House journal of the ... Legislature of the State of Montana

2021·10.3 MB·English

by  Montana. Legislature. House of Representatives

HOUSE JOURNAL
67TH LEGISLATURE
FIRST LEGISLATIVE DAY
Helena, Montana House Chambers
January 4, 2021 State Capitol
Pursuant to the Constitution of the State of Montana, at the hour of 12:00 noon, the House of
Representatives of the 67th Legislature of the State of Montana was called to order by the
Honorable, Christi Jacobsen, Secretary of State for the State of Montana.
The Montana National Guard Honor Guard posted the colors. Secretary Jacobsen led the Pledge
of Allegiance to the Flag and the National Anthem was sung by Faith Johnson of Helena, Montana.
Invocation was given by Father Lebsock from the parish of Saints Cyril & Methodius (East Helena).
Secretary Jacobsen thanked Father Lebsock, Faith Johnson, and the Montana National Guard
Honor Guard.
Chief Clerk Carolyn Tschida called the roll of members of the House of Representatives of the 67th
Legislature.
House District 01 Steve Gunderson
House District 02 Neil Duram
House District 03 Braxton Mitchell
House District 04 Matt Regier
House District 05 Dave Fern
House District 06 Amy Regier
House District 07 Frank Garner
House District 08 John Fuller
House District 09 Brian Putnam
House District 10 Mark Noland
House District 11 Derek Skees
House District 12 Linda Reksten
House District 13 Paul Fielder
House District 14 Denley Loge
House District 15 Marvin Weatherwax Jr
House District 16 Tyson Running Wolf
House District 17 Ross Fitzgerald
House District 18 Llew Jones
House District 19 Wendy McKamey
House District 20 Fred Anderson
House District 21 Ed Buttrey
House District 22 Lola Sheldon-Galloway
House District 23 Scot Kerns
House District 24 Steven Galloway
House District 25 Steve Gist
House District 26 Jeremy Trebas
House District 27 Josh Kassmier
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House District 28 Ed Hill
House District 29 Dan Bartel
House District 30 E. Wylie Galt
House District 31 Frank Smith
House District 32 Jonathan Windy Boy
House District 33 Casey Knudsen
House District 34 Rhonda Knudsen
House District 35 Brandon Ler
House District 36 Bob Phalen
House District 37 Jerry Schillinger
House District 38 Kenneth Holmlund
House District 39 Geraldine Custer
House District 40 Barry Usher
House District 41 Rynalea Whiteman Pena
House District 42 Sharon Stewart Peregoy
House District 43 Kerri Seekins-Crowe
House District 44 Larry Brewster
House District 45 Katie Zolnikov
House District 46 Bill Mercer
House District 47 Kathy Kelker
House District 48 Jessica Karjala
House District 49 Emma Kerr-Carpenter
House District 50 Mallerie Stromswold
House District 51 Frank Fleming
House District 52 Jimmy Patelis
House District 53 Dennis Lenz
House District 54 Terry Moore
House District 55 Vince Ricci
House District 56 Sue Vinton
House District 57 Fiona Nave
House District 58 Seth Berglee
House District 59 Marty Malone
House District 60 Laurie Bishop
House District 61 Jim Hamilton
House District 62 Ed Stafman
House District 63 Alice Buckley
House District 64 Jane Gillette
House District 65 Kelly Kortum
House District 66 Denise Hayman
House District 67 Jedediah Hinkle
House District 68 Caleb Hinkle
House District 69 Jennifer Carlson
House District 70 Julie Dooling
House District 71 Kenneth Walsh
House District 72 Tom Welch
House District 73 Jim Keane
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House District 74 Derek Harvey
House District 75 Marta Bertoglio
House District 76 Donavon Hawk
House District 77 Sara Novak
House District 78 Gregory Frazer
House District 79 Robert Farris-Olsen
House District 80 Becky Beard
House District 81 Mary Caferro
House District 82 Moffie Funk
House District 83 Kim Abbott
House District 84 Mary Ann Dunwell
House District 85 Michele Binkley
House District 86 David Bedey
House District 87 Ron Marshall
House District 88 Sharon Greef
House District 89 Katie Sullivan
House District 90 Marilyn Marler
House District 91 Connie Keogh
House District 92 Mike Hopkins
House District 93 Joe Read
House District 94 Tom France
House District 95 Danny Tenenbaum
House District 96 Kathy Whitman
House District 97 Brad Tschida
House District 98 Willis Curdy
House District 99 Mark Thane
House District 100 Andrea Olsen
Roll Call. All members present. Quorum present.
