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1 House Journal 60Th Legislature First HOUSE JOURNAL 60TH LEGISLATURE FIRST LEGISLATIVE DAY Helena, Montana House Chambers January 3, 2007 State Capitol Pursuant to the Constitution of the State of Montana, at the hour of 12:00 noon, the House of Representatives of the 60th Legislature of the State of Montana was called to order by the Honorable Brad Johnson, Secretary of State of the State of Montana. The Montana National Guard under the leadership of Patrick Flaherty posted the colors. Secretary Johnson led the Pledge of Allegiance to the Flag. Invocation was given by Pastor Bryan Hughes from Grace Bible Church, Bozeman. Secretary Johnson thanked the Montana National Guard and Pastor Hughes. Chief Clerk Marilyn Miller called the roll of the members of the House of Representatives of the 60th Legislature. District #1, Ralph Heinert District #2, Chas V.Vincent District #3, Douglas E. Cordier District #4, Mike Jopek District #5, George Everett District #6, Bill Beck District #7, Jon Sonju District #8, Craig Witte District #9, Bill Jones District #10, Mark W. Blasdel District #11, Janna Taylor District #12, Rick Jore District #13, Pat Ingraham District #14, Gordon R. Hendrick District #15, Joey Jayne District #16, Shannon J. Augare District #17, Rick Ripley District #18, Jesse O'Hara District #19, Mike Milburn District #20, Deborah J. Kottel District #21, Tim Callahan District #22, Bill Wilson District #23, John W. Parker District #24, Eve Franklin District #25, Sue Dickenson District #26, Bill Thomas District #27, Llew Jones District #28, Edith J. Clark District #29, Edward B. Butcher District #30, Dave Kasten District #31, Margarett H. Campbell District #32, Jonathan Windy Boy District #33, Bob Bergren District #34, John L. Musgrove District #35, Wayne C. Stahl 1 HOUSE JOURNAL FIRST LEGISLATIVE DAY - JANUARY 3, 2007 District #36, Julie E. French District #37, Walter L. McNutt District #38, Edward A. Hilbert District #39, Carol Lambert District #40, Bill McChesney District #41, Norma Bixby District #42, Veronica Small-Eastman District #43, Duane Ankney District #44, William E. Glaser District #45, Alan Olson District #46, Ken Peterson District #47, Dennis Himmelberger District #48, Wanda Grinde District #49, Kendall Van Dyk District #50, Tom McGillvray District #51, Robyn Driscoll District #52, Arlene Becker District #53, Elsie Arntzen District #54, Gary Branae District #55, Michael Lange District #56, Ernie Dutton District #57, Penny Morgan District #58, Krayton D. Kerns District #59, Scott L. Boggio District #60, Jack Ross District #61, Bruce Malcolm District #62, Bob Ebinger District #63, Jennifer Pomnichowski District #64, Franke Wilmer District #65, Brady Wiseman District #66, Mike Phillips District #67, John Sinrud District #68, Scott Sales District #69, Jack Wells District #70, Roger Koopman District #71, Diane Rice District #72, Debby Barrett District #73, Art Noonan District #74, George C. Groesbeck District #75, Jim Keane District #76, Jon C. Sesso District #77, Scott Mendenhall District #78, Jill Cohenour District #79, Dave Gallik District #80, Mary M. Caferro District #81, Galen Hollenbaugh District #82, Hal Jacobson District #83, Harry W. Klock District #84, John Ward District #85, Cindy Hiner District #86, Dan Villa 2 HOUSE JOURNAL FIRST LEGISLATIVE DAY - JANUARY 3, 2007 District #87, Ron Stoker District #88, Bob Lake District #89, Gary MacLaren District #90, Ray Hawk District #91, Kevin Furey District #92, Robin Hamilton District #93, Ron Erickson District #94, Dave McAlpin District #95, Diane Sands District #96, Teresa K. Henry District #97, Michele Reinhart District #98, Holly Raser District #99, Betsy Hands District #100, Bill Nooney All members present. Quorum present. Brad Johnson, Secretary of the State of the State of Montana, extended greetings to the members on behalf of the State of Montana and then introduced the Honorable Karla Gray, Chief Justice of the Supreme Court of Montana. Chief Justice Gray administered the following oath of office: "I do solemnly swear that I will support, protect and defend the Constitution of the United States and the Constitution of the State of Montana and that I will discharge the duties of my office as a member of the Sixtieth Legislature, with Fidelity so help me God." Secretary of State Johnson informed the members of the House of Representatives that he had been advised that all oaths of office had been signed and received. These were presented to Chief Justice Gray for her acknowledgment and then filed in the Secretary of State' s office. Secretary of State Johnson called for nominations for Speaker of the House of Representatives. Representative Mike Lange nominated the Honorable Scott Sales, House District 68, to be Speaker of the House. Representative John Parker moved the nominations be closed. Motion carried unanimously. Secretary Johnson declared that Representative Sales had been duly elected Speaker of the House of Representatives for the 60th Legislature. Speaker Sales was escorted to his chair on the Rostrum. Speaker Sales gave brief remarks and introduced his family. Representative Sales moved the following be nominated as officers of the House of Representative for the 60th Legislature: Chief Clerk - Marilyn Miller Sergeant-at-Arms - Nancy Clark The House officers were unanimously elected. Representative Lange moved that Representative Debby Barrett be nominated as Speaker Pro-Tem of the House of Representatives. 