Helena, Montana Senate Chambers

April 11, 1997 State Capitol

Senate convened at 1:00 p.m. President Aklestad presiding. Invocation by Reverend Tom Banks. Pledge of Allegiance to the Flag.

Roll call. All members present. Quorum present.

Mr. President: We, your committee on Bills and Journal, having examined the daily journal for the seventy-second legislative day, find the same to be correct.

Miller, Chairman

BILLS AND JOURNAL (Miller, Chairman): 4/11/97

HB 591, HB 594, HB 601, HB 604, HJR 24, HJR 31.

Correctly engrossed: HB 13, HB 14, HB 607.

SB 134, SB 191, SB 213, SB 216, SB 219, SB 229, SB 234, SB 263, SB 297, SB 344, SB 349, SB 375, SJR 14.

SB 375.

Signed by the President of the Senate at 3:00 p.m., April 10, 1997: SB 224, SB 266, SB 275, SB 276, SB 282,

SB 285, SB 286, SB 288, SB 309, SB 316, SB 329, SB 335, SB 337, SB 383, SJR 8, SJR 9, SJR 10,

SJR 12.

Signed by the Speaker of the House at 5:52 p.m., on April 10, 1997: SB 224, SB 266, SB 275, SB 276, SB 282, SB 285, SB 286, SB 288, SB 309, SB 329, SB 335, SB 337, SB 383, SJR 8, SJR 9, SJR 10, SJR 12.

Delivered to the Secretary of State at 10:14 a.m., April 11, 1997: SJR 8, SJR 9, SJR 10, SJR 12.

SB 282, SB 285, SB 286, SB 288, SB 309, SB 329, SB 335, SB 337, SB 383.

FINANCE & CLAIMS (Swysgood, Chairman): 4/10/97

HB 5, be amended as follows:

Insert: "(b)(i) The department of corrections may use prison staff for the purpose of making security enhancements and upgrades to the Xanthopoulos building on the Montana state hospital campus as authorized by the legislature.

(ii) The department of administration may exempt the Xanthopoulos building project from the provisions of any applicable Montana law relating to public bidding and construction contracts.

(iii) Prison staff engaged in the Xanthopoulos building project are governed by the staff's existing employment agreements and are not eligible for additional compensation or benefits not currently provided by the existing employment agreements."

Insert: "(5) The spiritual activity center project for the women's correctional system is exempt from the bidding requirements and the architectural and engineering review and approval requirements in Title 18."

Insert: ", and $15,000 is granted to the city of Deer Lodge for its wastewater effluent land application project"

Insert: "Prior to the submission of the proposed 2001 biennium capital improvement budget for the department of fish, wildlife, and parks to the legislative fiscal analyst, as provided in 17-7-122, the agency shall conduct a public meeting or open house in the appropriate department of fish, wildlife, and parks' administrative region for any anticipated capital development project in that region or shall seek comment on the site of the project. The department of fish, wildlife, and parks shall report to the long-range building appropriations subcommittee on the outcome of the public involvement."

Insert: "(3)(a) The following money is appropriated to Montana state university in the indicated amount for the purpose of making capital improvements to campus facilities:

Agency/Project LRBP Other Funding Sources

Authority Only Projects, $19,000,000 Academic Building Fees,

Montana State University Indirect Cost Recovery,

Federal, Private, Plant Funds

(b) It is the intent of the 55th legislature that at least 50% of all future operations and maintenance costs for the classroom-laboratory building authorized in the amount of $19,000,000 at MSU-Bozeman be funded by Montana state university and that no more than 50% be funded with general fund money."

University of Montana Auxiliary, Plant Funds, and Donations"

Insert: "If general obligation bonds are not authorized in House Bill No. 14 for the purchase of Virginia City and Nevada City property, then the"

Insert: " If general obligation bonds are authorized in House Bill No. 14, then the purchase must be made with bond proceeds."

"15-35-108.   Disposal of severance taxes. Severance taxes collected under this chapter must, in accordance with the provisions of 15-1-501, be allocated as follows:

(1)  Fifty percent of total coal severance tax collections is allocated to the trust fund created by Article IX, section 5, of the Montana constitution. The trust fund money must be deposited in the fund established under 17-6-203(6) and invested by the board of investments as provided by law.

(2)  Twelve percent of coal severance tax collections is allocated to the long-range building program account established in 17-7-205.