Christi Jacobsen, Secretary of State of the State of Montana, extended greetings to the members
on behalf of the State of Montana and delivered the following speech:
On behalf of the state of Montana, the 41st state admitted to the Union, I would like to welcome you
all to the Montana House of Representatives. I'm Secretary of State Christi Jacobsen, and I would
like to be the first to congratulate each and every one of you on being elected to serve in the 67th
legislature of the state of Montana.
I, along with our fellow Montanans, thank you for your service.
As you look around the room today, you'll see some familiar faces, but likely many new faces, as
well. As you spend the next 90 days of the legislative session getting to know one another,
searching for common ground - agreeing or even disagreeing - I ask you to remember that these
are the faces of your fellow Montanans. Today, and all 90 days, are about the people of Montana
working together for their best interest.
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Today begins my favorite part of the session - as each of you prepare to carry out your
responsibilities, you bring fresh ideas and a rejuvenated energy into this historic building. Our great
state has a bright future under new leadership - leadership whose goal is to work with you to help
Montana communities and businesses thrive.
There's no denying 2020 was a challenging and trying year, across the country and right here at
home. Businesses were closed, schools went remote and we fought to keep our loved ones healthy
and safe.
As difficult as the past 10 months have been, I know, as you know, Montanans are built to
overcome a challenge. Our friends and neighbors have shown perseverance and resilience,
compassion and courage.
As you have seen over the past couple of weeks, the COVID-19 vaccine is now here in our
communities, being supplied to our frontline healthcare workers, military and veterans, and soon
our elderly, essential workers, and those others at an elevated risk for contracting the virus.
As you embark on this journey, performing your duties and responsibilities, I ask that each of you
display the same qualities shown by your fellow Montanans - perseverance, resilience, compassion
and courage. You will be presented with the daunting, but noble task of drafting and voting on
legislation that affects our great state, but with dedication and the spirit of cooperation, you will
succeed in setting state policies on a variety of topics.
It will be important for each of you to think of the bigger picture, what's best for this institution and
this great state. In doing this, I encourage you to form new friendships - not just with those that
agree with you, but those with differing views. When working together, the great minds in this room
will be capable of incredible things.
As your Secretary of State, I look forward to working with each of you in putting 2020 behind us and
moving ahead to 2021. Again, I thank you for your service and wish you well on the coming weeks
and months. I speak for our fellow Montanans when I say we're behind you, cheering you on and
looking forward to the great work you do in bettering Montana's future. God bless, I wish you the
best session in Montana history!
SPECIAL ORDERS OF THE DAY
Secretary of State Jacobsen introduced the Honorable Laurie McKinnon, Justice of the Montana
Supreme Court. Representative Patelis and Representative Funk escorted Justice McKinnon into
the chamber.
Justice McKinnon administered the following oath of office:
"I do solemnly swear that I will support, protect and defend the Constitution of the United States,
the Constitution of the State of Montana, and I will discharge the duties of my office as a Montana
State Representative with fidelity, so help me God"
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Secretary of State Jacobsen thanked Justice McKinnon and asked the members of the House of
Representatives to sign their copies of the oath of offices. These will be presented to Justice
McKinnon for her acknowledgment and then filed in the Secretary of State's office. Representative
Patelis and Representative Funk escorted Justice McKinnon from the chamber.
Secretary of State Jacobsen called for nominations for the office of Speaker of the House. Majority
Leader-elect Vinton nominated Representative E. Wylie Galt. Minority Leader-elect Abbott moved
that the nominations be closed. Motion carried.
Secretary of State Jacobsen declared that Representative E. Wylie Galt has been duly elected
Speaker of the House of Representatives for the 67th Legislature. Speaker Pro Tempore-elect
Casey Knudsen and Representative Kerr-Carpenter escorted Speaker Galt to the Rostrum.
Speaker Galt thanked Secretary Jacobsen on behalf of the House. Representative Noland and
Representative Keane escorted Secretary of State Jacobsen from the House Chamber.
Speaker Galt addressed the House.
Thank you, Majority Leader-elect Vinton. I am truly honored and humbled to accept the nomination
to serve as your Speaker. I look forward to working with each of you to deliver strong results for
our state over the next 90 days.