3 HOUSE JOURNAL FIRST LEGISLATIVE DAY - JANUARY 3, 2007 Representative Debby Barrett was unanimously elected as Speaker Pro Tem. The House officers were unanimously elected as follows: Representative Mike Lange, Majority Leader; Representative John Parker, Minority Leader; Representative Gary Maclaren, Republican Whip; Representative Tom McGillvray, Republican Whip; Representative Margarett Campbell, Democratic Whip and Representative Dave McAlpin, Democratic Whip. Speaker Sales recognized House Minority Leader, John Parker who then spoke to the House on behalf of the Minority. Representative Lange moved that the House rules contained in House Resolution No. 1 be adopted as the temporary House operating rules of the 60th Legislature. Representative Bob Bergren made a substitute motion which stated: Substitute motion: Amend the motion to adopt HR 1 as temporary operating rules of the House with the following change: H10-20. Speaker's duties. (1) The Speaker is the presiding officer of the House, with authority for administration, order, decorum, and the interpretation and enforcement of rules in all House deliberations. (2) The Speaker shall see that all members conduct themselves in a civil manner in accordance with accepted standards of parliamentary conduct. The Speaker may, when necessary, order the Sergeant-at-Arms to clear the aisles and seat the members of the House so that business may be conducted in an orderly manner. (3) Signs, placards, or other objects of a similar nature are not permitted in the rooms, lobby, gallery, or on the floor of the House. The Speaker may order the galleries, lobbies, or hallway cleared in case of disturbance or disorderly conduct. (4) The Speaker shall appoint and may remove the members of all standing and select committees not otherwise specified by law or rule. Prior to making committee assignments, the Speaker shall take into consideration the recommendations of the minority leader for minority committee assignments and the appointment of the minority vice chairmen. For all standing committees other than the Rules Committee, the party division on the committees must be the same as the party division on Senate standing committees. For the Rules Committee, the Speaker shall determine the total number of members and the party division, but each party shall appoint its own members. The Speaker may appoint an additional at-large member to the Rules Committee from either party. (4)(5) The Speaker shall sign all necessary certifications by the House, including enrolled bills and resolutions, journals (section 5-11-201, MCA), subpoenas, and payrolls. (5)(6) The Speaker shall arrange the agendas for second and third readings each legislative day after good faith consultation with the House Democratic Leader and the House Republican Leader. Representatives may amend the agendas as provided in H40-130. (6)(7) The Speaker is the chief officer of the House, with authority for all House employees. The Speaker may seek the advice and counsel of the Legislative Administration Committee regarding employees. (7)(8) The Speaker may name any member to perform the duties of the chair. If the House is not in session and the Speaker pro tempore is not available, the Speaker shall name a member who shall call the House to order and preside during the Speaker's absence. (8)(9) Upon request of the House Leader of the opposite party, the Speaker will submit a request for a fiscal note on any bill. 4 HOUSE JOURNAL FIRST LEGISLATIVE DAY - JANUARY 3, 2007 The substitute motion failed as follows: Ayes: Augare, Becker, Bergren, Bixby, Branae, Caferro, Callahan, Campbell, Cohenour, Cordier, Dickenson, Driscoll, Ebinger, Erickson, Franklin, French, Furey, Gallik, Grinde, Groesbeck, Hamilton, Hands, Henry, Hiner, Hollenbaugh, Jacobson, Jayne, Jopek, Keane, Kottel, McAlpin, McChesney, Musgrove, Noonan, Parker, Phillips, Pomnichowski, Raser, Reinhart, Sands, Sesso, Small-Eastman, Thomas, Van Dyk, Villa, Wilmer, Wilson, Windy Boy, Wiseman. Total 49 Noes: Ankney, Arntzen, Barrett, Beck, Blasdel, Boggio, Butcher, Clark, Dutton, Everett, Glaser, Hawk, Heinert, Hendrick, Hilbert,
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