· message to the house from the senate (wi lliam c. parke r, secretary) mr. speaker : the...

48t h DAY MONDAY, MARCH 13, 1995 911

JOURNAL OF THE SENATE

Fift y-four t h l eg i slati ve As sembly

* * * * *

Bi smar ck, March 13, 1995 The Senate convened at 1:00 p.m., wit h Pr esident Myr dal presiding.

The prayer was offered by Pastor David M. Sea ly , First Bapt ist Church, Mandan .

The ro 11 was ca · 1 ed and a 11 mentlers were pr esent.

A quorum W3S dec l ared by the President.

MESSAGE TO THE HOUSE FROM THE SENA TE (lll LLIAM C. PARKER, SECRET AR Y) HR. SPEAKER: The Pres i dent has signed and your si gnature is r espectfu ll y r equested on: SB 2034, SB 2079, SB 2095, SB 2121, SB 2170, SB 2171, SB 2172, SB 2173, SB 2174, SB 2248, SB 2289, SB 2444, SB 2450 .

MESSAGE TO THE HOUSE FROM THE SENATE (WI LLIAM C. PARKER, SECRETARY) MR. SPEAKER : The President has signed and your signature i s respectfull y requested on: SB 2137, SB 2229, SB 22 34 , SB 2316, SB 2341, 58 2347, SB 2357, SB 2373, SB 2379, SB 2381 , SB 2397, SB 24ll, SB 2415.

MESSAGE TO THE HOUSE FROM THE SENATE (WILLIAM C. PARKER , SECRETARY) HR. SPEAKER: The President has signed: HB 1023, HB 1057, HB 1080, HB 1092, HB 1108, HB 1115 , HB 1119, HB 1125, HB 1139, HB 1147, H3 1148, HB 1157, HB 1181, HS 1203, HB 1232, HB 1233, HB 1272.

MESSAGE TO THE HOUSE FROM THE SENATE (ll lLLIAH C. PARKER , SECRETARY) MR. SPEAKER: The President has si gned : HB 1046, HB 1069, HB 1103, HB 1244, HB 1275 .

MESSAGE TO THE HOUSE FROM THE SENATE (WI LLIAM C. PARKER , SECRETARY) HR . SPEAKER: The Senate has amended and subsequently fai l ed to pass: HB L268.

MESSAGE TO THE HOUSE FROM THE SENATE (WILLIAM C. PARKER, SECRETARY) HR . SPEAKER: The Senate has amended and subsequently passed: HS 1064, HB 1159, HB 1184, HB 1314, HB 1386.

MESSAGE TO THE SEnATE FROM THE HOUSE (ROY GILBREATH, CHI EF CLERK) MADAM PRES I DENT: The House has passed unchanged: SCR 4CH7, SCR 4024, SCR 4032, SCR 4039, SCR 4048, SCR 4051.

MESSAGE TO THE SDATE FROM THE HOUSE {ROY GILBREATH, CHIEF CLERK) MADAM PRESIDENT : The House has amended and subsequently fa i led to pass: SB 2082, SB 2238.

MESSAGE TO THE SENATE FROM THE HOUSE ( ROY GILBREATH , CHIEF CLERK) MADAM PRESIDENT: The House has amended and subsequently passed: SB 2074, SB 2152, SB 2195, SB 2433.

HOUSE AMENDMENTS TO ENGROSSED SENATE Bill NO . Z074 , line l, replace ' sections 57-02.1-02,' wi th ' subsection 1 of sect i on'

and r emove • , and"

Page l, line 2, remove "57-02 . 1-06 ' and after 'to" insert ' computation of"

Page l, line 3 , remove "made '

Page 1, remo ve l i nes 5 through l4

912 JOURNAL OF THE SENATE 48th DAY

Page l, line 15, replace ' Section' ~i:h "Subsection I of section•

Page 1, remove 1 i nes 17 and 18

Page l, line 21, remove the overstrike over ·~· and reroove •taxing districts in each county'

, l ine 8, replace 'the taxing' with '1 '

Page 2, line 9, remove 'districts in the '

Page 2, 1 ine 11, remove ' , up to a ma>dmum of '

Page 2, line 12, remove "seventy-five cents per acre [hectare] ' and remove ' the'

Page 2, line 13, remove 'taxing districts in '

Page 2, 1 ine 14, r emove the overstrike over 'lie', remove 'Taxing districts in ~ •. and remove •not•

Page 2, remove lines 18 through 29

Page 3, remove 1 i nes l through 11

Renumber accordingly

HOUSE AMENDHENTS TO SENATE BILL NO . 2152 Page l, l ine 10, remove the overstrike over 'aAe fi"ea a~aiA '

Page l, remove the overstrike over line 11

Page 1, line 12, remove the overstrike over Fl'c'l1ti111tn11 r>ate ef', after "~" insert "ni ne', overstr i ke over ·~er>eeAt ~er )ear. Fer the"

Page 1, remove the overstrike over 1 i ne 13

'fi 1e )ears with a and remove the

Page 1, line 14, remove the overstrike over 'f-Hlat' and remove ' and variable at one percent below the Bank's then current '

Page 1, remove lines 15 and 16

Page 1, line 17, remove 'date . The rate during the rema i ning term of the loan floats"

Renumber according ly

HOUSE AHENDHENTS TO ENGROSSED SENATE BILL NO. 2195 Page 3, 1 i ne 23, replace 'eleven • with ' twelve•

Page 3, line 24, after '[45.36 kilograms]' insert 'after June 30 , 1995. and before July I . 1997,"

Page 3, l ine 25, after the period insert 'The board shall levy an assessment of th ' rteen cents per hundredweight [45. 36 kilograms] after J une 30, 1997, and before July l. 1999, and fourteen cents per hundredweight [45.36 kilograms] after June 39, 1999.'

Renull'ber accordingly

HOUSE AMENDHENTS TO ENGROSSED SENATE BILL NO. 2433 Page 4, line 4, replace •an individual" ~ith •a person"

48th DAY MONDAY, MARCH 13, 1995 913


COMMUNICATION FROM GOVERNOR EDWARD T. SCHAFER This is to inform you that or March 10, 1995, I signed the follm,.ing: SB 2069, SB 2122, SB 2158, SB 2163, SB 2210, SB 2224, SB 2240, SB 2244, SB 2250, SB 2252, SB 2258, ~B 2261, SB 2262, SB 2265 , SB 2284, SB 2285, SB 2286, SB 2322, and SB 2331 .

CORRECTION ANO REVIS ION OF THE JOURNAL MADAM PRESIDENT: Your Committee on Correction and Revision of the Journal (Sen. Sand, Chairman) has carefully examined the Journal of the corty-seventh Day and reco1TTIJends that it be corrected as fo l lows and when rn corrected, recomnends that it be approved:

Page 883, 1 ine 29, remove "G.'

SEN. SANO MOVED that the report be adopted, which motion prevai l ed.

CONSIDERATION OF AMENDMENTS SCR 4614: SEN. W. STENEHJEM (Joint Constitutional Revision Co11111ittee) MOVED

that the amendments on SJ page 904 be adopted and then be pl aced on the Eleventh order with DO PASS, which notion prevailed.

CONSIDERATION OF AMENDMENTS SCR 4618: SEM. TRAYNOR (Joint Constitlltional Revision Co11111ittee) MOVED that

the amendments on SJ page 904 be adopted and then be placed on the Eleventh order with DO PASS, ,,,.hich notion prevailed.

