central Committee for over 20 years and he served in the same capacity for Carbon, Stillwater and Custer counties. He married Marjorie Dix in 1944 and was the father of five children. He is also survived by his wife, Susan McDaniel, and two brothers.

"Doc" was a veterinarian by profession, as well as teaching English at both the high school and college levels. He served in the House of Representatives for one session in 1959 as an Independent.

Representative Elting belonged to the Masonic Lodge, Rotary, Kiwanis and Elks, and he had a life-long interest in livestock and ranching issues.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Andrew "Doc" Wear Elting and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Elting's family and that an original copy of this memorial be filed with the Montana Historical Society.

J. CHAN ETTIEN

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Chan Ettien on July 7, 1996.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator Ettien be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Former District Judge J. Chan Ettien will be remembered as a gentleman, as well as a jurist of integrity and compassion. He had a genuine concern for the less fortunate.

Judge Ettien was born in Deer Lodge, attended Gonzaga University and received his law degree from the University of Montana. Following service with the Marine Corps during WWII in the Pacific, he practiced law in Granite County and was elected Granite County Attorney.

He served one term in the Montana Senate in 1951. He established a law practice in Havre in 1953 and served as Deputy Hill County Attorney. An active member and past president of the 12th Judicial Bar Association, he was elected District Judge in 1983 and served until his retirement in 1989.

His career as a lawyer exemplified the highest standards of judicial ethics. He had an adventurous legal mind which led him to develop new and imaginative approaches.

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Chan Ettien and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Ettien's family and that an original copy of this memorial be filed with the Montana Historical Society.

ROBERT M. FEISTHAMEL

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Robert M. Feisthamel on January 27, 1996 in Glendive, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Feisthamel be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

With the exception of two years in the Army Air Corps, Robert Feisthamel lived in Glendive where he was manager of the Glendive Ready Mix Company and Feisthamel's Wheel Alignment Company. He married Stella Rust in 1957 and together they raised four children who have remained in Glendive.

Representative Feisthamel was a member of the 40th and 41st legislative sessions and served on the Fish and Game, Labor and Compensation, Township and Counties, and Highway committees. He was a member of the Elks Lodge, Toastmasters of America and a 28-year member of the Glendive Volunteer Fire Department.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Robert M. Feisthamel and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Feisthamel's family and that an original copy of this memorial be filed with the Montana Historical Society.

G. ELMER FLYNN

WHEREAS, it is with deep and sincere sorrow that members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of G. Elmer Flynn at age 76 on Christmas Day, 1995.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Flynn be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

G. Elmer Flynn was born on January 2, 1919, in Missoula, MT. Throughout most of his life he farmed and ranched on the family homestead west of Missoula. He was a lifelong member of St. Francis Xavier parish. On January 21, 1939, he married Mary Alice Ahren.

Elmer Flynn served in the Montana House of Representatives in the 1963 and 1965 sessions and in the State Senate from 1967 to 1978. While in the Senate, he served as the Majority Whip and was the chairman of various standing committees. He was an early advocate of environmental protection, co-sponsoring the first air pollution control bill in Montana.

Senator Flynn served on the Montana State Livestock Commission, Hellgate School Board, the Hellgate Irrigation Company and was chairman of the Montana Environmental Quality Council for many years. Flynn was also a member of the Moose, Elks and the Knights of Columbus.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the Honorable G. Elmer Flynn and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representative of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Flynn's family and that an original copy of this memorial be filed with the Montana Historical Society.

WILLIAM HUGH "BILL" GRIEVE

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of W.H. "Bill" Grieve on May 7, 1995 in Miles City, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator Grieve be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

W.H. Grieve was born on July 24, 1910 in Casper, Wyoming. After graduating from High School in Laramie, Bill married Margaret Reno on October 3, 1930 in Gillette, Wyoming. Bill & Margaret raised their three children, Burt, Janet, and Isabel on their ranch near Miles City.

Senator Grieve was a member of the Senate in 1961 & 1963. Bill was interested in the state highways and served on several committees during his tenure in the Senate. After serving his one term in office, Senator Grieve returned to the ranch near Miles City and was active in the Custer County School Board, Montana Stockgrowers, National Cattlemens, and the Montana Production Credit Association.

Upon retiring from ranching, Bill Grieve enjoyed golfing and spending the winters in Arizona.

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable W.H. "Bill" Grieve and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Grieve's family and that an original copy of this memorial be filed with the Montana Historical Society.