(3)  The amount of 8.36% must be credited to an account in the state special revenue fund to be allocated by the legislature for local impacts, county land planning, provision of basic library services for the residents of all counties through library federations and for payment of the costs of participating in regional and national networking, conservation districts, and the Montana Growth Through Agriculture Act. Any cash balance that is unspent at the end of each fiscal year must be deposited in the general fund.

(4)  The amount of 1.27% must be allocated to a nonexpendable trust fund for the purpose of parks

acquisition or management. Income from this trust fund must be appropriated for the acquisition, development, operation, and maintenance of any sites and areas described in 23-1-102.

(5)  The amount of 0.95% must be allocated to the debt service fund type to the credit of the renewable resource loan debt service fund.

(6)  The amount of 0.63% 2.6% must be allocated to a nonexpendable trust the long-range building program fund in the debt service fund type fund for the purpose of protection of works of art in the state capitol and for other cultural and aesthetic projects. Income from this the cultural and aesthetic trust fund must be appropriated for protection of works of art in the state capitol and other cultural and aesthetic projects.

(7) All other revenue from severance taxes collected under the provisions of this chapter must be credited to the general fund of the state.""

Insert: "(2) If House Bill No. 14 is passed and approved and if it authorizes the issuance of general obligation bonds for the purchase of Virginia City and Nevada City property, then:

(a) [sections 10, 11, 14, and 15 of this act] are void; and

(b) [section 24] is effective.

(3) If House Bill No. 14 does not authorize the issuance of general obligation bonds for the purchase of Virginia City and Nevada City property, then [section 24] is void."

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

RULES (Harp, Chairman): 4/11/97

SR 18, introduced bill, be adopted. Report adopted.

STATE ADMINISTRATION (Hargrove, Chairman): 4/10/97

SR 17, introduced bill, be adopted. Report adopted.

TAXATION (Devlin, Chairman): 4/10/97

HB 599, be amended as follows:

Insert: "A married taxpayer filing separately may be an account holder if the account is established separately from the taxpayer's spouse. Married taxpayers filing jointly are considered as the account holder."

Insert: "(b) An account holder who files jointly may exclude as annual contribution in 1 year up to $6,000.

(c)"

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

April 10, 1997

The Honorable Gary Aklestad

President of the Senate

State Capitol

Helena, Montana 59620

Dear Senator Aklestad:

Please be informed that I have signed Senate Bill 21, Senate Bill 25 and Senate Bill 159 sponsored by Senator Jergeson, Senate Bill 27 and Senate Bill 50 sponsored by Senator Keating, Senate Bill 205 sponsored by Senator McNutt, and Senate Bill 246 sponsored by Senator Beck on April 10, 1997.

Sincerely,

MARC RACICOT

Governor

SB 44 - The House acceded to the request of the Senate and authorized the Speaker to appoint the following Conference Committee to meet with a like committee from the Senate on House Amendments to SB 44:

Representative Anderson, Chairman

Representative Ellingson

Representative McGee

HB 346 - The House failed to concur in Senate amendments to HB 346, authorized the Speaker to appoint a Conference Committee, and requested the Senate to appoint a like committee to confer on Senate amendments to HB 346. The Speaker appointed the following members:

Representative Masolo, Chairman

Representative Tropila

Representative Boharski

SB 85 - The House acceded to the request of the Senate and authorized the Speaker to appoint the following Free Conference Committee to meet with a like committee from the Senate on SB 85:

Representative Jore, Chairman

Representative Simpson

Representative Wells

SB 99 - The House acceded to the request of the Senate and dissolved the Conference Committee on SB 99 and authorized the Speaker to appoint the following Free Conference Committee to meet with a like committee from the Senate on SB 99:

Representative Soft, Chairman

Representative McGee

Representative Wyatt

SB 195 - The House acceded to the request of the Senate and authorized the Speaker to appoint the following Free Conference Committee to meet with a like committee from the Senate on SB 195:

Representative Hibbard, Chairman

Representative Harrington

Representative Story

SJR 5-House Amendments - Senator Foster moved that House Amendments to SJR 5 be taken from second reading this legislative day and sent to enrolling because the House Committee of the Whole amendment removed the House Standing Committee amendment, leaving SJR 5 in its original form. Motion carried.