CONSIDERATION OF AMENDMENTS HB lB-lS, as en~rossed: SEn. GRINDBERG (Education Co11111ittee) MOVED that the

amendmerits on SJ pages 904-905 be adopted and then be placed on the Fourteerith order with DO NOT PASS, which mot i on prevailed.

CONSIDERATION OF AMENDMEllTS HB lHO, as engrossed: SEN . SCHERBER (h1dustry, Business and Labor

Committee) MOVED that the arrendments on SJ page 906 be adopted and then be placed on the Fourteenth order with DO PASS, which mot1on prevai l ed .

CONSIDERATION OF AMENDMENTS HB 1205, as engrossed: SEN . SAND (Industry, Business and Labor Committee)

MOVED that the amendments on SJ page 906 be adopted and then be placed on the Fourteenth order with DO PASS, which l!Xltion prevai'ed.

CONSIDERATION OF AMENOHENTS HB 1288, as engrossed: SEN. ANDRIST (Industry, Business and Labor Committee)

MOVED that the amendments on SJ ~age 906 be adopted and then be placed on the Fourteenth order with DO PASS, which l!Xltion prevailed.

CONSIDERATION OF AMENDMENTS HB 1329: SEN. ANORIST (Industry, Business and labor Conmittee) MOVED that

the amendments on SJ page 907 be adopted and then be placed on the Fourteenth order with DO PASS.

REQUEST SEN. SCHERRER REQUESTED that the Senate divide the amendments to HB 1329.

HOH ON SEN. GOETZ MOVED that HB 1329 be laid over one legislative day because the proposed divis i on has not been received from the legislative Counci 1, wh i ch motion prevailed.

CONSIDERATION OF AMENDMENTS HB 1388, as 1mgrossed: SEN. GRINDBERG (Education Co11111ittee) MOVED that the

amendments on SJ pages 907-908 be adopted and then be placed on the Fourteenth order with DO PASS, which mot ion prevailed.

JOURNAL OF THE SENATE 48th DAV

CONSIDERATION or AMENDMENTS HB 1496, as engrossed: SEN. SCHOBINGER {Education Comittee) MOVED that the

amendments on SJ page 908 be adopted and then be placed on the Fourteenth order with DO PASS, wh i ch mot i on prevailed.

MOTION SEN. GOETZ MOVED that the rules be sLspended and that Reengrossec HB 1131 be placed on the Sixth order 'or consideration of amendments and ttereafter be rereferred to t he Appropriations Cornnittee, ~h i ch 100tion prevailed .

MOTION SEN . LEE MOVED that Reengrossed HB 1131 be amenced as fol lows, as recorrmended by the Political Subdivisions Comnittee (5 YEAS, 1 tlAY, 1 ABSENT AND rlOT VOTING), which lllOtion preva "led.

Page 3, after line 12, insert:

"SECTION 4. AMENDMENT. Section 29-27-02.1 of the ~orth Dakota Century Code is amended and reenacted as fo 11 ows:

29-27-02 .1. Disposition of statutory fees, fines, forfeitures, pecun i ary penalties, and bond forfeitures. A++ Except as otherwise provided b'f law, all statutory fees, f i nes, forfeitures, ard pecuniary pena lt ies prescribed for a violation of state laws, when collected, nust be paid into the treasury of the proper county to be added to the state sctool fund. !<hen any ba il bond or other property or money deposited as bail is forfeitec to the state, eighty percent of the proceeds co l lected therefrom must be paid over to the tl"ea:ttl"ef' ef tRe eattAty .,,Re se effi eeFs eri §i Aa ll t i RSt i tu tee! the ae ti eA a Re EFee itee te tRe §eAef'a~ foRe ef tRe eeuRt). IH !Re e1eAt tRat the atterAe) !jeAePal ef Hie state ef llerth 9aketa el" ' §iflally iAstituteEI the aetieA, tRe llail lleAa, ioore), er ether prepel"t) fel"feitee flt!st Ile 11aiEI eoef' te tRe proper state official and credited to the state S€flee+ genera l fund and twenty percent must be deposited in the genera l fund of the county in which the forfeiture occurred. "

Page 3, li ne 27, replace "Section" with ' Sections", after "2 ' insert ' and 5", and replace ' becomes ' with "beccme '

Page 3, line 28 , replace ' July" with "January ' and replace ' 1997" with ' 1998 '

, l ine l, replace ' Section" with "Sections', after "1' i nsert 'and 4', and replace ' is" with "are"

Page 4, l ine 2, replace ' June 30" with 'Oecenber 31 ' and replace "is' with •are"

Renumber accord irgly

Reengrossed HB 1131, as amended, was referred to the Appropriations Co11111ittee.

COMSIDERATIOK OF AMENDMENTS HCA 3818, as engrossed : SEN . SAND (Government and Veterans Affairs

Connittee) MOVED that the ame1:dments on SJ pages 868-869 be adopted and then be placed on the Fourteenth order with DO PASS, which mot ion preva i led .

SECOND READING OF HOUSE CONCURRENT RESOLUTION HCR 3818 : A concurrent re solution ca 11 i ng for a Conference of the States to

be promoted and convened by the Council of State Governments.

MOTION SEK . GOETZ MOVED that the question be put at 1:57 p.m., wh i ch motion preva il ed.

48th DAY HDNDAY, MARCH 13 , 1995 915

REQUEST SEN. TEHNEFOS REQUESTED a recorded ro 11 ca 11 vote on Engros~ed HCR 3018, as amended, which request was granted .

ROLL CALL The question being on the final adoption o~ :he amended resolution, which has been read, the ro 11 •11as ca 11 ed and t'1ere were 16 YEAS, 33 IM vs, O EXCUSED, 0 ABSENT AND NOT VOTillG.

YEAS: Andrist; Freberg; Goetz; Grindberg; Holmberg; Krebsbach ; Kringstad; Lee; Nelson, G.; Nething; Sand; 5t. Aubyn; Stenehjem, W. ; Traynor; Urlacher; Watne

NAYS: Bowman; Christmann; DeMers; Heinrich; Heitkamp; Kelsh; Kinnoin; Krauter; LaFountain; Langley; Lindaas; Lips; Mathern; Mushik; Mutch; llaaden; Nalewaja; Nelson, C.; O' Conne ll ; Redlin; Robinson; Scherber; Schobinger; Soloerg ; Stenehjem, B.; Streibel; Tallackson; Tennefos; li ,ow::, lviHc:11. .. , ~;u11 ,.::, , ' • .':;::~!",;: Vnrlrim

Engrossed HCR 3018, as amended, lost.

SECOND READING OF SENATE BILL SB 2158: A BILL for an Act to airend and reenact subdivision a of

subsection 5 of section 57-51.1-03 of the North Dakota Century Code, relating to oil exempt from the oil extraction tax; and to declare an emergency .

ROLL CALL The question being on the final passage of the amended bill, which has been read, the roll was called and there were 48 YEAS, 0 NAYS, 0 EXCUSED, 1 ABSENT MW tlOT VDT JllG.