PAUL G. HOLZER

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative assembly of the State of Montana record the passing of Paul G. Holzer on June 2, 1996, in Great Falls, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Holzer be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA

That we hereby express our esteem and respect to the memory of the honorable Paul G. Holzer and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Holzer's family and that an original copy of this memorial be filed with the Montana Historical Society.

GERALD H. HUGHES

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Gerald H. Hughes on August, 27 1995, in Lewistown, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator and Representative Hughes be filed on the official record of the Assembly and the following facts relative to his career are hereby noted.

Senator Hughes was born on November 11, 1903, in Great Falls. He grew up on the family ranch seven miles south of Stanford, Montana. He attended the University of Montana, later transferring to Oregon Agriculture College.

Senator Hughes served in both houses of the State Assembly. He began his service in the House of Representatives in 1941. After serving two terms in the House, he was elected to the Senate, where he served another two terms. Hughes completed his legislative career in 1952, when he was re-elected to the House Assembly.

Senator Hughes was married in 1965, to Clara M. Tanner. Prior to legislative service, Hughes worked for the Central Production Credit Association where he inspected livestock. After working many years he returned to what he liked best, helping his brothers operate a ranch near Lewistown.

Senator Hughes was one of the original members of the American Sheep Producers Council and was President of Hughes Livestock Company. Hughes was a noted historian and will be remembered for his ability to tell stories of life in early Montana.

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Gerald H. Hughes and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the Fifty-fifth Legislative Assembly and that the original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Hughes's family and that an original copy of this memorial be filed with the Montana Historical Society.

DAVID F. JAMES

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth legislative Assembly of the State of Montana record the passing of David F. James on July 7, 1996 in Chester, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative & Senator James be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

The youngest of 8 children born in Mason City, Iowa, David James moved to Joplin, Montana in 1925 to take a job as a teacher. On January, 5th 1929 David married Lillian Meldrum at her parents home. The couple then began farming north of Joplin where they raised four children.

David James began his public service in 1938 as a member of the House of Representatives, a seat he would hold for ten years. During that period Representative James was minority leader for 3 terms, and served in positions of leadership on several committees. In 1948 he began a career in the Senate that would span through 1974. Senator James held several leadership positions again in the Senate, and was particularly interested and influential in the current Crop Hail Insurance program. Senator James' hard work closely followed his interests in education and farming.

Senator James was also active in the Masons Lodge, Rotary Club, local Farmers Union, served on the School Board, and was active in the Bethel Lutheran Church.

THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA

That we hereby express our esteem and respect to the memory of the honorable David F. James and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Secretary and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Representative & Senator James' family and that an original copy of this memorial be filed with the Montana Historical Society.

BRUCE W. LANTHORN

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative assembly of the State of Montana record the passing of Bruce W. Lanthorn on July 22, 1996.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Lanthorn be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Bruce Lanthorn was born on November 19, 1917, in Portal, North Dakota. In 1940 he become an identification clerk for the FBI in Washington, D. C., after completing high school and college. He met Mary Catherine Houlihan there and they were married on April 20, 1942. During WWII, Mr. Lanthorn served as an army First Lieutenant and a B-24 bombardier.

After the war he returned to work for the FBI, was appointed as a special agent in 1950, and retired from that profession in 1970. In that same year Bruce Lanthorn was elected to the Montana House of Representatives, serving one term. He was appointed as Justice of the Peace from 1973 to 1980, then returned to the legislature as Assistant Sergeant-at-Arms in the House.

Representative Lanthorn also taught law enforcement and criminal justice at Carroll College and also provided support and training for the Montana Law Academy.

Representative Lanthorn was a founder and life-long supporter of the Helena chapter of Ducks Unlimited.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA

That we hereby express our esteem and respect to the memory of the honorable Bruce W. Lanthorn and extend to members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Lanthorn's family and that an original copy of this memorial be filed with the Montana Historical Society.

ORPHEY A. "BUD" LIEN

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Orphey A. "Bud" Lien on July 8, 1995 in Poplar, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Lien be filed on the official records of this Assembly and the following facts relative to his career hereby noted.

Bud Lien was born in Brockton, Montana, in 1923 to Ole and Mary Lien, Norwegian emigrants who farmed in the Brockton area. He attended MSU until enlisting in the Army in 1942. He served with Patton's 3rd Artillery Unit in Europe during WWII. Bud began farming in the area in which he was raised. He and Birdell Holte were married in 1951 and together they raised four children.