As Legislators, we represent the diverse people and places of our state. I am hopeful that we will
continue a tradition of respect and civility. You have my promise that I will lead the House with
these values in mind.
To the Republican members of this body, I thank you for your vote of confidence to unite us behind
our shared policy goals. To the Democratic members, your voices will be heard and respected.
That is the Montana tradition.
It is my priority to ensure a safe and healthy working environment for all in the Capitol building this
session. That includes virtual participation for legislators and constituents. This will be the most
accessible legislative session in history.
Thank you. Let's get to work.
Majority Leader-elect Vinton moved the following individuals be nominated as officers of the House
of Representatives:
Chief Clerk Carolyn Tschida
Sergeant-at-Arms Brad Murfitt
The House Officers were appointed by unanimous consent.
Majority Leader-elect Vinton moved that Representative Casey Knudsen be nominated as Speaker
Pro Tempore of the House of Representatives.
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Representative Casey Knudsen was unanimously elected.
Chief Clerk Tschida read the following announcement from the Caucus:
"This is to advise you that the caucuses have elected the following officials:
House Majority Leader - Representative Sue Vinton
House Minority Leader - Representative Kim Abbott
House Majority Whips - Representative Seth Berglee, Representative Dennis Lenz, Representative
Lola Sheldon-Galloway, Representative Derek Skees, Representative Barry Usher
House Minority Whips - Representative Laurie Bishop, Representative Derek Harvey,
Representative Tyson Running Wolf
House Minority Caucus Chair - Representative Marilyn Marler"
Majority Leader Vinton addressed the House.
Minority Leader Abbott addressed the House.
MOTIONS
Majority Leader Vinton moved the Joint rules contained in Senate Joint Resolution No. 1 be
adopted as the temporary joint operating rules of the 67th Legislature. Motion carried as follows:
Yeas: Anderson, Bartel, Bedey, Berglee, Bertoglio, Binkley, Buttrey, Carlson, Custer, Dooling,
Duram, Fielder, Fitzgerald, Fleming, Frazer, Galt, Garner, Gist, Greef, Gunderson, Hill, Hinkle J,
Holmlund, Hopkins, Jones, Kassmier, Kerns, Knudsen C, Knudsen R, Lenz, Ler, Loge, Malone,
Marshall, McKamey, Mercer, Mitchell, Moore, Noland, Patelis, Phalen, Putnam, Read, Regier A,
Regier M, Reksten, Ricci, Seekins-Crowe, Sheldon-Galloway, Skees, Stromswold, Trebas, Vinton,
Walsh, Welch, Whitman, Zolnikov.
Total 57
Nays: Abbott, Beard, Bishop, Brewster, Buckley, Caferro, Curdy, Dunwell, Farris-Olsen, Fern,
France, Fuller, Funk, Galloway, Gillette, Hamilton, Harvey, Hawk, Hayman, Hinkle C, Karjala,
Keane, Kelker, Keogh, Kerr-Carpenter, Kortum, Marler, Novak, Olsen, Running Wolf, Schillinger,
Smith, Stafman, Stewart Peregoy, Sullivan, Tenenbaum, Thane, Tschida, Usher, Weatherwax,
Whiteman Pena, Windy Boy.
Total 42
Voted absentee: None.
Excused: None.
Total 0
Absent or not voting: Nave.
Total 1
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Majority Leader Vinton moved that the 2019 House rules be adopted as the temporary House
operating rules of the 67th Legislature.
Representative Noland moved a substitute motion to adopt the 2017 House rules as the temporary
House operating rules of the 67th Legislature. Motion failed as follows:
Yeas: Bartel, Beard, Berglee, Binkley, Brewster, Carlson, Duram, Fielder, Fleming, Fuller,
Galloway, Gillette, Gist, Gunderson, Hill, Hinkle C, Hinkle J, Kerns, Knudsen R, Lenz, Ler, Mercer,
Mitchell, Moore, Nave, Noland, Patelis, Phalen, Read, Regier A, Regier M, Reksten, Ricci,
Schillinger, Seekins-Crowe, Sheldon-Galloway, Skees, Stromswold, Trebas, Tschida, Usher,
Zolnikov.