YEAS : Andrist; Bowman; Christmann; DeMers; Freborg; Goetz; Grindberg; He i nr ich; Heitkamp; Holmberg; Kelsh; Kinnoin; Krauter ; Krebsbach; Kringstad; LaFountain; Langley; lee; Lindaas; Lips; Mathern; Mushik; Naaden; Nalewaja; llelson, C.; liel~on, G.; Nething; O' Connell; Redlin; Robinson; Sand; Scherber; Schobinger; Solberg; St. Aubyn; Stenehjem, B. ; Stenehjem, W.; Stre i bel; Tal lackson; Tennefos; Thane; Tomac; Traynor; Ur lacher; Wanzek; Wa tne; Wogsland; Yockim

ABSENT AND NOT VOTING: Mutch

SB 2150, as amended, passed , the tit le W3S agreed to, and the emergency clause was declared carri ed .

SECOND READING OF SENATE CO"CURRENT RESOLUTION SCR 4813: A concurrent resolution for the anendment of sections 8 and 13 of

article IV, sect ion 7 of ar t i cle V, and section 9 of article XI of the Constitution of llorth Dakota, relat ing to elect i on of presiding officers of the legis l at ive assembly, l egislative procedures, powers and duties of the 1 ieutenant governor, and impeachment proceedings; and to repeal section 13 of art i cle XI of the Constitution of North Dakota, relating to if11Jeachment proceedings.

ROLL CALL The question being on the final adoption of the resolution, wh ich has been read, and has co11111ittee recomnendation of DO PASS, the roll was called and there were 34 YEAS, 15 NAYS, 0 EXCUSED, e ABSEN T AND NOT VOTlllG.

YEAS: Andrist; Freborg; Goetz; Grindberg; Heitkamp; Kinnoin; Krauter; Krebsbach; Kringstad; LaFounta i n; Lang ley; lee; Lindaas; l ips ; Mathern;

916 JOURNA L OF THE SENATE 48th DAY

Naaden; Nalewaja; Nelson, C.; Nelson, G.; llething; O'Connell; Redlin ; Sand; Scherber; Schobinger; Solberg; St. Aubyn; Streibel; Tallackson; Thane; Tornac; Traynor; Ur lacher; Watne

NAYS: 8ol<1Tlcln; Chr i stmann; DeHers; Heinrich; HollltJerg; Kelsh; Mushik; Mutch; Robinson; Stenehjem, 8.; Stenehjem, 1-1.; Tennefos; Wanzek; Wogsland; Yockim

SCR 4013 passed and the tit le 1<as agreed to.

SECO ND RE ADI NG OF HOUSE BILL HB 108Z : A BILL for an Act to create and enact a new subsection to section

12-59-15 of the North Dakota Century Code, re l ating to the breach of oarole; and to amend and reenact subsection 4 of section 12-48-15, section 12-48-20, ano subdivision b of subsection 3 of section 12.1-08-06 of the tlorth Dakota Century Code, relating to disposition of moneys earned by inmates and defin i tions relati ng :o escape.

ROL L CA LL The question being on the final passage of the amended bill, wh i ch has been read, and has co111Tiittee recomnendation of DO PASS, the roll was called and there were 49 YEAS, 0 NAYS, 0 EXCUSED, 0 ABSENT MIO NOT VOTlllG.

YEAS: Andrist; Bowman; Christmann; Oet'ers; Freberg; Goetz; Grindberg; Heinrich; Heitkafl'4); Holr:iJerg; Kelsi; Kinnoin; Krauter; K~ebsbach; Kringstad; Lafountain; Langley; Lee; Lindaas; Lips; Mathern; Mushik; Mutch; Naaden; Nalewaja; tlelson, C.; Nelson, G. ; Nething; O' Connell; Qedlin; Robinson; Sand; Scherber; Schobinger; Solberg; St. Aubyn; Stenehjem, B.; Stenehjem, W.; Streibe l ; Tallackson; Tennefos; Thane; TO!Mc; Traynor; Urlacher; Wanzek; Watne; Wogsland; Yockim

HB 1082. as amended, passed and the title was agreed to.

SECOND RE ADIN G OF HOUSE BILL HB 1185: A BILL for an Ac: to provide for the exchange of patient

irrm.mizat ion data.

ROLL CALL The question being on the final passage o"" the amended bill, which has been read, and has conmittee reconnendation of 00 PASS, the roll was cal led and there were 49 YEAS, El ljAYS, 0 EXCUSED, 0 ABSEN- ANO NOT VOTING.

YEAS : Andri st; Bowman; Christmann; OeMers; freborg; Goetz; Gri ndberg; Heinrich; Heitkallll; Holnberg; Kelsh; Kinnoin; Krauter; Krebsbach; Kringstad; Lafountain; .angley; Lee; Lindaas; Lips; Mathern; Mushik; 11utch; Naaden; Nalewaja; Nelson, C.; Nelson, G.; Nething; O'Connell; Redlin; Robinson; Sand; Scherber; Sc1obinger; Solberg; St. Aubyn; Stenehjem, B.; Stenehjem, W.; Streibe l; Tal lackson; Tennefos; Thane; Tomac; Traynor; Urlacher ; Wanzek; Watne; Wogsland; Yockim

Engrossed HB 1185, as amended, passed and the title was agreed to.

SECOND READING OF KOUSE BILL HB 12Zl: A Bl LL for an Act to a 11 ow an empl ayer covered under the workers'

compensation act to require the use of preferred providers; and to create and enact a new section to chapter 51 -08 .1 of the North Dakota Century Code , relating to prohibi t'ng discrimination again st health care provide rs.


ROLL CALL The Question being on the final passage of the amended bill, which has been read, and has conmittee reco1TT11endation of DO PASS, tne roll was callee and there were 49 YEAS, 0 NAYS, 0 EXCUSED, () ABSENT AND NOT VOTING.

YEAS: Andri st; Bowman; Christmann; DeMers; Freberg; Goetz; Gri ndberg; Heinrich; Heitkamp; Holmberg; Kelsh; Kinnoin; Krauter; Krebsbach; Kringstad; LaFountain; Langley; Lee; Linda3s; Lips; Mathern; Mushik; 'lutch; Naaden; Nalewaja; tlelson, C.; Nelson, G.; Hething; O'Connell; Redlin; Robinson; Sand; Scherber; Schobinger; Solberg; St. Aubyn; Stenehjem, B.; Stenehjem, W.; Streibel; Tallacksen; Tennefos; Thane; Tomac; Traynor; Urlacher; 1;anzek; l./atne; Wogsland; Yockim


SECOND READING OF HOUSE BILL HB 1223: A BlLL for an Act to amend and reenact section 12.1-32-06.l of the

!forth Dakota Century Code, relating to an additional period of probation that may te imposed for certa i n types of offenses.

ROLL CALL The question being on the final passage of the amended bill, wh ich has been read, and has conmittee reco1T111endation of DO PASS, the roll was cal led and there were 49 YEAS, 0 NAYS, 0 EXCUSED, Q ABSEtlT AUD !WT VOTHIG.

