HOUSE JOURNAL 67TH LEGISLATURE SIXTY-NINTH LEGISLATIVE DAY Helena, Montana House Chambers April 12, 2021 State Capitol House convened at 1:00 p.m. Mr. Speaker presiding. Invocation by Representative Anderson. Pledge of Allegiance to the Flag. Roll Call. All members present. Quorum present. BILLS (J. Hinkle, Chair): 4/12/2021 Correctly printed: HJR 30, HJR 34, HJR 35, HR 7, SB 108, SB 167, SB 174, SB 182, SB 185, SB 186, SB 190, SB 212, SB 214, SB 216, SB 223, SB 233, SB 234, SB 239, SB 249, SB 253, SB 257, SB 258, SB 261, SB 269, SB 270, SB 280, SB 283, SB 286, SB 302, SB 306, SB 307, SB 327, SB 345, SB 348, SB 350, SB 351, SB 372, SJR 5, SJR 6, SJR 11, SJR 13, SJR 21. Correctly engrossed: SB 87, SB 172, SB 173, SB 272, SB 294, SB 355, SB 358. Correctly enrolled: HB 451, HB 463, HB 480, HB 589. Examined by the sponsor and found to be correct: HB 451, HB 463, HB 480, HB 589. Transmitted to the Senate: SB 40, SB 108, SB 167, SB 174, SB 190, SB 216, SB 223, SB 233, SB 234, SB 239, SB 253, SB 257, SB 258, SB 261, SB 270, SB 280, SB 283, SB 286, SB 302, SB 306, SB 307, SB 327, SB 345, SB 348, SB 350, SB 351, SB 372, SJR 5, SJR 6, SJR 11, SJR 21. Signed by the Speaker at 3:00 p.m., April 12, 2021: HB 201, HB 258, HB 298, HB 394. Signed by the Chief Clerk of the House at 3:05 p.m., April 12, 2021: HB 201, HB 258, HB 298, HB 394. Signed by the Speaker at 3:30 p.m., April 12, 2021: HB 451, HB 463, HB 480, HB 589. Signed by the Chief Clerk of the House at 3:45 p.m., April 12, 2021: HB 451, HB 463, HB 480, HB 589. LEGISLATIVE ADMINISTRATION (J. Hinkle, Chair): 4/12/2021 MR. SPEAKER: We, your committee on Legislative Administration recommend employment of the following pages of the House be ceased as of 5:00 p.m., Friday, April 9, 2021: Emmett Allen, Bozeman Brayden Keane, Butte Carly Larson, Bozeman Elizabeth Walker, Helena and recommend the following pages of the House be employed as of 1:00 p.m., Monday, April 12, 2021: STATE INTERNET/BBS COPY 1 HOUSE JOURNAL SIXTY-NINTH LEGISLATIVE DAY - APRIL 12, 2021 Cassidy Carpenter, East Helena Kaitlyn Ruch, Helena Kamdyn Wade, Helena Report Adopted. REPORTS OF STANDING COMMITTEES APPROPRIATIONS (Jones, Chair): 4/12/2021 SB 249, be concurred in. Report adopted. BUSINESS AND LABOR (Noland, Chair): 4/8/2021 SB 172, be amended as follows: 1. Page 6, line 1. Strike: "or" Insert: "and" And, as amended, be concurred in. Report adopted. SB 173, be amended as follows: 1. Page 1, line 17. Strike: "60" Insert: "45" 2. Page 1, line 20. Strike: "60" Insert: "45" 3. Page 2, line 19. Strike: "60" Insert: "45" 4. Page 3, line 7. Strike: "60" Insert: "45" And, as amended, be concurred in. Report adopted. SB 185, be concurred in. Report adopted. BUSINESS AND LABOR (Noland, Chair): 4/92021 SJR 13, be concurred in. Report adopted. STATE INTERNET/BBS COPY 2 HOUSE JOURNAL SIXTY-NINTH LEGISLATIVE DAY - APRIL 12, 2021 ENERGY, TECHNOLOGY AND FEDERAL RELATIONS (Skees, Chair): 4/7/2021 SB 87, be amended as follows: 1. Title, line 7 through line 8. Strike: "CONVEYANCE" on line 7 through "ENSURING" on line 8 Insert: "A WATER FEASIBILITY STUDY BE COMPLETED BY THE OWNERS OF A COAL-FIRED GENERATING UNIT TO ENSURE" 2. Title, line 8 through line 9. Following: "SUPPLY" Strike: "AND" on line 8 through "REMEDIATION" on line 9 3. Title, line 9. Strike: "SECTIONS" Insert: "SECTION" 4. Title, line 10. Following: "75-8-103" Strike: "AND 75-10-721" 5. Title, line 10. Following: "DATE" Insert: "AND AN APPLICABILITY DATE" 6. Page 1. Following: line 13 Insert: "NEW SECTION. Section 1. Water feasibility study. (1) On or before November 1, 2022, the owners of a coal-fired generating unit shall complete a water feasibility study in accordance with subsection (2). Costs of completing the study must be shared among the owners based on each owner's individual ownership interest in the coal-fired generating unit. (2) The study required in subsection (1) must include: (a) planning to ensure a local government attendant to a coal-fired generating unit is able to access the local government's water rights and related infrastructure in the event of closure of the coal-fired generating unit; (b) an estimation of potential conveyance costs that could be incurred by a local government, for up to a 30-year timeline following closure of a facility; and (c) recommendations, developed in consultation with the community attendant to a coal- fired generating unit, for meeting financial obligations necessary to ensure the affected local government is able to maintain its water supply and water rights. (3) The study must be submitted to the department and