The House Energy and Natural Resources Committee voted to give a due-pass recommendation to Senate Bill 2159 as amended, adopting Version 1006, after a series of motions to reconsider prior actions on the bill.
Committee Chair Porter said the amended language removes a provision that would have left permissions to an executive-branch agency, a change made after counsel advised the committee that the prior language would conflict with the court decision in Bergam v. State of North Dakota. "The area of concern was that we cannot hold out permission to an executive branch agency in legislation after the lawsuit of Bergam versus the state of North Dakota," Porter said during the meeting.
The committee first voted to reconsider its earlier passage of Senate Bill 2159; Representative Olson moved the motion and Representative Anderson seconded. That motion carried. The committee then voted to reconsider its earlier amendment to the bill; Representative Doctor moved that motion and Representative Anderson seconded; it also passed.
Committee members then considered and approved Version 1006 of the bill language. A motion to adopt Version 1006 was seconded by Representative Foss and passed on voice vote. Finally, the committee voted on a motion for a due-pass recommendation to Senate Bill 2159 as amended (Version 1006). Representative Anderson moved for acceptance of the amendment and the committee performed a roll-call vote on the due-pass motion; the clerk recorded unanimous support. The roll call recorded "yes" votes from Chairman Porter, Vice Chair Anderson, Vice Chair Novak, Representatives Conmee, Doctor, Boss, Haggard, Hedlund, Heiner, Johnson, Marshall, Olsen and Ruby. The motion carried and Representative Doctor was recorded as the bill carrier.
No alternative motions or substantive amendments beyond Version 1006 were recorded in the transcript. The committee adjourned following completion of the vote.