Bud enjoyed working with machinery and was an active innovator in farm techniques, receiving several patents on his work. He enjoyed flying and did crop spraying.

Representative Lien served in the House between 1969 and 1973 as a member of the Democratic Party. During that time Bud served on several committees. He was also active in the Elks, American Legion and the Masons.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Orphey A. "Bud" Lien and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Lien's family and that an original copy of the memorial be filed with the Montana Historical Society.

LLOYD J. MCCORMICK

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Lloyd J. McCormick on August 3, 1996 in Great Falls, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative McCormick be filed on the official record of the Assembly and the following facts relative to his career are hereby noted.

Lloyd J. McCormick was born on July 17, 1917, in Culbertson, Montana. He graduated from Culbertson High School in 1936 and in 1939 married Della Shuman. They moved to Havre in 1942, where McCormick got his first Teamsters job at the United Transfer & Storage.

He served with the U.S. Army in the Pacific during WWII from 1943 to 1946. After leaving the army, McCormick ran the Glasgow terminal for United Transfer and Hart Motor Express.

Representative McCormick was elected to his first union office in 1948 as a trustee in Local 112. During the late Fifties and early Sixties he served as secretary-treasurer, then lobbied for that group a total of twelve years.

Representative McCormick served as secretary-treasurer of the Montana Joint Council of Teamsters and was a active member of the union's Western Conference Policy Committee.

Lloyd McCormick was elected to the Montana State Legislature in 1982, and won re-election bids in 1984, 1986, and 1988.

He was a member of numerous civic organizations.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Lloyd McCormick and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that the original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative McCormick's family and that an original copy of this memorial be filed with the Montana Historical Society.

GEORGE McGAFFICK

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of George McGaffick on February 26, 1995 in Helena, Montana.

WHEREAS, is it fitting and proper that the record and accomplishments of the late Representative McGaffick be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

A native of Helena, George McGaffick was born in June, 1912, and attended area schools. He began a career in the service station and bulk plant business at age 21. In 1943 he acquired the Steamboat Block and remodeled it for office rentals.

He was married to Lois Sutton in 1934. She and a daughter, Tanya, preceded him in death. He later married Melba Montgomery.

He served in the legislature for one term in 1960.

Representative McGaffick was a member of the Elks, Eagles, Civil Air Patrol, Morning Star Lodge and Algeria Shrine.

He was an avid hunter and fly fisherman.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA

That we hereby express our esteem and respect to the memory of the honorable George McGaffick and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative McGaffick's family and that an original copy of this memorial be filed with the Montana Historical Society.

WALLACE "WALLY" MERCER

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Wallace "Wally" Mercer on June 6, 1995, in Billings, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Mercer be filed on the official record of the Assembly and the following facts relative to his career are hereby noted.

Wallace "Wally" Mercer was born on February 13, 1924, in Roundup. After high school Mercer began studies at the University of Montana. Before he could finish he joined the U.S. Army and served in the Air Corps from 1943 to 1946. Upon return from the war he finished his education earning a Bachelor's of Science degree in Business Administration. In July of 1962, Mercer married Jody Crumbaker in Billings, Montana.

Representative Mercer served as a Representative to the Montana State Legislature from 1973 through 1976. During his time in the state assembly he pursued many small business ventures including the ownership of a surgical supply, ownership of the Rimrock Lodge, real estate sales, steel sales, and management of Brown-Swiss Jersey Dairy.

Representative Mercer was elected to the Montana Public Service Commission in 1988, and worked diligently as a regulator of state utilities and transportation. He also participated in many community organizations.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Wallace "Wally" Mercer and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that the original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Mercer's family and that an original copy of this memorial be filed with the Montana Historical Society.

 

JERALD L. METCALF

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Jerry Metcalf on November 13, 1995.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Metcalf be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Jerry Metcalf, a well known antique dealer with an active interest in art and community affairs, believed in the preservation of Montana's natural resources for future generations.

Jerry was born in Billings, graduated from the University of Montana and received a master's degree from Northwestern University. For the next 10 years, he worked in a New York advertising agency, returning to Montana in 1972 to help his father, the late Senator Lee Metcalf, campaign for the U.S. Senate.

From 1974 until his death, he owned and operated the Vawter Street Antique Store in Helena while serving four terms in the Montana House of Representatives.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Jerry L. Metcalf and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Metcalf's family and that an original copy of this memorial be filed with the Montana Historical Society.

