friday, march 13, 1987 1839 fiftieth legislative assembly- fargo - fargo - fargo rep. whalen moved...

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FRIDAY, MARCH 13, 1987 1839 JOURNAL OF THE HOUSE Fiftieth Legislative Assembly ***** FORTY-SEVENTH DAY Bismarck, March 13, 1987 The House convened at 12:30 p.m., with Speaker Kloubec presiding. The prayer was offered by Debra Ball-Kilbourne, First United Methodist Church, Bismarck, North Dakota. ROLL CALL The roll was called and all Representatives were present, except Representatives Christman, Gerntholz, Lang, and v. Olson. A quorum was declared by the Speaker. CORRECTION AND REVISION OF THE JOURNAL MR. SPEAKER: Your Committee on Correction and Revision of the Journal has carefully examined the Journal of the Forty-sixth Day and finds the same to be correct. REP. THOMPSON, Chairman REP. SHAW MOVED that the report be adopted, which motion prevailed. DOCTOR OF THE DAY SCHEDULE March 16, 17, 18: Cory Miller, M.D. March 19 Ken Helenbolt, M.D. March 20 Wayne Anderson, M.D. SIXTH ORDER OF BUSINESS - Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business and Labor as printed on pages 1818-1822 of the House Journal be adopted, and when so adopted, recommends the same DO PASS, which motion prevailed. MOTION REP. STRINDEN MOVED that the rules be suspended and that HB 1666 be deemed properly reengrossed and be placed on the Eleventh order, as amended, for second reading and final passage, which motion prevailed. SECOND READING OF HOUSE BILL HB 1666: A BILL for an Act to create and enact a new subsection to section 10-04-06 of the North Dakota Century Code, relating to securities transactions exempt from registration requirements; and to amend and reenact subsection 5 of section 10-04-02 and subsections 5 and 9 of section 10-04-06 of the North Dakota Century Code, relating to the issuance and sale of securities.

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Page 1: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1839

JOURNAL OF THE HOUSE

Fiftieth Legislative Assembly

*****

FORTY-SEVENTH DAY Bismarck, March 13, 1987

The House convened at 12:30 p.m., with Speaker Kloubec presiding.

The prayer was offered by Debra Ball-Kilbourne, First United Methodist Church, Bismarck, North Dakota.

ROLL CALL The roll was called and all Representatives were present, except Representatives Christman, Gerntholz, Lang, and v. Olson.

A quorum was declared by the Speaker.

CORRECTION AND REVISION OF THE JOURNAL MR. SPEAKER: Your Committee on Correction and Revision of the Journal has carefully examined the Journal of the Forty-sixth Day and finds the same to be correct.

REP. THOMPSON, Chairman

REP. SHAW MOVED that the report be adopted, which motion prevailed.

DOCTOR OF THE DAY SCHEDULE March 16, 17, 18: Cory Miller, M.D. March 19 Ken Helenbolt, M.D. March 20 Wayne Anderson, M.D.

SIXTH ORDER OF BUSINESS

- Fargo - Fargo - Fargo

REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business and Labor as printed on pages 1818-1822 of the House Journal be adopted, and when so adopted, recommends the same DO PASS, which motion prevailed.

MOTION REP. STRINDEN MOVED that the rules be suspended and that HB 1666 be deemed properly reengrossed and be placed on the Eleventh order, as amended, for second reading and final passage, which motion prevailed.

SECOND READING OF HOUSE BILL HB 1666: A BILL for an Act to create and enact a new subsection

to section 10-04-06 of the North Dakota Century Code, relating to securities transactions exempt from registration requirements; and to amend and reenact subsection 5 of section 10-04-02 and subsections 5 and 9 of section 10-04-06 of the North Dakota Century Code, relating to the issuance and sale of securities.

Page 2: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1840 JOURNAL OF THE HOUSE

Which has been read.

ROLL CALL

The question being on the final passage of the bill, as amended, the roll was called and there were 103 YEAS, 0 NAYS, 3 ABSENT AND NOT VOTING.

YEAS: Aas; Almlie; Anderson; Belter; Berg, G.; Berg, R.; Brokaw; Cleveland; Dalrymple; DeMers, J.; DeMers, P.; Dorso; Dotzenrod; Enget; Flaagan; Frey; Gates; Goetz; Gorman; Graba; Gunsch; Halmrast; Hamerlik; Hanson, L.; Hanson, O.; Haugen; Haugland; Hausauer, A.; Hausauer, R.; Hill; Hoffner; Hokana; Kelly; Kent; Kingsbury; Klundt; Knell; Knudson; Koland; Kolbo; Kretschmar; Kuchera; Lang; Larson; Laughlin; Lautenschlager; Linderman; Lindgren; Marks; Martin; Martinson; Melby; Mertens; Meyer; Moore; Murphy; Myrdal; Nelson, C.; Nelson, J.; Nicholas; Nowatzki; Oban; O'Connell; Olsen, D.; Olson, A.; Opedahl; O'Shea; Payne; Peterson; Rice; Riehl; Rydell; Scherber; Schindler; Schneider; Shaft; Shaw; Shide; Shockman; Skjerven; Smette; Solberg; Sorensen; Starke; Stofferahn; Strinden; Thompson; Tokach; Tollefson; Tomac; Trautman; Ulmer; Vander Vorst; Wald; Watne; Wentz; Whalen; Wilkie; Williams, A.; Williams, C.; Williams, W.; Winkelman; Speaker Kloubec

NAYS: None

ABSENT AND NOT VOTING: Christman; Gerntholz; Olson, V.

HB 1666 passed and the title was agreed to.

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MOTION

REP. STRINDEN MOVED that the rules be suspended and that HB 1666 be messaged to the Senate immediately, which motion prevailed.

SIXTH ORDER OF BUSINESS

REP. A. HAUSAUER MOVED that the amendments to HB 1670 as recommended by the Committee on Finance and Taxation as printed on pages 1822-1832 of the House Journal be adopted, and when so adopted, recommends the same BE PLACED ON THE CALENDAR WITHOUT RECOMMENDATION, which motion prevailed.

MOTION

REP. STRINDEN MOVED that the rules be suspended and that HB 1670 be deemed properly reengrossed and be placed directly after HB 1676 on the Eleventh order, as amended, for second reading and final passage, which motion prevailed.

Page 3: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1841

SIXTH ORDER OF BUSINESS REP. MARTINSON MOVED that the amendments to SB 2109 as recommended by the Committee on State and Federal Government as printed on page 1832 of the House Journal be adopted, and when so adopted, recommends the same DO PASS, which motion prevailed.

SB 2109 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MOTION REP. STRINDEN MOVED that SB 2380 be placed at the top of the Fourteenth order on the calendar, which motion prevailed.

SIXTH ORDER OF BUSINESS REP. MOORE MOVED that the amendments to SB 2444 as recommended by the Committee on Political Subdivisions as printed on page 1833 of the House Journal be adopted, and when so adopted, recommends the same DO PASS, which motion prevailed.

SB 2444 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

REP. MOORE MOVED that the amendments to SB 2445 as recommended by the Committee on Political Subdivisions as printed on pages 1833-1834 of the House Journal be adopted, and when so adopted, recommends the same DO PASS, which motion prevailed.

