thursday, march 3, 1983 filethursday, march 3, 1983 1247 journal of the sena te forty-eighth...

THURSDAY, MARCH 3, 1983 1247

JOURNAL OF THE SENA TE

Forty-eighth Legislative Assembly

* * * * * FORTY-FIRST DAY

Bismarck, March 3, 1983 The Senate convened at 1:00 p.m., with President Sands presiding.

The prayer was offered by Rev. Marwood Rettig, North Dakota Conference of the United Church of Christ, Bismarck.

Almighty God, help us have a moment in this prayer to put out of mind all things now swirling through our br·ains so we have time with You. It is that time now for us to make decisions, so 11elp us to re1nember we live in a complex world of competing interests and where there are no simple, perfectly right decisions. Help us to realize that the guide of ethical decisions needs to be based on the needs of ou1: state, not the infinite wants which are present. Help us to grant special attention to those who have the least . . be it the poor or the po'derle.ss, aG we face decisions related to all Yot1r cl1ildren.

VJe thank You that in this ti1ne, You ha·,..re given us the avenue of prayer to l1ear 11ot t11e roar, bt1t t11e still, sm~ll

voice of Your spirit within tis. Touch us with Yot1r spirit through that voice so all that we say and do will be for the good of us all, Your creation.

\~e pray t11is is Jesus' name. ,Z\rnen.

ROLL CALL The roll was called and all Senators were present.

A quorttm was declared by the President.

REVISION AND CORRECTION OF THE JOURNAL MR. PRESIDENT: Your· Committee on Revision and Correction of the Journal has carefully examined the Journal of the Fortieth day and finds the same to be correct.

SEN. TWETEN, Chairman

SEN. DAVID MOVED that the report be adopted, prevailed.

which motion

1248 JOURNAL OF THE SENA TE

MESSAGES TO THE HOUSE SENA TE CHAMBER

MADAM SPEAKER: have the honor to return herewith the following which the Senate has failed to pass:

HB 1353 Very respectfully, LEO LE I DHOLM, Secretary

SENATE CHAMBER MADAM SPEAKER: have the honor to return herewith the following which the Senate has passed unchanged:

HB 1086, HB 1509, HCR 3002

HB 1138, HB 1552,

HB 1174, HB 1591,

HB 1209, HB 1604,

HB 1485, HB 1615,

HB 1494, HB 1672,

SENA TE CHAMBER MADAM SPEAKER: I have the following which the Senate consideration is requested on:

SB 2249

honor to has passed

SENA TE CHAMBER

Very respectfully, LEO LE I DHOLM, Secretary

transmit herewith the and your favorable

Very respectfully, LEO LE I DH OLM, Secretary

MADAM SPEAKER: have the honor to return herewith the following which the Senate has amended:

HB 1044, HB 1056, HB 1378, HB 1560 Very respectfully, LEO LEIDHOLM, Secretary

SIGNING OF BILLS AND RESOLUTIONS THE SECRETARY ANNOUNCED that the President signed the following:

HB 1048, HB 1071, HB 1190, HB 1215 LEO LEIDHOLM, Secretary

MESSAGES FROM THE HOUSE HOUSE CHAMBER

MR. PRESIDENT: have the honor to return herewith the following which the Speaker has signed:


SB 2050, SB 2097, SB 2166, SB 2231,

SB 2053, SB 2057, SB 2111, SB 2116,

SB 2183, SB 2190, SB 2236, SB 2290, SB

SB 2060, SB 2061, SB 2135, SB 2136,

SB 2202, SB 2208, 2292, SCR 4016

SB 2078, SB 2138, SB 2211,

Very respectfully, CHARLES FLEMING, Chief Clerk

HOUSE CHAMBER MR. PRESIDENT: have the honor to retun1 herewith the followi11g ~11icl1 tl1e House has passed unchanged:

SB 2048, SB 2185, SB 2482

SB 2071, SB 2222,

SB 2091, SB 2240,

SB 2107, SB 2420,

SB 211 7, SB 24-±5,

Very respectfully,

SB 2119, SB 2463,

CHARLES FLEMING, Chief Clerk

HOUSE CHAMBER MR. PRESIDENT: ha\·e the honor to transmit

and your herewith the signatu1:e is following wl1icl1 tl1e Speaker has signed

respectfully requested:

HS HS HB E3

1097, 1309, l-!09, 1-!6"1,

HB 1125, Hfl 1216, HB 1313, HB 131'!,

HS 1418, HB 1444, HB 1470, HB 1515, HB

HB 1227, HB 1231, HB 1288, HE 1381, HB 1393, EB 1403,

HB 1446, HB 1452, HB 1456, 1542, HB 1700, HB 1719


HOUSE CHAMBER MR. PRESIDENT: have the honor to following ~~1ich the Speaker has respectfully requested:

signed transmit

and your herewith the signature is

HB 1239, HS 1265, HB 1291, EB 1307, HB 1310, HB 1320, HB 1361, HB 1363, HB 1364, HB

HB 1294, HB 1301, HB 1304, HB 1321, HB 1322, HB 1340, 1377, HB 1382, HB 1690


HOUSE CHAMBER MR. PRES I DENT: have the honor to inform you that the House has concurred in the Senate amendments to HB 1002, HB 1058, HB 1114, HB 1121, BB 1129, EB 1142, HB 1188 and subseqltently passed tl1e sa1ne.

Very respectfully; CHARLES FLEMING, Chief Clerk

HOUSE CHAMBER MR. PRESIDENT: I have the honor to return herewith SB 2210 and SB 2230 which the House has amended:

SB 2210, SB 2230

1250 JOURNAL OF THE SENATE

HOUSE AMENDMENTS TO SB 2210 On page 1, line 15, delete the word "thereof" and insert in

lieu thereof the wot·ds "i�ayment of E.!:l_1!.ci al"

On page 1, line 26, delete the word "thereof" and insert in lieu thereof the wot·ds "!_!!_ ayment--of__JJrinc :i_�"

On page 2, line 9, delete the word "thereo=" and insert in lieu thereof the words "jn a�,��-L_pf i�J:pal"

On page 2, line 19, delete the word "thet·eof" and insert 111 lieu thereof the words "i��1ent �[yrincjpal"

On page 2, line 30, delete the 'o•ot·d "thereof" and insert in lieu thereo: the words "in p_a_y�1?llt of j)!·i��i_paf'

On

On

On

On

page 3, line 17, o,·et·stt·ike the words "shall be" and insert immediately thereaftet· Lhe wot·d "is"

page 3, line 18, overstt·i ke the wo1:d "such" and inset·t immediately thereaftet· the word "the"

page 3, line 28, delete the woc·ds b�1ds 11

, ovcrstt·i.ke the i.-.rords "shall 11 or imp1·0,:e:nent

consfi t�1 te B and insert im::1cdiatcly the1·caflt!r j.mp1:01.:ement b_onds cons ti tut�s"

the wo1:ds 11 or

page 4, line 1,1, delete the words "or temp_c�i:a1·y imoro'.·e111ent bonds", o,·erstrike the wo1:d "shall" and in.set·t immedi-ately thet·eafter the wot·ds " c-i:_ __J:e1,1p�ra_i,:_y !1�nr�v�.!:'1ent_b_'2.!_1_d� m�1st"

On page -±, line 15, o,·erstrike the wot·d 1

1 shall 11 and insert immediately theLeaftcr the ;.,.·ord 1\�1s_!"