YEAS: Andrist; Bowman; Christmann; DeMers; Freborg; Goetz; Grindberg; Heinrich; HeitkalllJ; Holmberg; Kelsh; Kinnoin; Krauter; Krebsbach; Kringstad; LaFountain; Langley; Lee; Lindaas; Lips; Mat~ern; Mushik; Mutch; llaaden; Nalewaja; Ne l son, C.; l1elson, G.; Nething; O'Connell; Red 1 in; Rabi nson; Sand; Scherber; Schobi nger; So 1 berg; St. Aubyn; Stenehjem, B.; Stenehjem, W.; Streibel; Tallackson; Tennefos; Thane; Tomac; Traynor; Urlacher; Wanzek; \iatne; ll'ogsland; Yockim


POINT OF PERSONAL PRIVILEGE SEii. SCHOBINGER: Madam President: I rise on a point of personal privilege and request that my remarks be printed in the Journal.

REMARKS OF SUATOR SCHOBINGER I would like to send special congratulations to the Minot High School Magicians who won their JAth State Class A Challllionship this past Saturday, defeating the Bismarck Deroons. This is the first Minot cha~ionship since 1990. Special notice should go to Dan Ulton, who scored 21 points despite a slight tendon tear, and to Bismarck's Russell Archarrbaul t, who were named as Most Valuable Players.

Aga in , congratulations to the Minot High School's 1995 basketball team on a very successful season.

Team Members: Oan Upton, Brock Teets, James Williams, Travis Hjelmstad, Lamar Barr. Hark Beyer, Brock Laskoi.ski, Shannon Straight, Mark Williams, Kenny Younger, Dean Bartsch, Brett Berryiran.

Coaches: Gene Manson, Dale Olson

Cheerleaders: Lisa ()ahl, Joy-el Erie, Lisa herson, Jodi Hanson, Larissa Korslien, Kim Larson, Allison Vangsness.

MOTION SCM. GOETZ MOVED that the Senate be on the Fifth and Sixteenth orders of

918 J OURllAL OF THE SENATE 48th OAY

business and at the conclusion of those orders, the Senate stand adj ourned unti I 1:00 p.m. , Tuesday, March 14, 1995, which motion prevailed .

REPORT OF STANDING COMMITTEE SCR 4019 : Joint Constitutional Revision Co11111ittee {Sen. Andrist,

Chairman) A MAJORITY of your corrrnittee (Sens. Andrist, W. Stenehjem, Traynor, Reps. Brown. Kretschmar, Maragos) recommends AMENDMENTS AS FOLLOWS and when so amended, recommends DO NOT PASS .

Page 1, line 19, after 'in' insert "June'


REPORT OF STANDING COMMITTEE SCR 4919: Joint Const ituti ona l Revision Committee (Sen . Andr i s t,

Chairman) A MINORI T'f of your co11111ittee (Sens. Krauter, O'Connel l , Reps . Aarsvold, Gulleson) recommends AMENDMENTS AS FOL LOWS and when so amended, recommends DO NOT PASS .

Page 1, line 19, replace •primary• with "general"

Renunt>er accordingly

The reports of the majority and the minority were placed on the Seventh order of business on the calendar for the succeeding l egislative day.

REPORT OF STANDING COMMITTEE SCR 4023 : Joint Const i tuti ona l Revision Committee (Sen . Andr i s t , Chai rman)

recommends AMENDMENTS AS FOLLOWS and when so amended, recommends DO PASS (6 YEAS, q NAYS, 0 ABSEtH AND I/OT VOTING ) . SCQ 4023 was placed on the Sixth order on the calendar.

Page 1, line 8, after "manner ' insert •, that no more than one person holding a bachelor 's degree from a particu 1ar institution serve on the board at any one time,' a,j replace "adds' with 'that"

Page 1, li ne 9, a'ter .. ,ouse• insert 'be added"

Page 2, line 6, remove the overstri ke over 'Exee~t 'er tRe stt18eAt lllE'ffiBeP, Ae fftere thaA eAe" and after ' atiy ' insert "person holding a bache l or's degree from a particular"

Page 2, remove the overstrike over line 7

Page 2, line 8, remove the overstrike over "e8t1eatie A l!la) seroe eR t he eeara at aA) eRe ti111e."

RenuntJer accord i ngly

REPORT Of STANDING COMMITTEE HB 1876, as engrossed : Governnent and Ve t erans Affa i rs Co11111i t t ee

{Sen. Krebs bach, Cha irman) recommends AHEN DM£NTS AS fOLLOWS and when so a111ended, reconmends DO PASS and BE REREfERRED to the Appr opriat i ons Corrmit tee (7 YEAS, 0 NAYS. e ABSENT ANO NOT VCTJNG). Engrossed HB 1076 was placed on the Sixth order on the cal endar .

Pagel, line 3, after 'asserrbly" insert ';and to prJvide an effective date •

Page 2, 1 ine 19, overstrike ' one" and insert inrnediately thereaft er 'two• and overstrike 'eigh:j'' and insert immediately thereafter 'fifty'



48th DAY HONDAY. MARCH 13, 1995 919

Page 3, after line 9, insert :

' SECTION 2. EFFECTIVE DATE. This Act becomes effect ive on January l, 1997."


REPORT OF STAHDJllG COHHITHE HB 1129, as engrossed: Agriculture Committee (Sen. Bowman, Chairman)

recormends AMENDMENTS AS FOLLOWS and when so amended, recommends DO PASS and BE REREFERRED to the Appropriations Conmi ttee ( 4 YEAS, l llAY, 0 ABSENT ANO llOT VOT!t;G). Engrossed HB 1129 was placed on the Sixth order on the calender .

Page 3, l ine l, remove • - Privatization '

Page 3, line 2, replace ' centennial trees comni ssion, as it exists" with 'governor appoint a seven-merrber adv· sory coITT11 i ttee to work with the state forester to pnmote the centenn i3l trees pr ogram. '

Page 3. remove 1 ines 3 thro;.1gh 5

Renumber according ly

REPORT OF STANDING COMMITTEE HB 1149: Agriculture Committee (Sen. Bowman, Chairman) recommends AMENDMEnTS

AS FOLLOWS and when so amended, recorrmen ds 00 PASS (5 YEAS, 0 NAYS, 0 ABSHIT AllO NOT VOT:NG) . HB 1149 was pl aced on the Six t h order on the calendar.

Page 2, l i ne 20, remove the overstr i ke over ' T~is s~eseEt BR '

Page 2, remove the overstr i ke over li nes 21 through 23

Renurrber according ly

REPORT OF STANDING COMMITTEE NB 1155, as engrossed: Industry, Business and Labor Corrmittee (Sen. Hutch,

Chairman) recommend~ AMENDMENTS AS FOLLO\IS and when so amended, recorrmenc s 00 PASS (7 YEAS, 0 t/AYS, 0 ABSEHT AND NOT VOTING). Engrossed HS 1155 was placed on the Sixth order on the calendar.

Page l, line 2, af ter "settlements " i nsert ' ; and to provide a penalty '

Page 3, line 10, after "requirements ' insert ' - Penalty•


'6. A person may not act as or hold oneself out to be a viatical settlement provider unless l icensed under th i s chapter. Any person willfully violating t hi s section is guil t y of a class C felony.•

Page 8, after line 20, i nsert :

'26.1-33.1-09. Authority to adopt rules and standards. The corrrni ssioner may:

1. Adopt rules to implement this chapter.

2. Establish standards for evaluating reasonableness of payments under viatical settlement contracts . This authority includes regulation of discount rates used to determine the amount paid in exchange for ass ignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy.