SB 2445 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

REP. MARTINSON MOVED that the amendments to SB 2471 as recommended by the Committee on State and Federal Government as printed on page 1834 of the House Journal be adopted, and when so adopted, recommends the same DO PASS and be rereferred to the Committee on Appropriations, which motion prevailed.

SB 2471 was rereferred to the Committee on Appropriations.

REP. GATES MOVED that the amendments to SB 2520 as recommended by the Committee on Education as printed on page 1835 of the House Journal be adopted, and when so adopted, recommends the same DO PASS, which motion prevailed.

SB 2520 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MESSAGES TO THE SENA TE HOUSE CHAMBER

MADAM PRESIDENT: I have the honor to inform you that the House has concurred in the Senate amendments to HB 1122, HB 1172, HB 1180, HB 1185, HB 1397, HCR 3025 and subsequently passed the same.

ROY GILBREATH, Chief Clerk

Page 4: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1842 JOURNAL OF THE HOUSE

HOUSE CHAMBER MADAM PRESIDENT: have the honor to return herewith the following which the House has amended, and subsequently failed.

SB 2192 ROY GILBREATH, Chief Clerk

HOUSE CHAMBER MADAM SPEAKER: have the honor to return herewith the following which the House has amended, and subsequently passed.

SB 2011, SB 2033, SB 2085, SB 2093, SB 2141 ROY GILBREATH, Chief Clerk

HOUSE CHAMBER MADAM PRESIDENT: I have the honor to transmit herewith the

passed and your favorable following which the House has consideration is requested on:

HB 1674 ROY GILBREATH, Chief Clerk

SIGNING OF BILLS AND RESOLUTIONS THE CHIEF CLERK ANNOUNCED that the Speaker signed the following:

HB 1056, HB 1300, HB 1308, HB 1594 ROY GILBREATH, Chief Clerk

MESSAGE TO THE SENA TE HOUSE CHAMBER

MADAM PRESIDENT: have the honor following which the Speaker has signed respectfully requested:

to transmit herewith the and your signature is

HB 1056, HB 1300, HB 1308, HB 1594 ROY GILBREATH, Chief Clerk

MESSAGES FROM THE SENATE SENATE CHAMBER

MR. SPEAKER: I have the honor to return herewith the following which the Senate has amended and subsequently failed to pass:

HB 1328 PERRY GROTBERG, Secretary

SENATE CHAMBER MR. SPEAKER: I have the honor to transmit herewith the following which the President Pro Tern has signed and your signature is respectfully requested:

SB 2047, SB 2246,

SB 2094, SB 2250,

SB 2096, SB 2105, SB 2154, SB 2253, SB 2267, SB 2272,

SB 2169, SB 2283,

Page 5: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1843

SB 2292, SB 2330, SB 2398, SB 2423, SB 2432, SB 2511, SCR 4035, SCR 4052, SCR 4053, SCR 4056, SCR 4058

PERRY GROTBERG, Secretary

SENATE CHAMBER MR. SPEAKER: I have the honor to return herewith HB 1176, HB 1207, HB 1231, HB 1257, HB 1293, HB 1330, HB 1388, HB 1393, HB 1497, and HB 1609 which the Senate has amended and subsequently passed:

SENATE AMENDMENTS TO ENGROSSED HB 1176 On page 1 of the engrossed bill, line 6, delete the word "and"

and after the numerals 11 57-36-02" insert the words " and subsection 1 of section 62.1-01-01"

On page 1 of the "organizations" weapon"

engrossed bill, line 9, after the word insert the words", definition of dangerous

On page 4 of the engrossed bill, following new section:

after line 29, insert the

"SECTION 6. AMENDMENT. Subsection 1 62.1-01-01 of the North Dakota Century Code amended and reenacted to read as follows:

of section is hereby

1. "Dangerous weapon" includes any switchblade or gravity knife, machete, scimitar, stiletto, sword, e~ dagger, or knife with a blade of five inches [12.7 centimeters] or more; any throwing star, nunchaku, or other martial arts weapon; any billy, blackjack, sap, bludgeon, cudgel, metal knuckles, or sand club; any slungshot; any bow and arrow, crossbow, or spear; any stun gun; any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or co2 ~ gun; and any projector of a bomb or any

object containing or capable of producing and emitting any noxious liquid, gas, or substance."

And renumber the lines, sections, and pages accordingly

SENATE AMENDMENTS TO ENGROSSED HB 1207 On page 2 of the engrossed bill, line 11, delete the word

"inspect" and insert in lieu thereof the words "cooperate with the commissioner in the inspection of"

And renumber the lines, sections, and pages accordingly

Page 6: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1844 JOURNAL OF THE HOUSE

SENATE AMENDMENTS TO ENGROSSED HB 1231 On page 2, line 1, after the third comma insert the word

"chiropractic,"

On page 3, line 3, delete the word "a" and insert in lieu thereof the words "all of the following provisions:

a. A provision that if a covered person receivesemergency care and cannot reasonably reach a preferred provider that care will bereimbursed as though the covered person hadbeen treated by a preferred provider.

b. A provision that if covered services are notavailable through a preferred provider,reimbursement for those services will be made as though the covered person had been treatedby a preferred provider.

c . A"

And renumber the lines, sections, and pages accordingly

SENATE AMENDMENTS TO HB 1257 On page 1, line 1, after the word "A BILL" delete the remainder

of the bill and insert in lieu thereof the following: "for an Act to amend and reenact section 20.1-07-03.l of the North Dakota Century Code, relating to the use of snares for taking coyotes; and to provide a penalty.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 20. 1-07-03 .1 of the 1985 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

20.1-07-03.1. Use of snares for taking coyotes - Restrictions -Identification - Snare standards.

1. The governor shall establish by proclamation an upland snaring season for the taking of coyotes.

2. No person may set or lay any snare for thepurpose of taking coyotes on land belonging to another private person without receiving written permission from that person.

3. A person using a snare for the purpose of takingcoyotes shall permanently affix with a metal orplastic tag that person's name, address, and telephone number to each snare being used.

---

Page 7: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1845

4. The commissioner shall establish and publish in pamphlet form safety standards for snares used for the taking of coyotes, which will prevent the accidental holding of deer and other appropriate animals. These standards must be followed by any person using a snare pursuant to this section.