WALDO YOUNG MOBERLY

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Waldo Young Moberly on May 13, 1995.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator Moberly be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Waldo Moberly, a retired customs broker and former State Senator, was born October 26, 1905 in Kalispell. He grew up in Sweetgrass and Billings. In 1926 he married Isabel Quisberg in Great Falls and founded W. Y. Moberly, Inc., a customs house brokerage firm at ports of entry in Montana and Idaho. They operated that business for 40 years before selling it in 1968. During WWII former Senator Moberly served in the Army Air Corps.

For the next 20 years Mr. Moberly was active in the northern Montana oilfields, retiring to Kalispell in 1980. He also had farming operations in Glacier County and Alberta.

He served in the Montana Senate from 1962-66. Mr. Moberly was co-founder of the First National Bank of Cut Bank, a member of the American Legion, the Shelby Masonic Lodge, the Royal Arch Lodge in Cut Bank, the Scottish Rite in Great Falls and the Shrine Club in Butte. He is survived by a nephew, Waldo L. Moberly of Swan Lake.

 

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Waldo Young Moberly and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Moberly's family and that an original copy of this memorial be filed with the Montana Historical Society.

DONALD J. MORROW

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Donald J. Morrow on May 4, 1996, in Helena, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator Morrow be filed on the official record of the Assembly and the following facts relative to his career are hereby noted.

Donald J. Morrow was born on May 6, 1903, in Mildred, Montana, where his parents James and Lorna Morrow homesteaded. He attended his senior year of high school in Glasgow where he met his future wife. In 1938 Donald married Agnes F. Wagner. Donald and Agnes then moved to Billings, where he began his career as a plumber.

Donald worked as a contractor during the early years of WWII. He was later drafted into the army in 1945. After discharge from the army in 1946, he opened a plumbing and heating company in Baker, which he ran for the next twenty-two years.

Senator Morrow served the State Assembly in 1959 and 1961. While in the Senate, Donald used his contracting background as he served as Vice Chairman on Banking and Commerce committees.

Senator Morrow moved to Helena in 1973 and began working as a plumbing and heating contractor for Carson Heating and Plumbing. He was a member of the Lions Club and the Knights of Columbus.

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA

That we hereby express our esteem and respect to the memory of the honorable Donald J. Morrow and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the Fifty-fifth Legislative Assembly and that the original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Morrow's family and that an original copy of this memorial be filed with the Montana Historical Society.

E.V. "SONNY" OMHOLT

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of E.V. "Sonny" Omholt on September 21, 1995, in Helena, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Omholt be filed on the official record of the Assembly and the following facts relative to his career are hereby noted.

E.V. "Sonny" Omholt was born on March 29, 1920, in Great Falls, Montana. He graduated from Fort Shaw High School and later attended Northern Montana College. Omholt's education at Northern Montana was interrupted when he entered WWII. Representative Omholt served as a lieutenant in charge of a combat platoon in North Africa and Italy. He was wounded in battle in Italy and received a Purple Heart. In December of 1946 Omholt married Audrey Haralson. Their children are a son, Kris and daughter, Myrna.

Representative Omholt served in the Montana State Legislature in 1951 and again in 1953. Prior to his time in the state assembly, he began an insurance business in Dutton and later served as the city's mayor. His greatest accomplishment came in 1962 when he was elected as Montana's State Auditor. Representative Omholt proudly served as auditor for twenty-three years. He had a talent for drawing votes, including his 1972 election when he became the first Montana elected official to tally more than a quarter million votes. He retired from the office in 1985.

Omholt was a member of the American Legion, Military Orders of the Purple Heart, Eagles Lodge, and the Retired Officers Association.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable E.V. "Sonny" Omholt and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that the original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Omholt's family and that an original copy of this memorial be filed with the Montana Historical Society.

PAUL G. PISTORIA

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Paul G. Pistoria on September 24, 1995 in Great Falls, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Pistoria be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Paul Pistoria was a colorful blend of investigative reporter and consumer advocate who took great pleasure in fighting for everyday issues. He was best known for his feisty style and wry sense of humor. His antics included holding a mock funeral with a homemade coffin when a bill he opposed died, and wearing a curly wig to mimic a reporter who failed to write up his criticism of county government.