3. Esta:ilish appropriate licensing requirements and fees for agents and brokers .

4. Require a bond.•

Page 8, line 21, replace ' 26 . 1 - 33 .1-09 ' ~ith ' 26.1 - 33.1-10 '

Page 8, line 24, replace ' 26 . 1-33.1-16' '~ith ' 26.1 - 33.1 -11 '

Renumber accordi ng 1 y

REPORT OF STAN DI NG COl1/olITTEE HB 1163 , as engrossed :

Ch1 i rman) reconmends reconmends DD PASS Engrossed HB 1163 was

Transport at i on Conmi ttee (Sen. B. Stenehjem , AM ENDMENTS AS FOLLOWS and when so 3111ended, ( 4 YEAS, 2 NAYS , 1 ABSENT Alm NOT VOTING).

placed on the Sixth order on the calendar.

Page I, l ine 19, after 'physician' i nser t "or licensed nurse practit ioner'

Page 2, l ine 2, after "physician ' insert 'or licensed nurse practitioner "


REPORT OF STAND I NG COHH ITTEE HB 1165, as engrossed : Jud i ciary Co11111 i ttee (Sen . W. Stenehjem, Chairman)

reconmends AHENDHENTS AS FOLLOWS and whe n so amenaed , recommends DO PASS (5 YEAS, 0 llAYS, 0 ABSEIH ANO llOT VOTWG ) . Engrossed HB 1165 was placed on the Sixth order or the calendar .

Page I, line 9, after "reeract ' insert ' section 10- 04-16,"

Page 1, line Hl, replace the t hird "section" wi th ' sections 43-10.1-07, "

Page l, l i ne 11, remove the f ir st ' and", replace the second ' and ' wi th a conrna, and after 'g " insert ' , and h'

Page 1 , l ' ne 12, after '51-19-13' insert and section 51 -19- 14'


' SECTION 5. AME NDMENT. Section 10-04-16 of t~e 1993 Supplement to the North Da~ota Century Code is amended and reenacted as fo 11 ows:

19- 64-16 . Orders , inj unctions, and prosecut ions fo r violat ions . WllEfleYef' If i t sha ll a11peaF appears to the conrniss ' oner, either upon complaint or otherwise, that any person has engaged i n, or is engaging in, or is about to engage in any act or prac t ice or transaction ~ that is prohibited by this chapter or by any or der of the conrnissioner issued pt1Pst1aAt te aA) seetieA ef under th i s chapter or which is dec lared to be illega l in this chapter , the co1TT11issioner may, iA ~is

9i sere ti eA:

1. Issue any order includ i ng, ~tit Aet l i IHi tee te , cease and des ist, stop, and suspens ion orders , wh i ch the conrnissioner deems necessary or appropriate in the publ i c interest or for the protection of i nvestors . The co11111issioner may, in addit i on to any other remedy authorized by t his chapter, iwpose by order and collect a civi 1 penalty against any person found in an administrative action to have violated any provision of this chapter, or any Pe§•latiaA, rule, or order adopted or issued under this chapter, in an amount not to exceed ten thousand dollars for each violation . The~ §eAefal, tlfleA Hie eeRl!lissi eAeF' s Peflt1est , conrnis s ioner may bring actions to recover penalties pursuant to t his section


in di str i ct court. lle1.eweF, aA) ~ person aggr ieved by an order issued pursuan t to this subsection may r eqLes: a hearing before the co11TT1i s s i oner if ~ a written request is made within ten days after receipt of the order . +lie Jlt'evi sieAs ef sttaseetieAs Subsections 2, 3, 4, and 5 of section 10-04-12 apply to any hearing conducted tlePettREler under this subsection . If, af t er a hear ing, t he conrnissioner sllal l sttstaiA sustains an order previously issued, the sustaining order is sub j ect to appeal to the di strict cou r t of Burleigh County by serv i ng on the co11TT1issioner within twenty days after the date of en t ry of the susta ining order a written not ice of appeal signed by the appe l lant stating:

a. The order of the co11TT1i s si oner fro1TI which the af'. pea 1 is ta ken.

b. The grounds upon which a reversa l or 1TIOdif ication of 5tl€fl the order is sought .

c. A demand for a certified transcr i pt of the record of~ the order .

Ti'le Jlt'e;isiens ef st1eEli1isieAs Subdivis i ons a and b of subsection 3 of sect ion 10-04-13 apply to an appeal i'leFettABeF under this subsection .

2. Apply t o the district court of any county in this state for an in j unction restraining 5tlER the person and ~ :he pe r son ' s agents, employees, partners, officers, and directors frolTI continuing ~ the act, practice, or transaction or engaging therein or do i ng any acts i n furtherance :hereof , and for such other and further re l ief as the facts may war rant. In any proceeding for an injunction , the coJTJTiiss i oner rnay app ly for and on due showing be eAtitleEl ta lltt¥e i ssued t he cour t 's SJbpoena requiring the appearance forthwith of any de fendan t and ffi-5 the defendant's agents, emp l oyees, partners, of ficers, or directors, and the production of ~ the documents, books, and records ~ ~ necessary forthe hear i~g upon the petition for an injunction. Upon proof of any of the offenses described in th i s section, the court may grant ~ the injunction as the facts may warrant , and a receiver or conservator mc.y be appointed for the defendant or the defendant ' s assets. The court may not require the conrni ssioner to post a bond.

3. Refer 5tt€IT fillY evidence as ma}' be availab l e concerning 5tlEft the act, practice, or transaction to the attePAe) §eAePal et' tile ~t'eJ)er state's atterAey appropriate crimi nal prosecutor who may, wi t h or without ~ the reference, institute the necessary criminal proceedings. IA dA) (PiflliAal Jlt'eeeeaiA§, tile attePAe) §eAePal et' the state ' s atteFAey The prcsecutor 1TJay apply for and on due showing be eAtitlee te llave issued the court ' s subpoena requiring t he appearance forthwith of any defendant and lltt the defendant· s agents, emp 1 oyees, partners, of ficers, and directors, and the production o f -stt€1! fillY documents, books, and records as flla) a~~ear necessary for the prosecution of 5tl€fl the cri mina ' proceed ings. The eettPt flld) i~ese ~~en an) !lefe9ElaAt (8FI• i etea ef aA) ef tl'le effeAses eese1'i9eEI iA H~is seetieA stteh ~eAalty, iA aeeera 11iti'l tile ~re.isieAs ef seetieA 18 94 18, as Hie faets RB)

11dPPaflt."