5. Any person who violates this section is guilty of a class A misdemeanor."

And renumber the lines, sections, and pages accordingly

SENATE AMENDMENTS TO ENGROSSED HB 1293 On page 1 of the engrossed bill, line 3, delete the words

"auditor of" and insert in lieu thereof the words "commission and county extension agent of services and"

On page 1 of the engrossed bill, line 9, after the word "university" insert the words "services and"

On page 1 of the engrossed bill, line 10, delete the word "list" and insert in lieu thereof the word "information"

On page 1 of the engrossed bill, line 23, after the word 11 service II insert the words 11 ~o_,f'----_N=o_,r'-'t=h"------=D'-'a=k~o~t=a--'s~t=a-'t~e university"

And renumber the lines, sections, and pages accordingly

SENATE AMENDMENTS TO ENGROSSED HB 1330 On page 1 of the engrossed bill, line 1, delete the words "create

and enact two new sections to chapter" and insert in lieu thereof the words "provide for the establishment of"

On page 1 of the engrossed bill, line 2, delete the words and numerals 11 50-06.1 of the North Dakota Century Code, relating to"

On page 1 of the engrossed bill, line 7, delete the words "A new section to chapter 50-06.1 of the North"

On page 1 of the engrossed bill, delete lines 8 and 9

On page 1 of the engrossed bill, line 19, delete the words and numerals "A new section to chapter 50-06.1 of the North"

On page 1 of the engrossed bill, delete lines 20 and 21

On page 2 of the engrossed bill, "physician" insert the words "and immediate family"

line the

9, after the word injured person or

And renumber the lines, sections, and pages accordingly

Page 8: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1846 JOURNAL OF THE HOUSE

SENATE AMENDMENTS TO HB 1388 On page 1, line 3, after the word "licenses" insert the words"

and to provide an effective date"

On page 1, line 26, after the word "license" insert the words "and twenty-five cents for each stamp purchased. The maximum allowable service fees must be printed on the written portion of the license"

On page 2, after line 9, insert the following new section:

"SECTION 2. EFFECTIVE DATE. This Act becomes effective on January 1, 1988."

And renumber the lines, sections, and pages accordingly

SENATE AMENDMENTS TO HB 1393 On page 2, line 6, delete the words "The new"

On page 2, delete lines 7 and 8

And renumber the lines, sections, and pages accordingly

SENATE AMENDMENTS TO ENGROSSED HB 1497 On page 1 of the engrossed bill, line 10, delete the word "may"

and insert in lieu thereof the word "shall"

On page 1 of the "lottery" and commissioner in are received by

engrossed bill, line 14, delete the word insert in lieu thereof the words "the the order the applications for the licenses the commissioner,"

And renumber the lines, sections, and pages accordingly

SENATE AMENDMENTS TO HB 1609 On page 1, line 11, delete the comma and insert in lieu thereof

the word "and"

On page 1, line 12, delete the words" and numbers"

On page 1, line 13, after the period insert the words "The number of complimentary licenses shall not exceed fifty licenses per year. The visiting dignitaries shall be determined by the commissioner to be of national or international stature before being eligible for complimentary licenses."

And renumber the lines, sections, and pages accordingly PERRY GROTBERG, Secretary

Page 9: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1847

SENA TE CHAMBER MR. SPEAKER: I have the honor to return herewith the following which the Senate has passed unchanged:

HB 1673 PERRY GROTBERG, Secretary

SENATE CHAMBER MR. SPEAKER: I have the honor to return herewith the following which the President Pro Tern has signed:

HB 1093, HB 1119, HB 1163, HB 1164, HB 1175, HB 1205, HB 1219, HB 1244, HB 1317, HB 1318, HB 1343, HB 1370, HB 1389, HB 1400, HB 1415, HB 1419, HB 1425, HB 1432, HB 1501, HB 1522, HB 1531, HCR 3002, HCR 3008, HCR 3012, HCR 3022

PERRY GROTBERG, Secretary

SENATE CHAMBER MR. SPEAKER: I have the honor to return herewith the following which the President Pro Tern has signed:

HB 1275, HB 1276 PERRY GROTBERG, Secretary

SENA TE CHAMBER MR. SPEAKER: I have the honor to following which the President Pro Tern signature is respectfully requested:

transmit herewith has signed and

the your

SB 2112, SB 2332, SB 2497

SB 2159, SB 2335,

SB 2239, SB 2370,

SB 2270, SB 2433,

SB 2282, SB 2482,

SB 2329, SB 2487,

REP. WHALEN MOVED by the Committee on pages 1835-1837 of adopted, recommends

PERRY GROTBERG, Secretary

SIXTH ORDER OF BUSINESS that the amendments to SB 2533 as Industry, Business and Labor as

the House Journal be adopted, the same DO PASS.

REQUEST

recommended printed on and when so

REP. A. OLSON REQUESTED that the question of the adoption of the amendments to SB 2533 be divided to have the sections voted on separately in the following manner, which request was granted as per House Rule 316, which states that the Division of the Question must be supported by twelve members, which request was granted.

DIVISION A

SECTION 1. AMENDMENT. Section 19-10-03.1 of the 1985 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

Page 10: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1848 JOURNAL OF THE HOUSE

19-10-03.1. Retail sale of alcohol-blended gasoline - Notice required. No dealer may sell at retail alcohol-blended gasoline unless the dispensing unit BeaFs and any price advertising bear the word "contains" and the name of the alcohol blended with the gasoline if the alcohol-blended gasoline consists of one percent or more by volume of any alcohol.

DIVISION B

SECTION 2. AMENDMENT. Subsection 2 of section 57-43 .1-02 of the 1985 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

2. The tax imposed on gasoline sold which contains a minimum ten percent blend of a qualifying alcohol whose purity is at least ninety-nine percent alcohol is reduced in accordance with this subsection and subsection 3. An alcohol is a qualifying alcohol if it is methanol produced from coal or if the taxpayer certifies that it is derived from agricultural products produced entirely in the United States. For qualifying alcohols, the tax is:

a. FFeffi Jtt~y ~7 ~9857 ~RFett~R Through June 30, 1987, eight cents per gallon [3.79 liters] less than the tax imposed under subsection 1.

b. From July l, 1987, through June 30, 1989, but subject to the termination requirements of this subdivision, four cents per gallon [3.79 liters] less than the tax imposed under subsection 1. During this period, the following procedures apply:

(1) Each month, the commissioner shall determine the total number of gallons [3.79 liters] of gasoline sold since June 30, 1987, and entitled to the exemption allowed under this subdivision.

(2) The commissioner shall then determine the average number of gallons [3.79 liters] of that gasoline sold each month since June 30, 1987.

(3) The commissioner shall then determine the sum of two plus the number of months since June 1987.

(4) The commissioner shall then multiply the number determined under paragraph 2 times the number determined under paragraph 3.

(5) When the product determined under paragraph 4 reaches one hundred thirty-five million

Page 11: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1849

gallons [511,025,000.0 liters], the exemption allowed under this subdivision no longer applies, except that even if the specified number of gallons [3.79 liters] is exceeded for the final month, the exemption applies for that entire month. When appropriate, the commissioner shall publish a notice that the exemption no longer applies and will not apply until after June 30, 1989.

c. From July l, 1989, through December 31, 1992, four cents per gallon [3.79 liters] less than the tax imposed under subsection 1.

e~ ~ After December 31, 1992, at the same rate as the tax imposed under subsection 1.

MOTION REP. KENT MOVED the previous question, which motion prevailed.

REP. DALRYMPLE REQUESTED adoption of both Division A request was granted.

REQUEST a recorded roll

and Division B

ROLL CALL

call vote on the amendments, which

The question then was on the motion to adopt Division A of the proposed amendments to SB 2533, the roll was called and there were 91 YEAS, 13 NAYS, 2 ABSENT AND NOT VOTING.