included in remediation plans required in accordance with this part." Renumber: subsequent sections 7. Page 2, line 24. Strike: "compliance with remedial actions in accordance with 75-10-721" STATE INTERNET/BBS COPY 3 HOUSE JOURNAL SIXTY-NINTH LEGISLATIVE DAY - APRIL 12, 2021 Insert: "a water feasibility study completed in accordance with [section 1]" 8. Page 3, line 19 through page 5, line 10. Strike: section 2 in its entirety Renumber: subsequent sections 9. Page 5. Following: line 11 Insert: "NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 75, chapter 8, part 1, and the provisions of Title 75, chapter 8, part 1 apply to [section 1]" Renumber: subsequent sections 10. Page 5. Following: line 19 Insert: "NEW SECTION. Section 6. Applicability. [This act] applies to remediation plans filed on or after [the effective date of this act]." And, as amended, be concurred in. Report adopted. ENERGY, TECHNOLOGY AND FEDERAL RELATIONS (Skees, Chair): 4/9/2021 SB 272, be amended as follows: 1. Page 1, line 13. Strike: "19" Insert: "17" 2. Page 1, line 26 through line 27. Strike: subsection (j) in its entirety Renumber: subsequent subsections 3. Page 2, line 1 through line 2. Strike: subsections (l) and (m) in their entirety Renumber: subsequent subsections 4. Page 2, line 19. Strike: "is" Insert: "and the secretary of state are" 5. Page 2, line 21. Following: "justice" Strike: ", THE SECRETARY OF STATE," STATE INTERNET/BBS COPY 4 HOUSE JOURNAL SIXTY-NINTH LEGISLATIVE DAY - APRIL 12, 2021 6. Page 3, line 6. Following: "network" Insert: "or fails to meet the minimum security policies and standards set by the department" 7. Page 3, line 9. Following: "center." Insert: "If the department of justice, the secretary of state, the university system, or the office of public instruction does not utilize a service program after the department's rate was set for the biennium, the agency shall continue to pay any fees associated with the service or program for the remainder of the biennium." And, as amended, be concurred in. Report adopted. JUDICIARY (Usher, Chair): 4/9/2021 HR 7, be adopted. Report adopted. MESSAGES FROM THE SENATE SB 227 - The Senate, on motion duly carried, overrode the Governor's veto of SB 227, and request that the House make a like motion and report the subsequent vote to the Senate for further action. 4/12/2021 MESSAGES FROM THE GOVERNOR April 9, 2021 The Honorable Wylie Galt Speaker of the House State Capitol Helena, Montana 59620 Dear Speaker Galt: On Thursday, April 8, 2021, I signed the following bills: House Bill 37 - Welch House Bill 39 - Lenz House Bill 58 - Karjala House Bill 71 - Garner House Bill 95 - Tschida House Bill 139 - Welch House Bill 157 - Marshall House Bill 224 - Fielder House Bill 225 - Fielder House Bill 304 - Garner STATE INTERNET/BBS COPY 5 HOUSE JOURNAL SIXTY-NINTH LEGISLATIVE DAY - APRIL 12, 2021 House Bill 309 - Read House Bill 353 - Gunderson House Bill 437 - Keane House Bill 566 - Welch House Bill 594 - Read The bills have been delivered to the Secretary of State's office. I have vetoed House Bill 97 - McKamey Sincerely, GREG GIANFORTE Governor April 9, 2021 The Honorable Wylie Galt Speaker of the House State Capitol Helena, MT 59620 The Honorable Mark Blasdel President of the Senate State Capitol Helena, MT 59620 Dear Speaker Galt and President Blasdel: In accordance with the power vested in me as Governor by the Constitution and the laws of the State of Montana, I hereby veto House Bill 97, “AN ACT CLARIFYING ETHICS ENFORCEMENT AND REQUIREMENTS AS THEY PERTAIN TO MEMBERS OF CERTAIN BOARDS AND COMMISSIONS, AND COMMITTEES; AND AMENDING SECTIONS 2-2-102, 2-2-103, 2-2-136, AND 2-2-144, MCA”. HB 97 expands the authority of the Commissioner of Political Practices (COPP) to adjudicate ethics violations of certain board, commission, and committee members. The bill was presented to the legislature as a clean-up bill. It is anything but. The legislature has the obligation under Article XIII, Sec. 4 of the Montana Constitution to provide a code of ethics, which it has fulfilled in Title 2, Section 2, MCA. In deciding to grant COPP’s enforcement authority of the code in 1995, the legislature carefully limited the scope of that authority to state officers, legislators, and employees. The COPP nevertheless assumed broader STATE INTERNET/BBS COPY 6 HOUSE JOURNAL SIXTY-NINTH LEGISLATIVE DAY - APRIL 12, 2021 authority over state boards, commissions, and committees and would still be unlawfully exerting that authority but for a recent lawsuit in which the Montana Supreme Court held that no such authority exists.