Total 42
Nays: Abbott, Anderson, Bedey, Bertoglio, Bishop, Buckley, Buttrey, Caferro, Curdy, Custer,
Dooling, Dunwell, Farris-Olsen, Fern, Fitzgerald, France, Frazer, Funk, Galt, Garner, Greef,
Hamilton, Harvey, Hawk, Hayman, Holmlund, Hopkins, Jones, Karjala, Kassmier, Keane, Kelker,
Keogh, Kerr-Carpenter, Knudsen C, Kortum, Loge, Malone, Marler, Marshall, McKamey, Novak,
Olsen, Putnam, Running Wolf, Smith, Stafman, Stewart Peregoy, Sullivan, Tenenbaum, Thane,
Vinton, Walsh, Weatherwax, Welch, Whiteman Pena, Whitman, Windy Boy.
Total 58
Voted absentee: None.
Excused: None.
Total 0
Absent or not voting: None.
Total 0
The motion of Majority Leader Vinton that the 2019 House rules be adopted as the temporary
House operating rules of the 67th Legislature carried as follows:
Yeas: Abbott, Anderson, Bedey, Berglee, Bertoglio, Binkley, Bishop, Brewster, Buckley, Buttrey,
Caferro, Carlson, Curdy, Custer, Dooling, Dunwell, Duram, Farris-Olsen, Fern, Fitzgerald, Fleming,
France, Frazer, Funk, Galt, Garner, Gillette, Gist, Greef, Hamilton, Harvey, Hawk, Hayman, Hill,
Holmlund, Hopkins, Jones, Karjala, Kassmier, Keane, Kelker, Keogh, Kerns, Kerr-Carpenter,
Knudsen C, Knudsen R, Kortum, Lenz, Ler, Loge, Malone, Marler, Marshall, McKamey, Mercer,
Mitchell, Moore, Nave, Novak, Olsen, Patelis, Putnam, Regier A, Reksten, Running Wolf,
Seekins-Crowe, Smith, Stafman, Stewart Peregoy, Stromswold, Sullivan, Tenenbaum, Thane,
Trebas, Vinton, Walsh, Weatherwax, Welch, Whiteman Pena, Whitman, Windy Boy, Zolnikov.
Total 82
Nays: Bartel, Beard, Fielder, Fuller, Galloway, Gunderson, Hinkle C, Hinkle J, Noland, Phalen,
Read, Regier M, Ricci, Schillinger, Sheldon-Galloway, Skees, Tschida, Usher.
Total 18
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Voted absentee: None.
Excused: None.
Total 0
Absent or not voting: None.
Total 0
Majority Leader Vinton moved the Speaker appoint a Committee of two members to notify the
Governor that the House is now organized and ready to do business. Motion Carried.
Speaker Galt appointed Representative Dooling and Representative Stewart Peregoy.
Majority Leader Vinton moved the Speaker appoint a Committee of two members to notify the
Senate that the House is now organized and ready to do business. Motion Carried.

Speaker Galt appointed Representative Beard and Representative Smith.
Majority Leader Vinton moved the Speaker appoint a Committee of two members to notify the
Supreme Court that the House is now organized and ready to do business. Motion Carried.

Speaker Galt appointed Representative Moore and Representative Kelker.
Speaker Galt directed the House stand at ease to await the report of the Select Committee from
the Senate and the three Select Committees of the House.
House recessed.
House reconvened.
MESSAGES FROM THE SENATE
The Honorable Committee from the Senate, consisting of Senator Kary and Senator Lynch was
admitted into the House Chamber and reported to the House that the Senate was organized and
ready for business.
REPORTS OF SELECT COMMITTEES
The Select Committee appointed to notify the Senate that the House is organized and ready to do
business, reported they had done so. The Select Committee was thanked and discharged.
The Select Committee appointed to notify the Governor that the House is organized and ready to
do business, reported they had done so. The Select Committee was thanked and discharged.
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FIRST LEGISLATIVE DAY - JANUARY 4, 2021
The Select Committee appointed to notify the Supreme Court, by letter, that the House is organized
and ready to do business, reported they had done so. The Select Committee was thanked and
discharged.
FIRST READING AND COMMITMENT OF BILLS
The following House bills were introduced, read first time, and referred to committees:
HB 1, introduced by L. Jones (by request of the Legislative Council), referred to Appropriations.
HB 2, introduced by L. Jones (by request of the Office of Budget and Program Planning), referred
to Appropriations.
HB 3, introduced by D. Bedey (by request of the Office of Budget and Program Planning), referred
to Appropriations.