SB 296 - Senator Harp moved the President be authorized to appoint a Conference Committee and request the House appoint a like committee to confer on House amendments to SB 296. Motion carried unanimously.

President Aklestad appointed the following members:

Senator Hargrove, Chairman

Senator Toews

Senator Jergeson

SB 339 - Senator Harp moved the President be authorized to appoint a Conference Committee and request the House appoint a like committee to confer on House amendments to SB 339. Motion carried unanimously.

President Aklestad appointed the following members:

Senator Beck, Chairman

Senator Grosfield

Senator Eck

HB 346 - Senator Harp moved the Senate accede to the request of the House to appoint a Conference Committee to meet with a like committee from the House to confer on Senate amendments to HB 346. Motion carried unanimously.

President Aklestad appointed the following members:

Senator Holden, Chairman

Senator Estrada

Senator Doherty

HB 78 - Senator Harp moved the Senate dissolve the Conference Committee on HB 78 and the President be authorized to appoint a Free Conference Committee to meet with a like committee from the House to confer on HB 78. Motion carried unanimously. The President appointed the following members:

Senator Hertel, Chairman

Senator Grosfield

Senator Wilson

HB 517 - Senator Harp moved the Senate accede to the request of the House to appoint a Free Conference Committee to meet with a like committee from the House to confer on HB 517. Motion carried unanimously.

President Aklestad appointed the following members:

Senator Foster, Chairman

Senator Thomas

Senator Shea

SB 283-House Amendments - Senator Burnett moved the Senate reconsider its action in rejecting House Amendments to SB 283 taken on second reading the previous legislative day and placed on second reading. Motion failed as follows:

Yeas: Baer, Benedict, Burnett, Crismore, DePratu, Emerson, Estrada, Foster, Glaser, Harp, Jenkins, Keating, Mahlum, Mesaros, Miller, Mohl, Taylor, Toews, Mr. President.

Total 19

Nays: Bartlett, Beck, Bishop, Brooke, Christiaens, Cole, Crippen, Devlin, Doherty, Eck, Franklin, Gage, Grosfield, Halligan, Hargrove, Hertel, Holden, Jabs, Jergeson, Lynch, McCarthy, McNutt, Nelson, Shea, Sprague, Stang, Swysgood, Thomas, Van Valkenburg, Waterman, Wilson.

Total 31

Absent or not voting: None.

Total 0

Excused: None.

Total 0

The following bill was introduced, read first time, and referred to committee:

SJR 18, introduced by Eck, referred to Committee on State Administration.

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

SB 83, as amended by the House, passed as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Toews, Waterman, Wilson, Mr. President.

Total 43

Nays: Bishop, Brooke, Franklin, Halligan, Jergeson, Thomas, Van Valkenburg.

Total 7

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 290, as amended by the House, passed as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SB 304, as amended by the House, passed as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 47 concurred in as follows:

Yeas: Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 48

Nays: Baer, Lynch.

Total 2

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 66-Governor's Amendments, concurred in as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 163, as amended, concurred in as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 171 concurred in as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 188, as amended, concurred in as follows:

Yeas: Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Nelson, Shea, Sprague, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson.

Total 46

Nays: Baer, Mohl, Stang, Mr. President.

Total 4

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 594 concurred in as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HJR 24 adopted as follows:

Yeas: Baer, Bartlett, Beck, Benedict, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Emerson, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Miller, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 50

Nays: None.

Total 0

Absent or not voting: None.

Total 0

Excused: None.

Total 0

SECOND READING OF BILLS

Majority Leader Harp moved that the Senate resolve itself into the Committee of the Whole for consideration of business on second reading. Motion carried. Senator Thomas in the Chair.

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

SB 48-Free Conference Committee - Senator Sprague moved the Free Conference Committee report to SB 48 be adopted. Motion carried unanimously.

SB 71-House Amendments - Senator Toews moved House Amendments to SB 71 be not concurred in. Motion carried unanimously.

SB 207-House Amendments - Senator Jabs moved House Amendments to SB 207 be not concurred in. Motion carried unanimously.

SB 251-House Amendments - Senator Stang moved House Amendments to SB 251 be not concurred in. Motion carried unanimously.

SB 324-House Amendments - Senator Estrada moved House Amendments to SB 324 be concurred in. Motion carried unanimously.

SB 332-House Amendments - Senator Miller moved consideration of House Amendments to SB 332 be passed for the day. Motion carried.