YEAS: Aas; Anderson; Belter; Berg, R.; Cleveland; Dalrymple; DeMers, J.; DeMers, P.; Dorso; Dotzenrod; Enget; Flaagan; Frey; Gates; Gerntholz; Goetz; Gorman; Graba; Gunsch; Hamerlik; Hanson, L.; Hanson, O.; Haugen; Haugland; Hausauer, A.; Hausauer, R.; Hill; Hoftner; Hokana; Kelly; Kent; Kingsbury; Klundt; Knell; Knudson; Koland; Kolbo; Kretschmar; Larson; Laughlin; Linderman; Lindgren; Marks; Martin; Mertens; Meyer; Moore; Murphy; Myrdal; Nelson, C.; Nelson, J.; Nicholas; Nowatzki; Oban; O'Connell; Olsen, D.; Olson, A.; Olson, V.; Opedahl; O'Shea; Payne; Peterson; Rice; Rydell; Scherber; Schindler; Schneider; Shaft; Shaw; Skjerven; Smette; Solberg; Sorensen; Starke; Strinden; Thompson; Tokach; Tollefson; Tomac; Trautman; Ulmer; Vander Vorst; Wald; Watne; Wentz; Whalen; Williams, A.; Williams, C.; Williams, W.; Winkelman; Speaker Kloubec

NAYS: Almlie; Brokaw; Halmrast; Lautenschlager; Martinson; Melby; Shockman; Stofferahn; Wilkie

Kuchera; Riehl;

ABSENT AND NOT VOTING: Berg, G.; Christman

Lang; Shide;

Page 12: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1850 JOURNAL OF THE HOUSE

Division A of the proposed amendments to SB 2533 passed.

ROLL CALL

The question then was on the motion to adopt Division B of the proposed amendments to SB 2533, the roll was called and there were 59 YEAS, 45 NAYS, 2 ABSENT AND NOT VOTING.

YEAS: Aas; Anderson; Belter; Berg, R.; Cleveland; Dalrymple; DeMers, J.; DeMers, P.; Dorso; Enget; Flaagan; Frey; Gates; Gerntholz; Goetz; Gorman; Gunsch; Hamerlik; Hanson, L.; Haugen; Hausauer, A.; Hill; Hokana; Kelly; Kent; Klundt; Knell; Koland; Kolbo; Larson; Laughlin; Lindgren; Martin; Moore; Oban; Olsen, D.; Olson, V.; Opedahl; O'Shea; Payne; Rice; Rydell; Scherber; Schindler; Schneider; Shaft; Sorensen; Stofferahn; Tokach; Tollefson; Tomac; Wald; Wentz; Whalen; Wilkie; Williams, C.; Williams, W.; Winkelman; Speaker Kloubec

NAYS: Almlie; Berg, G.; Brokaw; Dotzenrod; Graba; Halmrast; Hanson, O.; Haugland; Hausauer, R.; Hoffner; Kingsbury; Kretschmar; Kuchera; Lang; Lautenschlager; Linderman; Marks; Martinson; Melby; Mertens; Meyer; Murphy; Myrdal; Nelson, C.; Nelson, J.; Nicholas; Nowatzki; O'Connell; Olson, A.; Peterson; Riehl; Shaw; Shide; Shockman; Skjerven; Smette; Solberg; Starke; Strinden; Thompson; Trautman; Ulmer; Vander Vorst; Watne; Williams, A.

ABSENT AND NOT VOTING: Christman; Knudson

Division B of the proposed amendments to SB 2533 passed.

The question then was on the adoption of the amendments to SB 2533, including Division A, and including Division B, with title amended appropriately, and lines, sections, and pages renumbered accordingly.

The amendments to SB 2533, including Division A, and including Division B were adopted on a verification vote.

MOTION

REP. STRINDEN MOVED that the rules be suspended, that SB 2533 be deemed properly reengrossed and placed on the Fourteenth order for second reading and final passage, which motion prevailed.

SECOND READING OF SENATE BILL

SB 2533: A BILL for an Act to amend and reenact section19-10-03.1 and subsection 2 of section 57-43.1-02 of the North Dakota Century Code, relating to required disclosure of certain contents of gasoline and to taxes on motorvehicle fuels containing alcohol.

Which has been read.

Page 13: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1851

ROLL CALL The question being on the final passage of the bill, as amended, the roll was called and there were 65 YEAS, 40 NAYS, 1 ABSENT AND NOT VOTING.

YEAS: Aas; Anderson; Belter; Berg, R.; Cleveland; Dalrymple; DeMers, J.; DeMers, P.; Dorso; Enget; Flaagan; Frey; Gates; Gerntholz; Goetz; Gorman; Gunsch; Hamerlik; Hanson, L.; Haugen; Haugland; Hausauer, A.; Hausauer, R.; Hokana; Kelly; Kent; Klundt; Knell; Knudson; Koland; Kolbo; Larson; Laughlin; Lindgren; Martin; Moore; Murphy; Nelson, J.; Oban; Olsen, D.; Olson, V.; Opedahl; O'Shea; Payne; Peterson; Rice; Rydell; Scherber; Schindler; Schneider; Shaft; Sorensen; Starke; Stofferahn; Strinden; Takach; Tollefson; Tomac; Wald; Wentz; Wilkie; Williams, C.; Williams, W.; Winkelman; Speaker Kloubec

NAYS: Almlie; Berg, G.; Brokaw; Dotzenrod; Graba; Halmrast; Hanson, O.; Hill; Hoffner; Kingsbury; Kretschmar; Kuchera; Lang; Lautenschlager; Linderman; Marks; Martinson; Melby; Mertens; Meyer; Myrdal; Nelson, C.; Nicholas; Nowatzki; O'Connell; Olson, A.; Riehl; Shaw; Shide; Shockman; Skjerven; Smette; Solberg; Thompson; Trautman; Ulmer; Vander Vorst; Watne; Whalen; Williams, A.

ABSENT AND NOT VOTING: Christman

SB 2533 passed and the title was agreed to.

REP. PETERSON MOVED order, be rereferred motion prevailed.

AAAAAAAAAAAAAAAAAAA

MOTIONS that SB 2018, which is on the Fourteenth

to the Committee on Appropriations, which

REP. PAYNE MOVED that the House reconsider its action whereby the amendments to SB 2103 were adopted and SB 2103, as amended, was placed on the Fourteenth order of business on the calendar.

REQUEST REP. HOFFNER REQUESTED a recorded roll call vote on the motion to reconsider the action whereby the amendments to SB 2103 were adopted and SB 2103, as amended, was placed on the Fourteenth order of business on the calendar, which request was granted.

ROLL CALL The question being on the motion to reconsider the action whereby the amendments to SB 2103 were adopted and SB 2103, as amended, was placed on the Fourteenth order of business on the calendar, the roll was called and there were 56 YEAS, 48 NAYS, 2 ABSENT AND NOT VOTING.