Page 3, line 17, re10011e "attorney general, upon the request of •

Page 3, 1 i ne 18, reI0011e "the • and remove the under scored comna

922 J OURllAL OF THE SEt/ATE 48th DAV

Page 3, line 21, after "made' insert ' in writing,"


"SECTION 10 . AHENDMENT . Section 43-10 .1 -07 of the ~lorth Dakota Cen t ury Code is amended and reenacted as fo 11 ows:

43-19 .1-07 . Prosecuti on fo r vi ol ati ons of l aw . If, as a Pe stilt ef vePifieatieA J!Peeeattf'e! BP iR1esti~atieF1s as J!Pe '>iaee iA seetieAs 43 19.1 95 aRa 43 19.1 96.2, BF llaseel liJleA etF1eP Peliallle iRfepmatieA 1 t he seet1Fities eellf!lissieReF, afteF eeASliltati eR ·1ith the atteFAe) geReFal, llelie.es that gPeHRds feP erimiAal JIFeseeHtieR ef the epeFateP er 111aAageF ef aA) 1 i crnsea fHAeral e stae · i sh111eAt eF eemeteF) asseeiatieA eP aA;< ether eeFseA eKist fer ,· ielatieA sf U1is eha11tel' eF aAy etheF la11 ef this state, the seet1Fities The conmissioner may fer•:aPe SliEA iAfeFmatieA aAe refer any eviderce as--i-5 available BP

kAe nA te him te the state's atterAe) ef the eet1At) haoiA§ jlirisaietier1 e..eF stieh concerning a violation fer Slieh erimiAal JIFeseelitieA of 5tlffi epeFa teF, 111aAager, er etheF perseR as the ip,fermatieA aAe e1iaeAee ~ this chapter or of any rule or order issued under th i s chapter to the appropriate criminal prosecutor who may , with or without the reference, institute criminal proceedings under this chapter . The crimi na 1 prosecutor may app 1 y for and on due showing be issued the court's subpoena requ ir ing the appearance forthwith of any defendant a'ld the defendant's agents . emoloyees , partners, off i cers, and directors, and the produc t ion of any documents , books. and records necessary for the prosecu:ion of the criminal proceedings.'

Page 3, line 27, after "Penalti es.' insert :

Page 3, 1 i ne 28, overstrike 'made"

Page 3 , 1 i ne 29, overstrike "pursuant to", after ' &f ' i nsen 'under " , and overstrike ", or who e~gages in any act, "

Page 4, line l, overstrike ' practice, or transaction declared by' and overstrike 'this chapter to be "

Page 4, 1 i ne 2, overstrike "unlawful'


'k An infonnation llllSt be filed or an indictment must be found under this chapter within five years after the COllllli ssioner or criminal prosecutor knew or reasonably shou ld have kno~·n about the facts that are the basis for the prosecut i on.

1,_ "Willfully ' mears the person was aware of the consequences of the person's act i ons, and proof of evil motive or intent to violate the l aw or knowledge that the law was being violated is not required. Each act or omi ssion is a separate offense , and a prosecution or conviction for an offense does not bar a prosecut i on or conviction for an ·1 other offense .'

Page 4, line 16, replace "ten" w't h ' six'

Page 5, 1 ine 1, replace "and ' with a cofTl11a and after "g" inser t ' , and h'

Page 5, 1 i ne 16, remove 'attorney genera 1, upon the request of the" and remove the second underscored comma

Page 6, 1 ine 7, remove •attorney general, upon the request"


Page 6, line 8, remove "of t he • and remove the unjerscored colTTM


'h . The conrnissioner lllcl Y re'er ~evidence ~available conceming any ' ' iolation of th i s chapter or of any rule or order Ref'e~AileP issued under this chapter to the EBllAl) attBf'Ae) ef Ute EB~flt) i A 'K'Ri EA tile ; i e I at i BA &eetif'f"eEl appropriate crimina l prosecutor who may, with or without Stl€ft.--a the reference, institJte a~~re~Pi ate criminal proceedings under this chapter . The criminal prosecutor may apply for and on due showing be issued the court's subpoena regui ring :he appearance forthwith of any defendant and the defendant's agents. e!!J)loyees, partners , officers, and directors . and the production of any documents . books, and records necessary for the prosecut i on of the crimina l proceedings .'


' SECTION 18 . AHEllDMENT. Section 51-19-14 of the North Dakota Century Code is amended and reenacted as fol I ows:

51 - 19 -14 . Crimi na l penalties.

I. Any person 'i<ho willfu ll y violates any prov· s1on of this chapter or who wi l ' fully violates any ru le or order under this chapter i s guilty of a class B felony, e~t AB ~eFSBA IRily Be if1'4lriseflell fer tRe .ielatie11 ef aR)' Pille er ereer if he ~Pe.es H1at Re Rae Ae kAe1ileege ef tqe Pille er ePaer.

2. Any persor who willfu 'J y eJ11Jloys, directly or indirectly, any device, scheme, or artif i ce to defraud in connect i on with the offer or sale of any franchise or willfully engages, directly or indi rectly, in any act, practice, or course of bus iness which operates or would operate as a fraud or deceit upon any person in connection •i th the offer, purchase, or sa le of any franchise is guilty of a class B felony.

3. llothing in this chapter limits the power of the state to punish any person for any conduct w!t+efl that constitutes a crime.

L An info•nation ITl.lst be filed or an indictment must be found under this chapter within five 'fears after the commissioner or crimina · prosecutor knew or reasonably should have known about the facts that are the basis for the prosecution.

i,_ 'Wi 11fu11 y" means the person was aware of the consequences of the person s actions, and proof of evi 1 rrotive or intent to violate the law or knowledge that the Jaw 11as being violated is not required. Edch act or om ' ssion is a separate offense . and a prosecution or conviction for an offense does not bar a prosecution or conviction for an1 other offense. •

Page 7, line 14, replace 'the federal treasury' with ·~· ard after ' rate' insert 'consistent 11ith section 47-14-05'


REPORT OF STANDING COMMITTEE HB 1196 : Agri cultur e Co11111 ittee (Sen . Bowman , Cha i rman) recollJ'lends DO PASS

(5 YEAS , 0 NAYS, 0 ABSEtlT Atm l~OT VOTING) . HB 1196 was placed on the Fourteenth order on the calendar.

924 JOU RNA L OF THE SENATE 48t h DAY

REPORT OF STANDI NG COMMITTEE HB 1236, as engrossed : Indus t ry, Busi ness and Labor Conni ttee (Sen . Mut ch ,

Chai rman) recol1lllends M4 ENOHE NTS AS FOLLOWS and 11hen so amended, recol1lllends DO PASS (7 YEAS, 0 'IAYS, 0 A3SHH AND IWT VOTING) . Engrossed HB 1236 was placed on the Sixth order on the calendar .

Page 1, line 1, after ' 6-01-1 7. 1' insert a comna

Page l , l i ne 2, remove "and' and after ' 6-G5 ' insert ', a new section to chapter 57-35, and a new section to chapter 57-35 . 2 '

Page l, li ne 4, remove 'and'

Page 1, line 5, after 'corrpany ' i nsert , and the taxation of trus t companies; to amend and reenact subsection 2 of section 57-35-01 and subsection 4 of section 57-35.2-01 of the Nortn Dakota Century Code, relating to the taxat ion of trust companies; and to provide an effective date'

Page 1, underscore l ines 10 thr ough 12

Page 1, underscore 1 ines 15 through 21

Page 2, underscore lines 1 through 27

Page 2, line 28, underscore ' business wi 11 jeopardize the solvency of the trust company; and after the semicolon insert 'QI'

Page 3, underscore 1 i nes 1 and 2

Page 3, line 3, underscore "unsound condition" and replace ' ; or " with an underscored pe r iod


Page 3, underscore lines 9 through 29

Page 4, underscore lines through 19

Page 4, line 2G, underscor e "company;" and after the semicolon i nser t "QI"

Page 4, underscore lines 21 and 22

Page 4, line 23, underscore ' unsound cond i t ion" and replace ' · or" with an underscored period

Page 4, remove 1 ines 24 and 25

Page 4, underscore lines 26 ard 27

Page 4, after li ne 27, i nsert:

"SECTIO" 4 . AMEllOMEllT. Subsec ti on 2 of section 57-35-Gl of the Horth Dakota Century Code i s amended and reenacted as fo ll ows:

2. ' Trust corrpany' includes any trust COJ11lany organized under the laws of this state wi th it s priAei pa l plaee ef~ United States , another state , a foreicn country. or a dependency or i nsular possessi on of the United States , and doing business in this state.