SB 350-House Amendments - Senator McNutt moved House Amendments to SB 350 be concurred in. Motion carried unanimously.

SB 368-House Amendments - Senator Lynch moved House Amendments to SB 368 be concurred in. Motion carried unanimously.

SB 378-House Amendments - Senator Benedict moved House Amendments to SB 378 be concurred in. Motion carried unanimously.

SJR 13-House Amendments - Senator Miller moved House Amendments to SJR 13 be concurred in. Motion carried as follows:

Yeas: Baer, Beck, Benedict, Burnett, Cole, Crippen, Crismore, DePratu, Devlin, Emerson, Estrada, Foster, Gage, Glaser, Grosfield, Hargrove, Harp, Hertel, Holden, Jabs, Jenkins, Keating, Mahlum, McNutt, Mesaros, Miller, Mohl, Sprague, Swysgood, Taylor, Thomas, Toews, Mr. President.

Total 33

Nays: Bartlett, Bishop, Brooke, Christiaens, Doherty, Eck, Franklin, Halligan, Jergeson, Lynch, McCarthy, Nelson, Shea, Stang, Van Valkenburg, Waterman, Wilson.

Total 17

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 398 - Senator Taylor moved HB 398 be concurred in. Motion carried as follows:

Yeas: Baer, Bartlett, Beck, Bishop, Brooke, Burnett, Christiaens, Cole, Crismore, DePratu, Devlin, Doherty, Eck, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Swysgood, Taylor, Thomas, Toews, Van Valkenburg, Waterman, Wilson.

Total 43

Nays: Benedict, Crippen, Emerson, Jenkins, Miller, Stang, Mr. President.

Total 7

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 567 - Senator Beck moved HB 567 be concurred in. Motion carried unanimously.

HB 576 - Senator Lynch moved HB 576 be concurred in. Motion carried with Senator Benedict voting nay.

HJR 31 - Senator Jabs moved HJR 31 be concurred in. Motion carried unanimously.

HB 13 - Senator Waterman moved HB 13, second reading copy, be amended as follows:

Amendment failed as follows:

Yeas: Bartlett, Beck, Bishop, Brooke, Burnett, Christiaens, Cole, Crippen, Crismore, Doherty, Eck, Estrada, Franklin, Gage, Glaser, Halligan, Hargrove, Jabs, Jergeson, Miller, Mohl, Nelson, Toews, Waterman, Mr. President.

Total 25

Nays: Baer, Benedict, DePratu, Devlin, Emerson, Foster, Grosfield, Harp, Hertel, Holden, Jenkins, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Wilson.

Total 25

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Foster moved HB 13 be concurred in. Motion carried as follows:

Yeas: Bartlett, Beck, Bishop, Brooke, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jergeson, Keating, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Mohl, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson.

Total 41

Nays: Baer, Benedict, Burnett, Emerson, Estrada, Jenkins, Miller, Toews, Mr. President.

Total 9

Absent or not voting: None.

Total 0

Excused: None.

Total 0

HB 281 - Senator Keating moved HB 281, second reading copy, be amended as follows:

"37-68-313.   Reasonable fees -- deposit of money collected. All fees established by the board under this chapter must be reasonably related to the respective program costs and to appropriations for other purposes. Money collected by the department under this chapter shall must be deposited in the state special revenue fund for the use of the board."

Section 2.  Section 37-69-307, MCA, is amended to read:

"37-69-307.   Examination fee and annual renewal fee. (1) No An applicant for a master plumber's license may not submit to take the examinations prescribed by the board until he the applicant has deposited with the department an examination fee prescribed by the board, and no an applicant for a journeyman plumber's license may submit to not take the examination prescribed by the board until he the applicant has deposited with the department an examination fee as prescribed by the board.

(2)  A license when issued expires each year on the date established by rule of the department. A license issued to a master plumber or a journeyman plumber may be renewed annually without examination, at any time prior to its expiration, by a written request for its renewal directed to the department and the payment of a fee as set by the board for renewal of a master plumber's license or a fee as set by the board for renewal of a journeyman plumber's license. Renewal is for the period of 1 year.

(3)  Fees prescribed by the board pursuant to this section must be reasonably related to the costs incurred by the board in carrying out its respective functions and with appropriations for other purposes."