On page 5, line 1, o,·erstrike the 1-1ot·ds "shall be" and ins ert immediately thereafter the word II are 11

On page 5, conpany," 11 b2.nk"

line 3, overstrike and overstrike the

the comma

wot·ds after

11 insurancethe word

�nd renwnber the lines and pages accordingly

On page 2, word

HOUSE ,',MENDMENTS TO SB 2230 line 16, after the second 1-1ot·d "each" insert the 11 initial 11

And renumber the lines accordingly Very respectfully, CHARLES FLEMING, Chief Clerk

THURSDAY, MARCH 3, 1983

MESSAGE TO THE HOUSE SENATE CHAMBER

1251

MADAM SPEAKER: have the honor to return herewith the following which the President has signed:

RB 1048, HB 1071, HB 1190, HB 1215 Very respectfully, LEO LE I DHOLM, Secretary

REPORT OF PROCEDURAL COMMITTEE MR. PRESIDENT: Your Committee on Enrollment and Engrossment

following bills respectfully report that they have examined the and find the same correctly enrolled:

SB 2153, SB 2218, SB 2252, SB 2254, SB 2256, SB 2257, SB 2263, SB 2389

SEN. FRITZE LL, Chairman

SEN. DYKSHOORN MOVED that the report be adopted, which motion prevailed.



LEO LE I DHOLM, Secretary

CONSIDERATION OF AMENDMENTS SEN. REITEN MOVED that the amendments to HB 1054 as recommended by the Committee on Industry, Business, and Labor as printed on page 1233 of the Senate Journal be adopted, which motion prevailed.

SEN. CHRISTENSEN MOVED that the amendments to HB 1208 as recommended by the Committee on Judiciary as printed on page 1234 of the Senate Journal be adopted, which motion prevailed.

SEN. LODOEN MOVED that the amendments to HB 1429 as recommended by the Committee on State and Federal Government as printed on page 1236 of the Senate Journal be adopted, and that HB 1429 be rereferred to the Committee on Appropriations, which motion prevailed.

REPORT OF PROCEDURAL COMMITTEE MR. PRESIDENT: Your procedural Committee on Delayed Bills has examined a bill relating to a two-year exemption from the oil extraction tax for newly drilled wells and has approved its introduction by a unanimous vote.

SEN. NELSON, Chairman

SEN. NELSON MOVED that the report be adopted, which motion prevailed.


FIRST READING OF SENATE BILL Sens. Bakewell, D. Meyer, Adams, Redlin introduced: (Approved by the CoMnittee on Delayed Bills) SB 2496: A BILL for an Act to provide a two-year exemption from

the oil extraction tax for newly drilled wells; to provide an expiration date; and to declare an emergency.

\'las read the first time and referred to the Committee on Finance and Taxation.

REPORTS OF STANDING COMMITTEES MR. PRESIDENT: You1· Joint Committee on Constitutional Revision to which was referred SCR 4051 has had the same under consideration and recommends that the same DO p,;ss.

SEN. WENSTROM, Chairman

SCR 4051 was placed on the Eleventh order of business on the calendar for the succeeding legislative day.

MR. PRES I DENT: Your Committee referred HB 1039 has had the l«'econnnends that the same DO p,:,ss.

on Appropriations to ,,·hich same under considc1:atj on

W?..S

and

SEN. LIPS, Chairman

HE 1039 was placed on the Fourteent!1 01·clt_:r oi lJu:.;;1 nes~ on the cale11dar for the Sltcceeding legisln~ive d~y.

MR. PRESIDENT: Your Committee on Judiciary to 1·:l11ch •,;as n>fer1·ed HB 1278 has had the same under consideration a!1d recommends that the same BE .ll,.f·IENDED AS FOLLO\,'S and ~·hen so amended, recommends the same DO PASS:

On page of the eng1·ossed bill, line l, delete the word 11 sections 11 and insert in lieu thereof the word "section 11 and delete the word "and"

On page 1 of the engrossed bill, line 2, delete the numeral "12' 1-20-05"

On page of the engrossed bill, delete lines 19 through 2Ei

On page 2 of the engrossed bill, delete lines 1 through 9

And renumber the lines, sections, and pages accordingly SEN. CHRISTENSEN, Chairman

HB 1278 was placed on the Sixth order of business on the calendar for the succeeding legislative day.