SECTION 5 . A 1ew section to chapter 57-35 of the riorth Dakota Century Code is created and enacted as fol lows:


Imposition of tax on intersta t e t rust compan ies. ~ provisions of this chapter do not fairly represent the exten: of the trust company's business activity in th i s state. the :ax conrnissioner may require. with respect to al l or any part of the trust ccmpany's bus i ness activity, if reasonable, the emp l oyment of another method to effectuate an equitable al location and apportionment of the t rust company's income.

SECTION 6. AMENDMENT. Subsection 4 of section 5 7 -35 . 2-01 of the North Dakota Century Code ' s amended and reenacted as follows:

4. "Trust company" means any tri..st company organized under the laws of this state, any other state, ~the United States, iii t~ a ~laee sf a foreign co~ntry, or a dependency or i nsular possession of the United States, and doing business in this state.

SECTION 7. A new section to chapter 57-35.2 of the North Dakota Century Code is created and enacted as fo 11 o•t1s:

Imoosition of tax on interstate trust companies. ~ provisions of this chapter do not fairly represent the extent of the trust company's bus i ness activity i n this state, the tax conmissioner may require, with respect to all or any part of the trust company's business activity, if reasonable, the emp loyment of another method to effectuate an equ i tab l e allocation and apportionment of : he trust company ' s income.

SECTIOll 8. EFFECTIVE DATE. Sections 4, 5, 6. and 7 of th i s Act are effect i ve for taxable years beginning after December 31, 1994 ."

~enumber accord ing 1 y

REPORT or STANDING COHMITTfE HB 1253, as engrossed: Industry, Business and Labor Committee (Sen. Mutch,

Chairman) recommends AMEnDMENTS AS FOLLO\/S and when so emended, recommends DO PA.SS (6 YEAS, l NAY, 0 ABSENT AND NOT VOTPlG) . Engrossed HB 1253 was placed on the Six th order on the calendar.

Page 3, 1 ine 19, remove the overstr i ke over ·~· and remove "occupation, any employer •

Page 3, line 20, after "b . • insert "Return to the same occupation, any e!!l!loyer.

L_ Return to a modified position.

lL. . Page 3, line 22, overstrike •tc .• and insert imnediate l y thereafter ·~· Page 3, 1 i ne 25, overstrike "d." and insert imnediate l y thereafter ''L'

Page 3, 1 ine 28, overstrike "e. • and insert imnediate ' y thereafter 'q_,_'

Page 3, line 29, overs trike "'f .• and insert i mneoiate I y thereafter .. ~,

Page 4, line 1, overstrike "g ... and insert immediate 1 y thereafter •h"

Page 4, 1 ine 2, overstrike "h. II and insert immediately thereafter "1=._·

Page 4, 1 ine 3, remcve ' Qr' and after "~' insert •, f, or q'

Page 6, 1 ine 13, remove 'must" and after 'also" insert ' sha 11"



REPORT OF STANDING COMMITTEE HB 1263, as engrossed: Transportation Co11111i ttee (Sen. 8. Stenehjem,

recomiends DO PASS (7 YEAS, 0 rms. 0 ABSENT ANO llOT YOTING). HB 1263 was p 1 aced on the Fourteenth order on the calendar.

Cllairman) Engrossed

REPORT Of STANDING COMMITTEE HB 126il: Industry, Business and labor Cornnittee (Sen. Mutch, Chairman)

reconmends AMENDMENTS AS FOLLOWS and when so amended, reconmends DO llOT PASS (5 YEAS, 2 t~AYS, 0 ABSENT AND NOT VOTltlG). HB 1264 was placed on the Sixth order on the ca lendar.

Page !, line 18, after 'f.a.efl ' insert " ~' and remove the overs trike over "Pe39fltt.

Page

Page

1, line 19, remove the overstrike over ' iA a fep111 JlPesePibeEI e, Hie eEl!llRissieAeP ' and insert i1TJ11ediately thereaf er ' and designed to pro~ide i nformation and an explanat ion of the call figures in a legal notice at least three co l unm by ten inches [25.4 centineters] in siz~". remove the overstr i ke over ", lllllst ee p~blisAeEI' and insert imn:diately thereafter ' semiannually", remove the overstrike over "lri-tfti.fl ", after "s+ltt-y' inser t "th i rtv', and remove the overstrike over neJats•

l, line 28, remove the overstrike over ·~· and insert ilTlllediately thereafter "second and fourth quarter", rerrove the overstrike over "ea-l+', after·~· insert "dates ' , and remove the overstrike over "• at tAe eMJleAse ef tAe asseeiatieA, iA seRte Ae11spape~ iA tAe '

Page l, reioove the overstrike over 1 ine 21

Page l, 1 i ne 22, remove the overs t rike over ' iA a l e§al Ae1.spa~eP ef tAe eei;Aty iA .. Ai EA s~eA asseei a:ieA is leeated . •


REPORT or STANDING COM"ITTEE HB 1274, as engrossed: Transportation Co1T111ittee (Sen. B. Stenehjem,

Page

Cha;rman) recommends AIENDHEHTS AS FOLLOWS and when so amended, recoomends DO PASS (6 YEAS, I NAY , 0 ABSENT AND NOT VOTING). Engrossed HB 1274 was placed on the Sixth order on the calendar.

1, li ne 18, reioove 'or per-line' and after the underscored period inser t "Per-line blocking rust be prov;ded without charge for residential customers and business customers with spec i al needs. such as la~' enforcement and domestic violence agencies.•

Page I, reirove 1 i nes 19 and 20

Renumber accordingl y

REPORT OF STANDING COHHITTEE HB 1287, as engrossed: Industry, Bus iness and labor Co1111ittee (Sen. Hutch,

Chairman) recorrrnends DO PASS (7 YEAS, () NAYS, e ABSENT AND NOT VOTING). Engrossed HB 1287 was placed on the Fourteenth order on the calendar .

REPORT OF STANDING COMMITTEE HB 1292: Finance and Taxation Committee (Sen. Tennefos, Chairman) reconmends

DO NOT PASS (7 YEAS, 0 NA'IS, e ABSENT AND NOT V01JNG). HB 1292 was placed on the Fourteenth order on the ca lendar .

REPORT OF STAllDING COMMITTEE HB 1315, as engrossed: Transportation Co11W1ittee (Sen. 8. Stenehjem,

48th DAY MONDAY, MARCH 13 , 1995 927

Cha. irman) recormiends 00 PASS (6 YEAS , 13 NAYS, I ABSENT Alm NOT VOTltlG). Engrossed HB 131 5 was placed on the Fourteenth order on the ca l erdar.

REPORT OF STANDI "G COMMITTEE HB 1328: Transportation Co11111 i ttee (Sen . B. Stenehjem, Cha i rma.n) reconrnends

00 PASS (7 YEAS, 0 NAYS, 0 ABSENT PND NOT VOTlflG). HB 1328 was placed on the Fourteenth order on the calendar.

REPORT OF STANDI NG COMMITTEE HB 1330 : Transportation Co11111i t t ee (Sen . 8 . Stenehjem, Cha i rman ) reconrnends

DO PASS (7 YEAS, 13 NAYS, 0 ABSENT At D NOT VOTitlG). HB 1330 was placed on the Fourteenth order on the calendar.