Section 3.  Section 37-69-308, MCA, is amended to read:

"37-69-308.   Deposit of fees. Money paid for license fees under this chapter shall must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6) and for the use of the department of labor and industry to fund the apprenticeship instruction program.""

37-69-308 70,000"

37-69-308 70,000"

Motion failed as follows:

Yeas: Baer, Benedict, Burnett, Cole, Crismore, Devlin, Emerson, Estrada, Gage, Grosfield, Holden, Jabs, Jenkins, Keating, Miller, Mohl, Sprague, Swysgood, Taylor, Toews, Mr. President.

Total 21

Nays: Bartlett, Beck, Bishop, Brooke, Christiaens, Crippen, DePratu, Doherty, Eck, Foster, Franklin, Glaser, Halligan, Hargrove, Harp, Hertel, Jergeson, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Nelson, Shea, Stang, Thomas, Van Valkenburg, Waterman, Wilson.

Total 29

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Christiaens moved HB 281 be concurred in. Motion carried as follows:

Yeas: Baer, Bartlett, Beck, Bishop, Brooke, Christiaens, Cole, Crippen, Crismore, DePratu, Devlin, Doherty, Eck, Estrada, Foster, Franklin, Gage, Glaser, Grosfield, Halligan, Hargrove, Harp, Hertel, Holden, Jabs, Jergeson, Lynch, Mahlum, McCarthy, McNutt, Mesaros, Nelson, Shea, Sprague, Stang, Swysgood, Taylor, Thomas, Van Valkenburg, Waterman, Wilson, Mr. President.

Total 42

Nays: Benedict, Burnett, Emerson, Jenkins, Keating, Miller, Mohl, Toews.

Total 8

Absent or not voting: None.

Total 0

Excused: None.

Total 0

Senator Harp moved the committee rise and report. Motion carried. Committee arose. Senate resumed. President Aklestad in the Chair. Chairman Thomas moved that the Committee of the Whole report be adopted. Report adopted.

FINANCE & CLAIMS (Swysgood, Chairman): 4/11/97

HB 17, be concurred in. Report adopted.

HB 166, be amended as follows:

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

HB 578, be amended as follows:

"17-6-308.   Authorized investments. (1) Except as provided in subsections (2) and (3) and subject to the provisions of 17-6-201, the Montana permanent coal tax trust fund must be invested as authorized by rules adopted by the board.

(2)  The board may make loans from the permanent coal tax trust fund to the capital reserve account created pursuant to 17-5-1515 to establish balances or restore deficiencies in the account. The board may agree in connection with the issuance of bonds or notes secured by the account or fund to make the loans. Loans must be on terms and conditions determined by the board and must be repaid from revenue realized from the exercise of the board's powers under 17-5-1501 through 17-5-1518 and 17-5-1521 through 17-5-1529, subject to the prior pledge of the revenue to the bonds and notes.

(3)  The board shall allow the Montana board of science and technology development, provided for in 2-15-1818, to administer $12.5 million of the permanent coal tax trust fund for seed capital project loans or mezzanine financing loans and $11.1 million of the permanent coal tax trust fund for research and development project matching funds for projects at Montana public universities. This authority does not extend beyond June 30, 1997 1999, for seed capital project loans and beyond June 30, 1997 1999, for research and development projects. Until the Montana board of science and technology development makes a loan pursuant to the provisions of Title 90, chapter 3, the funds under its administration must be invested by the board pursuant to the provisions of 17-6-201. As seed capital and mezzanine financing loans made pursuant to this subsection are repaid, the Montana board of science and technology development may reinvest the principal in new loans.

(4)  The board shall adopt rules to allow a nonprofit corporation to apply for economic assistance. The rules must recognize that different criteria may be needed for nonprofit corporations than for for-profit corporations.""

Insert: "(1) Except as provided in subsection (2),"

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

HB 580, be amended as follows:

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

HB 584, be amended as follows:

"NEW SECTION. Section 2.  Environmental rehabilitation and prevention account. (1) There is an environmental rehabilitation and prevention account in the state special revenue fund provided for in 17-2-102.

(2) There must be deposited in the account:

(a) fine and penalty money received pursuant to 75-2-412, 75-2-413, 75-2-427, 75-3-407, 75-5-634, 75-6-109, 75-6-114, 75-10-417, 75-10-418, 75-10-423, 75-10-424, 75-10-542, 82-4-141, and 82-4-241;

(b) unclaimed or excess reclamation bond money received pursuant to 82-4-141 and 82-4-241; and

(c) interest earned on the account.