Page 14: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1852 JOURNAL OF THE HOUSE

YEAS: Berg, G.; Berg, R.; Brokaw; DeMers, J.; DeMers, P.; Dotzenrod; Enget; Flaagan; Frey; Graba; Halmrast; Hamerlik; Hanson, L.; Haugland; Hill; Hoffner; Hokana; Kelly; Klundt; Knudson; Kolbo; Kretschmar; Laughlin; Lautenschlager; Linderman; Marks; Martin; Mertens; Meyer; Murphy; Nelson, C.; Nelson, J.; Nowatzki; Oban; O'Connell; Olson, V.; Opedahl; O'Shea; Payne; Peterson; Riehl; Rydell; Scherber; Schindler; Schneider; Shockman; Skjerven; Solberg; Starke; Stofferahn; Ulmer; Watne; Wilkie; Williams, A.; Williams, C.; Williams, W.

NAYS: Aas; Almlie; Anderson; Belter; Cleveland; Dalrymple; Dorso; Gates; Gerntholz; Goetz; Gorman; Gunsch; Hanson, O.; Haugen; Hausauer, A.; Hausauer, R.; Kent; Kingsbury; Knell; Koland; Kuchera; Lang; Larson; Lindgren; Martinson; Melby; Moore; Myrdal; Nicholas; Olsen, D.; Olson, A.; Rice; Shaft; Shaw; Shide; Smette; Sorensen; Strinden; Thompson; Tokach; Tollefson; Tomac; Trautman; Vander Vorst; Wald; Wentz; Winkelman; Speaker Kloubec

ABSENT AND NOT VOTING: Christman; Whalen

So the motion to reconsider the action whereby the amendments to SB 2103 were adopted and SB 2103, as amended, was placed on the Fourteenth order of business on the calendar, passed.

The House was on the motion of Rep. A. Hausauer to adopt the amendments to SB 2103, as recommended by the Committee on Finance and Taxation.

REQUEST REP. A. HAUSAUER REQUESTED that the amendments to SB 2103 be divided in the following manner, which request was granted as per House Rule 316, which states that the Division of the Question must be supported by twelve members.

DIVISION A

On page 1 of the reengrossed bill, line 5, delete the words" and to provide an appropriation"

On page 1 of the reengrossed bill, line 13, delete the word "twenty-five" and insert in lieu thereof the word "fifteen"

On page 2 of the reengrossed bill, over the words "i>e ~l,.e e!"eel:i:i> delete the word "Of"

line 6, remove the overstrike e£ i>!,.e <Je!'le!"e.i h1ael" and

On page 2 of the reengrossed bill, delete lines 7 through 18

On page 2 of the reengrossed bill, line 26, delete the word "twenty-five" and insert in lieu thereof the word "fifteen"

Page 15: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1853

On page 3 of the reengrossed bill, line 21, delete the word "twenty-five" and insert in lieu thereof the word "fifteen"

On page 4 of the reengrossed bill, line l, delete the word "twenty-five" and insert in lieu thereof the word "fifteen"

DIVISION B

On page 4 of the reengrossed bill, delete lines 3 through 16

REQUEST REP. STRINDEN REQUESTED that the question of the Division of the amendments to SB 2103 be delayed until the Divisions were determined and explained to the full Assembly, which request was granted.

MOTION REP. STRINDEN MOVED that HB 1676 and HB 1670 be placed at the head of the calendar for second reading and final passage, which motion prevailed.

SECOND READING OF HOUSE BILL HB 1676: A BILL for an Act to create and enact section

57-38-58.1 of the North Dakota Century Code, relating to definitions for purposes of withholding from wages of nonresident employees; to amend and reenact sections 57-38-01.7 and subsection 2 of section 57-38-31 of the North Dakota Century Code, and section 57-38-29, subsection 2 of section 57-38-30.3, sections 57-38-59, 57-38-60, 57-38-60.l, 57-38-61, and 57-38-62 of the North Dakota Century Code, as contained in sections 1 through 7 of House Bill No. 1901, as approved by the fiftieth legislative assembly, relating to the rate of income tax for individuals, income withholding, income deductions, income tax returns, and payment of estimated tax for income tax purposes; to repeal sections 57-38-01.2, 57-38-01.8, 57-38-01.13, 57-38-01.14, 57-38-01.15, 57-38-06.1, 57-38-07, 57-38-29, 57-38-30.4, subsection 2 of section 57-38-31, sections 57-38-34.2, 57-38-67, 57-38-68, 57-38-69, 57-38-70, 57-38-71, 57-38-72, 57-38-73, and 57-38-74 of the North Dakota Century Code, relating to long form individual income tax filing; and to provide an effective date.

Which has been read.

REQUEST REP. STRINDEN REQUESTED a Call of the House, which request was granted.

REP. STRINDEN MOVED that we dispense with the Call of the House, which motion prevailed.

Page 16: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1854 JOURNAL OF THE HOUSE

ROLL CALL

The question being on the final passage of the bill, the roll was called and there were 58 YEAS, 47 NAYS, 1 ABSENT AND NOT VOTING.

YEAS: Aas; Almlie; Anderson; Belter; Cleveland; Dalrymple; DeMers, J.; Dotzenrod; Gates; Gerntholz; Goetz; Gorman; Gunsch; Hamerlik; Hanson, O.; Haugen; Haugland; Hausauer, A.; Hausauer, R.; Kent; Kingsbury; Knell; Knudson; Kretschmar; Kuchera; Lang; Larson; Lindgren; Martin; Martinson; Moore; Murphy; Myrdal; Nicholas; Olsen, D.; Olson, A.; Olson, V.; Payne; Peterson; Rice; Rydell; Schindler; Schneider; Shaft; Shaw; Shide; Smette; Strinden; Thompson; Tokach; Tollefson; Trautman; Vander Vorst; Wald; Wentz; Whalen; Winkelman; Speaker Kloubec

NAYS: Berg, G.; Berg, R.; Brokaw; DeMers, P.; Dorso; Enget; Flaagan; Frey; Graba; Halmrast; Hanson, L.; Hill; Hoffner; Hokana; Kelly; Klundt; Koland; Kolbo; Laughlin; Lautenschlager; Linderman; Marks; Melby; Mertens; Meyer; Nelson, C.; Nelson, J.; Nowatzki; Oban; O'Connell; Opedahl; O'Shea; Riehl; Scherber; Shockman; Skjerven; Solberg; Sorensen; Starke; Stofferahn; Tomac; Ulmer; Watne; Wilkie; Williams, A.; Williams, C.; Williams, W.

ABSENT AND NOT VOTING: Christman

HB 1676 passed and the title was agreed to.

*******************

SECOND READING OF HOUSE BILL

HB 1670: A BILL for an Act to create and enact section 57-38-58.1, a new section to chapter 57-38, and a new chapter 57-38.4 of the North Dakota Century Code, relating to definitions for purposes of withholding from wages of nonresident employees and income tax on individuals, estates, and trusts; to amend and reenact sections 57-38-59, 57-38-60, 57-38-60.1, 57-38-61, and 57-38-62 of the North Dakota Century Code, as contained in sections 3through 7 of House Bill No. 1901, as approved by the fiftieth legislative assembly, relating to income tax withholding, and payment of estimated tax for income tax purposes; and to provide an effective date.

Which has been read.

ROLL CALL

The question being on the final passage of the bill, the roll was called and there were 42 YEAS, 63 NAYS, 1 ABSENT AND NOT VOTING.