REPORT OF STANDI NG COMMITTEE HB 1331 : Transportation Connit tee (Sen. B. Stenehj em, Cha irman) r econrnends

DO PASS (6 YEAS, 1 NAY, 0 ABSEtlT AllD tlOT VOTING). HB 1331 was placed on the Fourteenth order on the calendar .

REPORT OF STANDING COMMITTEE HB 1332, as engrossed : Tr ansportation Cotm1 i ttee (Sen . B. Stenehjem,

Cha i rma.n) reconrnends DO PASS (5 YEAS, 1 tMY, I ABS ENT AND NOT VOT JNG). Engrossed HB 1332 was placed on the Fourteenth order on the calendar .

REPORT Of STANDING COMMITTEE HB 1342, as engrossed : Government and Veter ans Affairs Corrmi ttee

(Sen . Krebsbach, Cha i rman) r eco11T11encs DO PASS (7 YEAS , 0 NAYS, 0 ABSENT AND NOT VOTJNG). Engrossed HB 1342 was placed on the Fourt een t h order on the calendar.

REPORT OF STANDING COMMI TTEE HB 1356 : Agricu l ture Committee (Sen . Bo"man, Chairnan) reco1T11Jends DO PASS

(5 YEAS, 0 NAYS, 0 ABSHH AtlD NOT ~OTI NG). HB l356 was placed on the fourteenth order on the calendar.

REPORT OF STANOIN~ COMMITTEE HB 1379, a.s engrossed: Human Services Committee {Sen. Thane, Chai nnan)

r ecollT!lends DO PASS and BE REREFERRED t o the Appropriat i ons Co11111 i ttee (5 YEAS, 2 NAYS , 0 ABSEIH AND NOT VOTING) . Engrossed HB 1379 was reref erred to t he Appropriations Comnittee .

REPORT Of STAnDING COMMITTEE HB 1394: Agriculture Co1T111ittee (Sen . Bownan, Chairma.n) r ecOllll'ends DO PASS

(S YEAS , 0 NAYS, 0 ABSEHT MD NOT VOTING). HB 1394 was pl aced on t he Fourteenth order on the cal endar.

REPORT OF STANDING COMMITTEE HB 1399, as engrossed: Judiciary Committee (Sen. II. Stenehjem, Chairman)

recomnends DO NOT PASS (5 YEAS, () NAYS, () ABS ENT AtlD !IOT VOTI IG). Engrossed ~B 1399 was placed on t he Four teen th or der on the ca l endar .

REPORT OF STANDING COMMITTEE HB 1419: Government and Veterans Affairs Connittee (Sen. Krebsbach,

Chai man) recoITTTiends DO PASS (7 YEAS, 0 NAYS , 13 ABSEtH AND IWT VOT!tlG) . HB 1419 wa! placed on the Fourteent h order on the cal endar.

REPORT OF STANDING COMMITTEE HB 1432, as reeflgrossed: Judiciary Connittee (Sen . II. Stenehjem, Chairman)

recomnends AMENDMENTS AS FOLLOWS and when so amended, reconrnends DO PASS and BE REREFERREO to the Appropriations Comnittee (3 YEAS, 2 NAYS, O ABSENT AtlD NOT VOT!tlG). Reengrossed HB 1432 was placed on the Sixth order on tte calendar.

Pagel, line 1, af ter "16. 1-11' i nsert ' and a new subdivision to subsect i on 1 of sect i on 28-32-131 '

928 JOURnAL OF THE SENATE 48th OAY

Page 1. I ine 3, after 'pr imary" insert "and exceptions from t he defin i tion of administrati ve agency"

Page l, line 13, after the pe riod i nsert 'llo other elect ion may be held in conjunction with the presidential preference primary. '

Page 2, line 17, replace 'followi'lg provisions apply to a president ial' with 'secretary of state shall adopt rules relating to the pres idential preference primary. including rules providing for the reduction of poll wor(ers, the reduction of poll hours, the reduction of precincts, the arra1gernent of the names of candidates on the official ballot, the publication of the sample ballot, and open voti'lg within cities or counties.•


Page 3, remove 1 i nes l and 2

Page 5, after 1 ine 4, insert:

'SECTION 9. A new s ubdi vision to subsection 1 of section 28-32-01 of the 1993 Supplement to the tlorth Dakota Century Code is created and enacted as follows:


The secretary of state with respect to rules adopted for the presidential preference prirary under section 4 of this Act.'

REPORT or STANDING COHMITTEE HB 1461, as re engrossed: Human Services Committee (Sen. Thane, Chairman)

reconrnends AMENDMENTS AS FOLLOWS and when so amended, reco11111ends DO PASS and BE REREfERRED to the Appropriations Committee (7 YEAS, 0 llAYS, () ABSEllT AND NOT VOTUIG). Reengrossed HB 1461 was placed on t1e Sixth order on the ca 1 endar .

Page l, line 3, remove the seco1d "and"

Page l, line 6, after ' licensure" insert'; and to provide an effect ive date '

Page 2, lire 2, rep lace ' except a county ' with "or a hospice program licensed under chapter 23-17.4'

Page 2, line 3, rE!lllve 'socia l service board,'

Page 2, line 7, after the period insert 'The tenn does not include a qualified service provider as defined in section 50-06.2-92 or an individual who provides direct personal care services when that individual is acting solely under private arrangements with 3 direct recipient of care or with a relative acting on that recipient ' s behalf."

Page 2, line 19, remove 'or another law'

Page 3, l ine 15, remove • , including mea l preparation '


'!!..,. Home management services that are provided to a person who is unable to perform these activities due to illness, di sability. or physical condition and which include at least tl~o of the following: housekeeping, meal preparation . and shopping. '


Page 3. 1 ine 16. rep lace "Q· with · ~·

Page 3. 1 ine 18, repl ace "£• with ·g·

Page 3, 1 ine 20, replace "Q" with •g_•

Page 3, line 21, replace .. ~. with "f"

Page 7, after line 5, insert :

' SECTION 5. EFFECTIVE DATE . Subdivision d of subsection 13 of section 23-17.3-01 becomes effective August 1, 1997."


RE PORT OF STANDING COMMITTEE HB 1478: Government and Veterans Affairs Co11111ittee {Sen . Krebsbach,

Cha inian) reco1TI1ends DO PASS (7 YEAS, 0 NAYS, e ABSENT AND tlOT VOTI NG). HB 1478 was placed on t he Fourteenth order on the calendar.

REPORT OF STANDING COMMITTEE HCR 3691 : Agriculture Conmittee {Sen . Bowman, Chairman) recorrme nd s DO PASS

and BE PLACED ON THE CONSENT CALENDAR (5 YEAS, 0 NAYS , 0 ABSENT .~Im NOT VOTING). HCR 3001 was placed on the Tenth order on the cal endar.

The Senate stood adjourned pur suant to Senator ~oetz 's mot ion.

Wi l liam C. Parker, Secretary

· message to the house from the senate (wi lliam c. parke r, secretary) mr. speaker : the...

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