Representative Pistoria was born in Stockett in 1907 and grew up in Fort Benton. He attended electrical engineering schools in Chicago and worked for Montana Power for many years. Retiring in 1972, he served as a Great Falls city councilman and was subsequently elected to the Montana Legislature, where he served six two-year terms from 1966 to 1988. He is survived by his wife Kathryn of Great Falls.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Paul G. Pistoria and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Pistoria's family and that an original copy of this memorial be filed with the Montana Historical Society.

RUDOLPH POLICH

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Rudolph Polich on October 3, 1996, in Great Falls, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Polich be filed on the official record of the Assembly and the following facts relative to his career are hereby noted.

Rudolph Polich was born on April 24, 1913, in Little Chicago or Black Eagle, Montana. He was later regarded as the historian of that area. After completing high school in Great Falls, he worked as a bricklayer. In April of 1935, Rudolph married Frances Fern Palagi and shortly thereafter went to work with the Anaconda Company as an electrician.

Representative Polich served as a Representative to the Montana State Legislature in 1969. Polich had been noted as a man who had ideas ahead of the times, such as his suggestion for an independent commission to attract new industry to Montana. Polich will be remembered best for his desire to "keep government close to people."

Representative Polich was a member of the Elks Lodge, Great Falls Optimist Club, Moose Lodge, Local 122, and a member of the Sons of the Pioneers. He was also an active member of the Electrical Workers.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Rudolph Polich and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that the original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Polich's family and that an original copy of this memorial be filed with the Montana Historical Society.

DENNIS M. SHEA

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Dennis M. Shea on June 17, 1995.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Shea be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Dennis Shea was a life-long resident of Butte. He was born in Centerville, attended St. Mary's Grade School and graduated from Boys Central High School. Following service in the infantry during World War II, he returned to attend Butte Business College. In 1948 he married Lois Anderson; together they raised four children.

Representative Shea worked as a court reporter until 1954 when he began a long and distinguished career with the Anaconda Company, retiring in 1985 as Head of Public Relations & Governmental Affairs for the Northwest for Atlantic Richfield.

He was elected to the Montana Legislature as a Democratic Representative in 1958, serving one term, and was appointed to the Montana Highway Commission by Governor Stan Stephens, serving two terms.

Representative Shea was an active member of the Knights of Columbus, the Elks and St. Ann's Parish.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Dennis M. Shea and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Shea's family and that an original copy of this memorial be filed with the Montana Historical Society.

ARTHUR SHELDEN

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Arthur H. Shelden on August 15, 1996 in Libby, Montana.

WHEREAS it is fitting and proper that the record and accomplishments of the late Representative Shelden be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Art Shelden was born in Flaxton, North Dakota on October 31, 1905. His family moved to Canada where he attended high school. They then moved to Montana where the family settled in Belgrade. Art graduated from Montana State College in 1931 with a degree in Electrical Engineering. He married Ruth Osborn in 1934 in Bozeman.

Representative Shelden served in the Montana House of Representatives for nine sessions from 1964-1981. He is credited with passing significant environmental legislation during his tenure as Chairman of the Natural Resources Committee.

An activist in community affairs, Mr. Shelden was a member of the Libby school board, an officer of the Lumber and Sawmill Workers Union, the Kootenai Grange, Bird Watchers and the Libby Rod and Gun Club.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Andrew Shelden and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Shelden's family and that an original copy of this memorial be filed with the Montana Historical Society.

JOHN D. SHIVELY

WHEREAS, it is with deep and sincere sorrow that members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of John D. Shively on May 15, 1993 in Bozeman, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Shively be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

John Shively was born on July 7, 1898 in St. Paul, Minnesota, while his family was enroute from Ohio to North Dakota to establish a homestead. He was one of seven children, all of whom received a college education. Shively received his BA Degree in Indiana, his MA in school administration from the University of North Dakota and did graduate work at the University of California. He married Margaret A. Sivertson on August 11, 1926.

Representative Shively began his teaching career in North Dakota. In 1927, he taught at Forsyth, later becoming superintendent. He later assumed that same post in Havre and Bozeman. After over 40 years in the education field, Shively retired in 1964.

Representative John Shively served in the Montana House of Representatives in the 1967 and 1969 sessions. He was also a member of the Rotary club and the Montana Association of School Administration.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the Honorable John D. Shively and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Shively's family and that an original copy of this memorial be filed with the Montana Historical Society.