YEAS: Berg, G.; DeMers, J.; DeMers, P.; Enget; Flaagan; Graba; Halmrast; Hanson, L.; Hausauer, R.; Hill;

. . . . ... . ....... . ..

Page 17: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1855

Hoffner; Hokana; Kelly; Klundt; Kolbo; Laughlin; Lautenschlager; Linderman; Marks; Mertens; Meyer; Murphy; Nelson, C.; Nowatzki; Oban; O'Connell; Opedahl; O'Shea; Riehl; Scherber; Schneider; Shockman; Solberg; Starke; Stofferahn; Tomac; Ulmer; Watne; Wilkie; Williams, A.; Williams, C.; Williams, W.

NAYS: Aas; Almlie; Anderson; Belter; Berg, R.; Brokaw; Cleveland; Dalrymple; Dorso; Dotzenrod; Frey; Gates; Gerntholz; Goetz; Gorman; Gunsch; Hamerlik; Hanson, O.; Haugen; Haugland; Hausauer, A.; Kent; Kingsbury; Knell; Knudson; Koland; Kretschmar; Kuchera; Lang; Larson; Lindgren; Martin; Martinson; Melby; Moore; Myrdal; Nelson, J.; Nicholas; Olsen, D.; Olson, A.; Olson, V.; Payne; Peterson; Rice; Rydell; Schindler; Shaft; Shaw; Shide; Skjerven; Smette; Sorensen; Strinden; Thompson; Tokach; Tollefson; Trautman; Vander Vorst; Wald; Wentz; Whalen; Winkelman; Speaker Kloubec

ABSENT AND NOT VOTING: Christman

HB 1670 was declared lost.

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ANNOUNCEMENT BY SPEAKER THE SPEAKER ANNOUNCED that pursuant to Rep. Strinden's request, the House would now consider the amendments to SB 2103.

REQUEST REP. MERTENS REQUESTED a recorded roll call vote on the motions to adopt both Division A and Division B of SB 2103, which request was granted.

ROLL CALL

The question being on the motion to adopt amendments to SB 2103, the roll was called 51 YEAS, 54 NAYS, 1 ABSENT AND NOT VOTING.

the and

Division A there were

YEAS: Aas; Almlie; Anderson; Belter; Dalrymple; DeMers, J.; DeMers, P.; Dorso; Dotzenrod; Gates; Gerntholz; Goetz; Gorman; Gunsch; Hanson, O.; Haugen; Hausauer, A.; Hausauer, R.; Kelly; Kent; Kingsbury; Knell; Kol and; Kuchera; Lang; Larson; Laughlin; Lindgren; Martinson; Melby; Moore; Nicholas; Olsen, D.; Olson, A.; Rice; Schneider; Shaft; Shide; Smette; Sorensen; Strinden; Tokach; Tollefson; Tomac; Trautman; Vander Vorst; Wald; Whalen; Williams, W.; Winkelman; Speaker Kloubec

NAYS: Berg, G.; Berg, R.; Brokaw; Cleveland; Enget; Flaagan; Frey; Graba; Halmrast; Hamerlik; Hanson, L. Haugland; Hill; Hoffner; Hokana; Klundt; Knudson Kolbo; Kretschmar; Lautenschlager; Linderman; Marks

Page 18: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1856 JOURNAL OF THE HOUSE

Martin; Mertens; Meyer; Murphy; Myrdal; Nelson, C.; Nelson, J.; Nowatzki; Oban; O'Connell; Olson, V.; Opedahl; O'Shea; Payne; Peterson; Riehl; Rydell; Scherber; Schindler; Shaw; Shockman; Skj,erven; Solberg; Starke; Stofferahn; Thompson; Ulmer; Watne; Wentz: Wilkie; Williams, A.; Williams, C.

ABSENT ANO NOT VOTING: Christman

The motion to adopt the Division A amendments to SB 2103 !ailed to paee.

ROLL CALL The question being on the motion to adopt amendments to SB 2103, the roll was called 57 YEAS, 48 NAYS, l ABSENT AND NOT.VOTING.

the Division B and there were

YEAS: Aas; Almlie; Anderson; Belter; Berg-, R.; Cleveland; Dalrymple; DeMers, J.; Dorso; Dotzenrod; Cates; Gerntholz; Goetz; Corman; Gunsch; Hanson, O.; Haugen; Hausauer, A.; Hausauer, R.; Kelly; Kent; Kingsbury, Knell; Knudson; Koland; Kretschmar; Kuchera; Lang; Larson; Lindgren; Martinson; Melby; Moore; Myrdal; Nicholas; Olsen, D.; Olson, A,; Rice; Rydell; Schneider;. Shaft; Shaw; Shide; Smette; Sorensen; Strinden; Thompson; Tokach; Tollefson; TrautJnan; Vander Vorst; Wald; Wentz; Whalen; Williams, W.; Winkelman: Speaker Kloubec

NAYS: Berg, G.; Brokaw; DeMers, P.; Enget; Flaagan; Frey; Graba; Halmrast; Hamerlik; Hanson, L.; Haugland; Hill; Hoffner; Hokana; Klundt; Kolbo; Laughlin; Lautenschlager; Linderman; Marks; Martin; Mertens; Meyer; Murphy; Neleon, C.; Nelson, J.; Nowateki; Oban; O'Connell; Olson, V.; Opedahl; O'Shea; Payne; Peterson; Riehl; Scherber; Schindler; Shockn>an; Skjerven; Solberg; Starke; Stofferahn; Tomac; Ulmer; Watne; Wilkie; Williams, A.; Williams, C.

ABSENT AND NOT VOTING: Christman

The motion to adopt the Division B amendments to SB 2103prevailed.

MOTION REP. MARTINSON MOVED that the vote by which Division B of the amendments to SB 2103 passed be reconsidered, and the motion to reconsider be laid on the table, which motion prevailed.

ROLL CALL The question then was on the adoption of the amendments to SB 2103, excluding Division A, and including Division B, with title amended appropriately, and lines, sections, and pages

Page 19: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 18S7

;e5nUl!lbered accordingly, the roll was called and there were YEAS, SO NAYS, l ABSENT AND NOT VOTING.

YEAS: Aas; Almlie; Anderson; Belter; Berg, R.; Cleveland; Dalrymple; DeMers, J.; Dorso; Dotzenrod; Gates: Goetz; Cunsch; Hanson, O.; Haugen; Haugland; Hausauer, A.; Hausauer, R.; Kelly; Kent; Kingsbury; Knell; Knudson; Koland; Kretschmar; Kuchera; Lang: Larson: Lindgren, Martinson; Melby; Moore; Myrdal; Nichola$; Olsen, O.; Olson, A.; Rice; Rydell; Schneider; Shaft; Shaw; Shide; Smette; Sorensen; Strinden; Thompson; Tokach; Tollefson; Trautman; Wald; Wentz; Whalen; Williams, W.; Winkelman; Speaker Kloubec

NAYS: Berg, C.; Brokaw; DeMers, P.; Enget; Flaagan; Frey; Oerntholz: Gorman; craba; Halmrast; Hamerlik; Hanson, L.; Hill: Hoffner; Hokana; Klundt; Kolbo; Laughlin: Lautenschlager; Linderman; Marks; Martin; Mertens; Meyer; Murphy; Nelson, C.; Nelson, J.; Nowatzki: Oban; O'Connell; Olson, V.; Opedahl; O'Shoa; Payne; Peterson; Riehl; Scherber; Schindler; Shoclonan; Skjerven; Solberg; Starke; Stofferahn; Tomac; Ulmer; Vandor Vorst; Watne; Wilkie; Williama, A.; Williams, C.