(3) Money in the account is available to the department of environmental quality by appropriation and must be used to pay for:

(a) reclamation of unreclaimed mine lands for which the department may not require reclamation by, or obtain costs of reclamation from, a legally responsible party;

(b) remediation of sites containing hazardous wastes or hazardous substances for which the department may not recover costs from a legally responsible party;

(c) response to an imminent threat of substantial harm to the environment, to public health, or to public safety for which no funding or insufficient funding is available pursuant to 75-1-1101;

(d) experiments designed to improve reclamation or environmental compliance technology; or

(e) environmental compliance education and training of nongovernmental persons.

(4) Whenever penalties and abandoned bond money deposited in the environmental rehabilitation and prevention account during a fiscal year exceed $250,000 $100,000, the amount deposited in the account during the fiscal year in excess of $250,000 $100,000 must, at the end of the fiscal year, be allocated as follows:

(b) the remaining amount is placed in the orphan share account in the state special revenue fund.""

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

HB 615, be concurred in. Report adopted.

Free Conference Committee

on Senate Bill 61

Report No. 1, April 11, 1997,

Mr. President and Mr. Speaker:

We, your Free Conference Committee on Senate Bill 61, met and considered SB 61 in its entirety and

recommend that Senate Bill 61 (reference copy - salmon) be indefinitely postponed.

And that this FREE Conference Committee report be adopted.

For the Senate: For the House:

Keating, Chairman Barnett, Chairman

Stang Keenan

Baer Krenzler

Free Conference Committee

on Senate Bill 99

Report No. 1, April 11, 1997

Mr. President and Mr. Speaker:

We, your Free Conference Committee on Senate Bill 99, met and considered the amendments on the Select Committee on Corrections report dated March 11, 1997.

We recommend that Senate Bill 99 (reference copy - salmon) be amended as follows:

NEW SECTION. Section 13.  Coordination instruction. If Senate Bill No. 48 and this bill are both passed and approved, then the reference to "41-5-206(8) and (9)" in 41-5-1105 in this bill must read "41-5-206(6) and (7)".

And that this FREE Conference Committee report be adopted.

For the Senate: For the House:

Thomas, Chairman Soft, Chairman

Halligan McGee

McNutt Wyatt

Free Conference Committee

on House Bill 131

Report No. 1, April 11, 1997

Mr. Speaker and Mr. President:

We, your Free Conference Committee on House Bill 131, met and considered House Bill 131 (reference copy -- salmon) and recommend that House Bill 131 be amended as follows:

NEW SECTION. Section 47.  Effective dates. (1) Except as provided in subsection (2), [this act] is effective October 1, 1997.

(2) [Section 9] and this section are effective on passage and approval."

And this FREE Conference Committee report be adopted.

For the House: For the Senate:

Barnett, Chairman Benedict, Chairman

Trexler Crismore

Squires McCarthy

HB 13 - Senator Aklestad moved he be allowed to change his vote on Senator Waterman's Amendment to HB 13, second reading, from nay to aye. Motion carried unanimously.

Majority Leader Harp moved that a copy of the memorials read at the Joint Memorial Service, held on April 6, 1997, be entered in the journal, that original copies of these memorials be sent to surviving family members and that the memorials be filed with the Montana Historical Society. Motion carried.

Committee meetings were announced by committee chairmen.

Majority Leader Harp moved that the Senate adjourn until 8:00 a.m., Saturday, April 12, 1997. Motion carried.

Senate adjourned at 3:19 p.m.

ROSANA SKELTON GARY AKLESTAD

Secretary of Senate President of the Senate

April 6, 1997

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.

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, MT.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA;

That we hereby express our esteem and respect to the memory of the honorable Senators and Representatives and extend to the members of their families our sincere sympathy in their great and irreparable loss;

BE IT FURTHER RESOLVED, that a copy of these memorials be entered upon the journals of the Senate and the House of Representatives of the Fifty-fifth Legislature and that original copies of these memorials, signed by the President of the Senate and Speaker of the House of Representatives, the members of the appointed Memorial Committee, and the Secretary of both houses of the Fifty-fifth Legislature, be transmitted to the surviving families, and that an original copy of these memorials be filed with the Montana Historical Society.