MR. PRES I DENT: Your Committee on Finance and Taxation to which was referred HB 1295 has had the same under consideration and recommends that the same BE A~IENDED AS FOLLO\'IS and when so amended, recommends the same DO PASS:


On page 1 of the engrossed bill, line l, after the words "A BILL" delete the remainder of the bill and insert in lieu theraof the following: "for an Act to create and enact a new subsection to section 57-02-08 of the North Dakota Century Code, relating to a property tax exemption for group homes, including those for persons with developmental disabilities; and to provide an effective date.

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

SECTION 1. A new subsectjon to 57-02-08 of the North Dakota Century Code is created and e11acted to read as follows:

section he1·eby

i"\11 group homes owned by nonp1·ofit corporatio11s, not organized with a view to profit and recognized as tax exempt under section 50l(c)(3) of the United States I11ter11al Revenl1e Code, including those for persons v;ith developmental disabilities, and the real prope1·ty upon which they are located during the period in which the group homes are under co11struction or in a remodeling phase a!1d V.'hile they are used as group homes. For the purposes of this subsection, the term 11 g:.:oup horne 11 means a Co!nmuni ty-based residential home which provides room and board, personal care, habilitatio11 services, and supervision in a family eI1vironment, and which, once established is licensed by the appropriate No~tl1 Dakota licensing authority.

SECTION 2. EFFECTIVE DATE. This effective for taxable years beginning after 31, 1982."

h11d re11t1n1ber tl1e li11es accordingly

Act is December

SEN. GOODMAN, Chairman


MR. PRESIDENT: "i"our referred HB 1413 has

Committee on Political Subdivisions to which was had the same under consideration and

recommet1ds tl1at the same DO PASS. SEN. HOLMBERG, Chairman

HB 1413 was placed on the Fourteenth order of business on the calendar for the succeeding legislative day.


MR. PRESIDENT: Your Committee on Education to which was referred HB 1482 has had the same under consideration and recommends that the same BE AMENDED .U.S FOLLOl'/S and when so amended, recommends the same DO PASS:

On page of the reengrossed bill, '1boards 11 insert the words " emergency 11

line 5, after the word and to declare an

On page 2 of the i·ecngrossed bill, after line 6, inse1·t the following new section:

"SECTION 4. EMERGENCY. This .'let is hereby declared to be ar1 e1nerge11cy measltre and is in effect from and afler its passage and approval."

.Z..nd renumber the lines, sections, and pages accordincJly SEN. PETERSON, Chairman

HE 1~82 was placed 011 the Sixtl1 orde1· of bttsiness O!l tl1e cale11dar for the succeeding legislative day.

MR. PRESIDENT: Your Committee on State and Federal Government to which was referred IIG 15-1:3 has had the s=ime under consideration and recommends that the sa1ne EE .u_J·lEflDED .~S FOLL01,lS 2::d when so amended, i·ecomrnends lhe same DO F . .::.ss:

On page 1 of tl1e e11grossed bi.11, after li11e 28, i11sert tl1e follov;1ng paragraph:

"All shelters must meet with the approval of local governing bodies."

.'Ind renumber the lines and pages accordingly SEN. LODOEN, Chairman


MR. PRES !DENT: Yom· referred HE 1584 has reco~nends that the CALENDAR.

Committee on Natural Resources to which was had the same under consideration and

same DO PASS and BE PLACED ON THE CONSENT

SEN. LEE, Chairman

HE 1584 was placed on the Tenth order of business on the calendar for the succeeding legislative day.