ABSENT ANO NOT VOTING: Christman

The proposed amendments to SB 2103, excluding Division A and including Division B, were adopted.

MOTION REP. A. HAUSAUER MOVED that SB 2103 be rereferred to the Committee on Finance and Taxation, which motion prevailed.

SECOND READING OF SENATE BIILL SB 2380: A BILL for an Act to create and enact a new section to

chapter S-02 0£ the North Dakota Century Code, relating to the sale on Sunday of beer and wine by eating establishments in conjunction vi th t.he sale of prepared meals; and to amend and reenact section S-02-05 and subsection 37 of section 12.1-30-03 of the North Dakota Century Code, relating to the sale or consurnp�ion of alcoholic beverages on certain days and buaineaaea authorized to operate on Sunday.

Which haa been read.

ROLL CALL The question being on the final passage of the bill, the roll was called and there were 60 YEAS, 44 NAYS, 2 ABSENT AND NOT VOTING.

YEAS: Aas; Berg, C.; Berg, R.; Dalrymple; DeMers, J.; DeMars, P.; Dorso; Flaagan; Frey; Cates; Corman; Cr-1:,a Halmrast; Hamerlik; Ranson, L.; Haugen; Hausauer, A. Hausauer, R.; Hoffner; Hokana; Kelly; Kent; Knell

Page 20: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1858 JOURNAL OF THE HOUSE

Koland; Kretschmar; Kuchera; Larson; Lindgren Martinson; Mertens; Meyer; Moore; Murphy; Nelson, C. �icholas; Oban; O'Shea; Payne; Peterson; Rice; Riehl Rydell: .Scherber: Schneider; Shaft; Shaw; Solberg Sorensen; Stofferahn; Strinden; Tokach; Tollefson Tomac; Trautman; Ulmer; Wald; Whalen; Williams, C. Williams, W.; Speaker Klouboc

NAYS: Almlie; Anderson; Belter; Brokaw; Cleveland; Ootzenrod; En9et; Cerntholz; Coetz; Cunsch; Han�on, O.; Haugland; Hill; ,Kingsbury; Klundt; Knudson; Kolbo; Lang; Laughlin; Lautenschlager; Linderman; Marks;

Martin; Melby; Myrdal; Nelson, J.; Nowatzki; O'Connell; Olsen, 0.; Ols·on, A.; Olson, V.; Opedahl; Schindler; Shide; Shockman; Skjerven; Smette; Starke; Vander Vorst; Watne; Wentz; Wilkie; Williams, A.; Winkelman

ABSENT ANO NOT VOTING: Christman; Thompson

SB 2380 passed and the title was agreed to.

***'**'*******'****

MOTION REP. WHALEN MOVED that the House reconsider its action whereby HCR 3082 passed, which motion lost.

MESSAGE FROM THE SENATE SENA TE CHAMBER

MR. SPEAKER: I have the honor to transmit following which the President has signed and your re�pectfully requested:

herewith the signature is

SCR 4004 PERRY GROTBERG, Secretuy

SIGNING OF B ILLS AND RESOLUTIONS THE C HIEF CLERK ANNOUNCED that the Speaker signed the following:

SB 2047, SB 2246, SB 2292, SCR 4035,

SB 2094, SB 2250, SB 2330,

SCR 4052,

SB 2096, SB 2253,

SB 2398, SCR 4053,

SB 2105, SB 2154, 58 2267, 58 2272, SB 2423, SB 2432,

SCR 4056, SCR 4058 ROY GILBREATH,

MESSAGE TO THE SENA TE HOUSE CHAMBER

SB 2169, SB 2283, SB 2S11,

Chief Clerk

MADAM PRESIDENT: I have the honor to return herowith the following which the Speaker has signed:

SB 2047, SB 2246,

SB 2094, SB 2096, SB 2105, SB 2154, SB 2250, SB 2253, SB 2267, SB 2272,

SB 2169, SB 2283.

Page 21: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1859

SB 2292, SB 2330, SB 2398, SB 2423, SB 2432, SB 2511, SCR 4035, SCR 4052, SCR 4053, SCR 4056, SCR 4058

ROY GILBREATH, Chief Clerk

SIGNING OF BILLS AND RESOLUTIONS THE CHIEF CLERK ANNOUNCED that the Speaker signed the following:

SB 2112, SB 2332, SB 2497

SB 2159, SB 2239, SB 2270, SB 2282, SB 2335, SB 2370, SB 2433, SB 2482,

SB 2329, SB 2487,

ROY GILBREATH, Chief Clerk

MESSAGES TO THE SENATE HOUSE CHAMBER

MADAM PRE.SIDENT: have the honor to return herewith the following which the Speaker has signed:

SB 2112, SB 2332, SB 2497

SB 2159, SB 2239, SB 2270, SB 2282, SB 2335, SB 2370, SB 2433, SB 2482,

SB 2329, SB 2487,

ROY GILBREATH, Chief Clerk

HOUSE CHAMBER MADAM PRESIDENT: I have the following which the House has consideration is requested on:

honor to transmit herewith the passed and your favorable

HB 1666 ROY GILBREATH, Chief Clerk

MOTIONS REP. GOETZ MOVED that the absent members be excused, which motion prevailed.

REP. GOETZ MOVED that the House be on the Fifth order of business, and at the conclusion of the Fifth order, the House stand adjourned until 12:30 p.m., Monday, March 16, 1987, which motion prevailed.

REPORTS OF STANDING COMMITTEES MR. SPEAKER: Your Committee on Agriculture to which was referred HCR 3081 has had the same under consideration and recommends by a vote of 15 YEAS, 0 NAYS, 1 ABSENT AND NOT VOTING that the same DO PASS and BE PLACED ON THE CONSENT CALENDAR.

REP. NICHOLAS, Chairman

HCR 3081 was placed on the Tenth order of business on the calendar for the succeeding legislative day.

I

Page 22: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1860 JOURNAL OF THE HOUSE

MR. SPEAKER: Your Committee on Agriculture to which was referred HCR 3085 has had the same under consideration and recommends by a vote of 15 YEAS, 0 NAYS, 1 ABSENT AND NOT VOTING that the same DO PASS and BE PLACED ON THE CONSENT CALENDAR.