GORDON R. TWEDT

WHEREAS, it is with deep and sincere sorrow that members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Gordon R. Twedt on March 31, 1996 at 77 years of age in Great Falls, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Twedt be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

Gordon R. Twedt was born on August 18, 1918, in Rudyard, MT. Twedt graduated from Hingham High School and completed a short course in agriculture at Montana State University. He enlisted in the Coast Guard in 1942. In 1944 he married Lorine Johnson in Belt.

Beginning in 1961, Representative Twedt represented Hill County in the Montana Legislature for four terms. He was selected to serve as speaker pro tem for one term and minority floor leader of one term.

Representative Twedt moved to Great Falls in 1968 when he became president of the Montana Farmers Union. In 1970, he bought the Midtown Motel and Smitty's Pancake House.

He worked for the U.S. Agency for International Development in 1963 in Peru and served on the Rural Area Development Committee and Rudyard School Board. Representative Twedt also served on the MSU Advisory Council.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the Honorable Gordon R. Twedt and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Twedt's family and that an original copy of this memorial be filed with the Montana Historical Society.

O.H. "BILL" WORDEN

WHEREAS, it is with deep and sincere sorrow that the members of the House of Representatives of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of O.H. "Bill" Worden on June 6 1995, in Missoula, Montana.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Representative Worden be filed on the official record of the Assembly and the following facts relative to his career are hereby noted.

"Bill" Worden was born on August 21, 1912. He was the grandson of Francis Worden, co-founder of Missoula in 1860. He attended Ronan Public Schools and Missoula County High School. He earned a Bachelors' Degree in Mathematics from the University of Montana. During World War II, Worden served as a naval instructor and navigator. In 1937, he began working for Western Bank, a career he followed for a lifetime.

Bill Worden served in the House of Representatives from 1967 through 1971. Worden was credited for his legislation on the Montana Clean Air Act.

Representative Worden was married to Tommie Lu Middleton, in San Jose, California in 1960. They had three children - Peggy, Henry O.III, (better known as Hank), and W. Austin, who ran for the legislature in 1994. Bill was involved in many charitable, fraternal and professional organizations. Worden was a well-known and much-loved Missoulian.

NOW, THEREFORE, BE IT RESOLVED BY THE

HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable O.H. "Bill" Worden and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the House of Representatives of the Fifty-fifth Legislative Assembly and that the original copies of this memorial, signed by the Chief Clerk of the House of Representatives and the members of the appointed Memorial Committee, be transmitted by the Chief Clerk to the surviving members of Representative Worden's family and that an original copy of this memorial be filed with the Montana Historical Society.

ARTIS "A.A." ZODY

WHEREAS, it is with deep and sincere sorrow that the members of the Senate of the Fifty-fifth Legislative Assembly of the State of Montana record the passing of Artis Zody on January 29, 1997.

WHEREAS, it is fitting and proper that the record and accomplishments of the late Senator Zody be filed on the official records of this Assembly and the following facts relative to his career are hereby noted.

A. A. Zody was born in Bloomfield July 11, 1917. He attended the Pleasant Plains country school and Dawson County High School. Following his 1937 marriage to Betty Grigsby, they lived in Billings where Mr. Zody worked at the ASCS office, later moving to Bloomfield where they farmed until he retired in 1971. After retiring he worked for Hilger Chevrolet. From 1987 to 1995 he was the coordinator for Disaster and Emergency Services.

Mr. Zody served two terms in the House of Representatives and one term in the Montana Senate. Senator Zody was instrumental in bringing the Eastmont Human Services Center to Glendive. He served as an ASCS committeeman for several years and was a member of the city council until the time of his death. He is survived by two children, a brother and a sister.

NOW, THEREFORE, BE IT RESOLVED BY THE

SENATE OF THE STATE OF MONTANA:

That we hereby express our esteem and respect to the memory of the honorable Artis "A.A." Zody and extend to the members of his family our sincere sympathy.

BE IT FURTHER RESOLVED, that a copy of this memorial be entered upon the Journal of the Senate of the Fifty-fifth Legislative Assembly and that original copies of this memorial, signed by the Secretary of the Senate and the members of the appointed Memorial Committee, be transmitted by the Secretary to the surviving members of Senator Zody's family and that an original copy of this memorial be filed with the Montana Historical Society.

ANNOUNCEMENTS

Committee meetings were announced by committee chairmen.

Representative Ohs moved the House adjourn until 8:00 a.m., Tuesday, April 8, 1997. Motion carried.

House adjourned at 5:20 p.m.

John Mercer, Speaker

Marilyn Miller, Chief Clerk