HB 4, introduced by D. Bartel (by request of the Office of Budget and Program Planning), referred
to Appropriations.
HB 5, introduced by L. Jones (by request of the Office of Budget and Program Planning), referred
to Appropriations.
HB 6, introduced by M. Hopkins (by request of the Department of Natural Resources and
Conservation and the Office of Budget and Program Planning), referred to Appropriations.
HB 7, introduced by M. Hopkins (by request of the Department of Natural Resources and
Conservation and the Office of Budget and Program Planning), referred to Appropriations.
HB 8, introduced by M. Hopkins (by request of the Department of Natural Resources and
Conservation and the Office of Budget and Program Planning), referred to Appropriations.
HB 9, introduced by M. Hopkins (by request of the Office of Budget and Program Planning),
referred to Appropriations.
HB 10, introduced by K. Holmlund (by request of the Office of Budget and Program Planning),
referred to Appropriations.
HB 11, introduced by W. McKamey (by request of the Department of Commerce), referred to
Appropriations.
HB 12, introduced by M. Hopkins (by request of the Department of Commerce), referred to
Appropriations.
HB 13, introduced by J. Dooling (by request of the Office of Budget and Program Planning),
referred to Appropriations.
HB 14, introduced by M. Hopkins (by request of the Office of Budget and Program Planning),
referred to Appropriations.
HB 15, introduced by F. Anderson (by request of the Office of Budget and Program Planning),
referred to Education.
HB 16, introduced by F. Anderson (by request of the Education Interim Committee), referred to
Education.
HB 17, introduced by J. Hamilton (by request of the Revenue Interim Committee), referred to
Taxation.
HB 18, introduced by G. Custer (by request of the Local Government Interim Committee), referred
to Appropriations.
HB 19, introduced by E. Buttrey (by request of the Department of Revenue), referred to Business
and Labor.
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HB 20, introduced by B. Beard (by request of the Department of Transportation), referred to
Transportation.
HB 21, introduced by G. Custer (by request of the Local Government Interim Committee), referred
to Appropriations.
HB 22, introduced by F. Garner (by request of the Department of Military Affairs), referred to Local
Government.
HB 23, introduced by B. Beard (by request of the Revenue Interim Committee), referred to
Taxation.
HB 24, introduced by S. Gunderson (by request of the Department of Military Affairs), referred to
State Administration.
HB 25, introduced by M. Funk (by request of the Education Interim Committee), referred to
Education.
HB 26, introduced by M. Funk (by request of the Education Interim Committee), referred to
Education.
HB 27, introduced by M. Funk (by request of the Education Interim Committee), referred to
Education.
HB 28, introduced by F. Fleming (by request of the Law and Justice Interim Committee), referred
to Judiciary.
HB 29, introduced by J. Trebas (by request of the Department of Military Affairs), referred to State
Administration.
HB 30, introduced by J. Karjala (by request of the State Administration and Veterans' Affairs
Interim Committee), referred to State Administration.
HB 31, introduced by E. Buttrey (by request of the Department of Military Affairs), referred to State
Administration.
HB 32, introduced by S. Vinton (by request of the Education Interim Committee), referred to
Education.
HB 33, introduced by S. Vinton (by request of the Education Interim Committee), referred to
Education.
HB 34, introduced by F. Smith (by request of the State-Tribal Relations Committee), referred to
Energy, Technology and Federal Relations.
HB 35, introduced by S. Stewart Peregoy (by request of the State-Tribal Relations Committee),
referred to Judiciary.
HB 36, introduced by S. Stewart Peregoy (by request of the State-Tribal Relations Committee),
referred to Judiciary.
HB 37, introduced by T. Welch (by request of the Children, Families, Health, and Human Services
Interim Committee), referred to Human Services.
HB 38, introduced by T. Welch (by request of the Children, Families, Health, and Human Services
Interim Committee), referred to Human Services.
HB 39, introduced by D. Lenz (by request of the Children, Families, Health, and Human Services
Interim Committee), referred to Human Services.
HB 40, introduced by W. Curdy (by request of the Environmental Quality Council), referred to Fish,
Wildlife and Parks.
HB 41, introduced by M. Funk (by request of the State Auditor), referred to Business and Labor.
HB 42, introduced by N. Duram (by request of the Department of Natural Resources and
Conservation), referred to Natural Resources.
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