REP. NICHOLAS, Chairman

HCR 3085 was placed on the Tenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Judiciary to which was referred SB 2056 has had the same under consideration and recommends by a vote of 14 YEAS, 0 NAYS, 1 ABSENT AND NOT VOTING that the same BE AMENDED AS FOLLOWS and when so amended, recommends the same DO PASS:

On page 1, delete line 28

On page 2, line 1, delete the word "uncollectible"

On page 2, line 3, delete the words "Upon motion"

On page 2, delete lines 4 through 11

And renumber the lines, sections, and pages accordingly REP. KRETSCHMAR, Ch airman

SB 2056 was placed on the Sixth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Judiciary to which was referred Engrossed SB 2064 has had the same under consideration and recommends by a vote of 10 YEAS, 4 NAYS, l ABSENT AND NOT VOTING that the same BE AMENDED AS FOLLOWS and when so amended, recommends the same DO PASS:

On page 2 of the engrossed bill, line 21, delete the word "seventy-fiv~" and insert in lieu thereof the words "one hundred fifty"

And renumber the lines, sections, and pages accordingly REP. KRETSCHMAR, Chairman

Engrossed SB 2064 was placed on the Sixth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Political Subdivisions to which was referred Engrossed SB 2088 has had the same under consideration and recommends by a vote of 9 YEAS, 0 NAYS, 6 ABSENT AND NOT VOTING that the same DO PASS.

REP. MOORE, Chairman

Engrossed SB 2088 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

Page 23: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

FRIDAY, MARCH 13, 1987 1861

MR. SPEAKER: Your Committee on Agriculture to which was referred SB 2160 has had the same under consideration and recommends by a vote of 12 YEAS, 1 NAY, 3 ABSENT AND NOT VOTING that the same DO PASS.

REP. NI CHO LAS, Chairman

SB 2160 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Judiciary to which was referred SB 2179 has had the same under consideration and recommends by a vote of 13 YEAS, 0 NAYS, 2 ABSENT AND NOT VOTING that the same DO NOT PASS.

REP. KRETSCHMAR, Chairman

SB 2179 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Natural Resources to which was referred Engrossed SB 2268 has had the same under consideration and recommends by a vote of 14 YEAS, 0 NAYS, 3 ABSENT AND NOT VOTING that the same DO PASS.

REP. A. OLSON, Chairman

Engrossed SB 2268 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Transportation to which was referred Engrossed SB 2295 has had the same under consideration and recommends by a vote of 15 YEAS, 0 NAYS, 1 ABSENT AND NOT VOTING that the same DO PASS.

REP. ANDERSON, Chairman

Engrossed SB 2295 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Transportation to which was referred Engrossed SB 2299 has had the same under consideration and recommends by a vote of 14 YEAS, 0 NAYS, 2 ABSENT AND NOT VOTING that the same DO PASS.

REP. ANDERSON, Chairman

Engrossed SB 2299 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Natural Resources to which was referred SB 2346 has had the same under consideration and recommends by a vote of 10 YEAS, 6 NAYS, 1 ABSENT AND NOT VOTING that the same DO PASS.

REP. A. OLSON, Chairman

SB 2346 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

Page 24: FRIDAY, MARCH 13, 1987 1839 Fiftieth Legislative Assembly- Fargo - Fargo - Fargo REP. WHALEN MOVED that the amendments to HB 1666 as recommended by the Committee on Industry, Business

1862 JOURNAL OF THE HOUSE

MR. SPEAKER: Your Committee on Natural Resources to which was referred SB 2400 has had the same under consideration and recommends by a vote of 9 YEAS, 7 NAYS, 1 ABSENT AND NOT VOTING that the same DO PASS.

REP. A. OLSON, Chairman

SB 2400 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Transportation to which was referred Engrossed SB 2463 has had the same under consideration and recommends by a vote of 14 YEAS, 2 NAYS, 0 ABSENT AND NOT VOTING that the same DO PASS.

REP. ANDERSON, Chairman

Engrossed SB 2463 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Judiciary to which was referred Engrossed SB 2490 has had the same under consideration and recommends by a vote of 10 YEAS, 1 NAY, 4 ABSENT AND NOT VOTING that the same BE AMENDED AS FOLLOWS and when so amended, recommends the same DO PASS:

On page 1 of the engrossed bill, line 2, after the word "custody" insert the word " support, II

On page 1 of the engrossed bill, line 6, after the word "custody" insert the word " support, "

On page 1 of the engrossed bill, line 13, after the word ''custody'' insert the word '', support,''

On page 2 of the engrossed bill, line 3, after the word "custody" insert the word ", support,"

On page 2 of "custody"

the engrossed bill, line insert the word ", support, "

15,

On page 2 of the engrossed bill, line 17, "custody" insert the word 11, support, "

after the word

after the word

And renumber the lines, sections, and pages accordingly REP. KRETSCHMAR, Chairman

Engrossed SB 2490 was placed on the Sixth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Agriculture to which was referred SB 2519 has had the same under consideration and recommends by a vote of 12 YEAS, 0 NAYS, 4 ABSENT AND NOT VOTING that the same DO NOT PASS.

REP. NICHOLAS, Chairman

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FRIDAY, MARCH 13, 1987 1863

SB 2519 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

on Political Subdivisions to which was had the same under consideration

11 YEAS, 0 NAYS, 4 ABSENT AND NOT AS FOLLOWS and when so amended,

MR. SPEAKER: Your Committee referred Engrossed SB 2526 has and recommends by a vote of VOTING that the same BE AMENDED recommends the same DO PASS:

On page 1 of the engrossed bill, line 10, delete the words " and mill levies"

And renumber the lines, sections, and pages accordingly REP. MOORE, Chairman

Engrossed SB 2526 was placed on the Sixth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Natural Resources to which was referred SB 2543 has had the same under consideration and recommends by a vote of 7 YEAS, 4 NAYS, 6 ABSENT AND NOT VOTING that the same DO PASS.

REP. A. OLSON, Chairman

SB 2543 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Natural Resources to which was referred Engrossed SCR 4041 has had the same under consideration and recommends by a vote of 8 YEAS, 5 NAYS, 4 ABSENT AND NOT VOTING that the same DO PASS.

REP. A. OLSON, Chairman

Engrossed SCR 4041 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Natural Resources to which was referred SCR 4046 has had the same under consideration and recommends by a vote of 12 YEAS, 1 NAY, 4 ABSENT AND NOT VOTING that the same DO PASS and BE PLACED ON THE CONSENT CALENDAR.

REP. A. OLSON, Chairman

SCR 4046 was placed on the Tenth order of business on the calendar for the succeeding legislative day.

MR. SPEAKER: Your Committee on Transportation to which was referred SCR 4057 has had the same under consideration and recommends by a unanimous vote that the same DO PASS and BE PLACED ON THE CONSENT CALENDAR.

REP. ANDERSON, Chairman

SCR 4057 was placed on the Tenth order of business on the calendar for the succeeding legislative day.

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1864 JOURNAL OF THE HOUSE

MR. SPEAKER: Your Committee on Natural Resources to which was referred SCR 4065 has had the same under consideration and recommends by a vote of 12 YEAS, 0 NAYS, 5 ABSENT AND NOT VOTING that the same DO PASS and BE PLACED ON THE CONSENT CALENDAR.

REP. A. OLSON, Chairman

SCR 4065 was placed on the Tenth order of business on the calendar for the succeeding legislative day.

The House stood adjourned pursuant to Representative Goetz's motion.

ROY GILBREATH, Chief Clerk