MR. PRESIDENT: Your referred HE 1606 has

Committee on Political Subdivisions to which was had the same under consideration and

recommends that the same DO PASS. SEN. HOLMBERG, Chairman



MR. PRESIDENT: Your referred HB 1650 has

Committee had the

recommends that the same DO PASS.

on Natural Resources to which was same tinder consideratio11 and

SEN. LEE, Chairman

HB 1650 ,-:as placed on t:1e Fourteenth order of business on the calendar for the succeeding legislative day.

MR. PRESIDENT: Yem· referred HB 1667 has recommends that the REcor-H,JEN:JATION.

Committee had the

same EE

on Appropriations to which was same under considercttion ar�d

PLACED ON THE CALENDAR liITHOUT

SEN. LIPS, Chairman


MR. PRESIDENT: :i:oul· Committee on Natural Resources to which was t·eferred f:B lGSG h�s had the same under consideration and i:ecornmends that the saii:.o::: DO P/1.SS.

SEN. LEE, Chairman

HS lGSG was placed on the Foul·tecnth ol·dei: of business on the cal�!1da� for tl1e �L:cceedi110 legislative day.

MR. PRESIDENT: "ioul· Committee on State and Federal Government to which \\·as referred i--!CR 3013 has had the same under conside!"ation and recommends that the same BE Ar,JENDED AS FOLLOWS and when so amended, 1·eco:,1mends the same DO PP.SS:

On page 1, line 3, delete the words "especially as they l·elate" and insert i:1 lieu thereof the words "and all otl1er l101ne and �eside11ce requirements i11 regard''

On page 1, after line 7, insert the following:

"WHEREAS, there are many apa1·tment complexes, homes, and othe1· l·esidences in North Dakota 1,hich are susceptible to damage from ton1adoes; and"

On page l, line 15, after the word "homes" insert the words 11 which ct?.:e not placed on permanent foundations or properly tied down generally"

On page l, line 18, delete the word "mobile" and insert in lieu thel·eof the word "all"

On page 1, line 21, delete the words "are rarely" and insert 111 lieu thereof the words "should be"


On page 1, line 22, delete the words "and even if mobile homes are properly tied down," and insert in lieu thereof the words "to protect mobile homes from"

On page l, line 23, delete the wo1·ds "still cause seve1·e damage"

On page 1, line 24, delete the ,,ords "notwithstanding the fact that mobile homes may be"

On page l, line 25, delete the words "tied dO\m," delete the word "the", and delete the words 11 create a"

On page 1, line 26, delete the wo1·ds "domino effect when the homes are thrown into other mobile homes" and insert in lieu theL·eof the word "buildings"

On page l, line 27, delete the words "a mobile"

On page 1, line 28, delete the ,:ords "home couL·t since" and afte1· the wo1·d "ton,adoes" inse1·t the words "since they"

On page 2, line 1, delete the l•.'onls "mobile home cout·t" and after the wo1·d "streets" insert the wol'ds 11 us�d in high density residential areas, such as mobile home courts and apat·tment cotnJ:)le::es, "

On page 2, line 7, delete the \./01·ds "especially as" and inseL·t in lieu thereof the words "and all other home and residence requirements in regard"

On page 2, line 8, delete the words "they relate"

And renumber the lines and pages accordingly SEN. LODOEN, Chair·man

HCR 3018 was placed on the Sixth oL·der of business en the calendar for the succeeding legislative day.

MR. PRESIDENT: Your Committee on Political Subdivisions to which was referred HCR 3041 has had the same under consideration and reco�nends that the same DO PASS.

SEN. HOLMBERG, Chair-man

HCR 3041 was placed on the FouL·teenth order of business on the calendar for the succeeding legislative day.

SECOND READING OF A SENATE CONCURRENT RESOLUTION SCR 4052: A concurrent resolution urging the United States

Commissioner of Customs to keep the United States Customs Service station at Dunseith, North Dakota, open 24 hours a day.

THURSDAY, MARCH 3, 1983

Which has been read.

The question being on the final adoption of the resolution.

SCR -!052 was declared adopted on a voice vote.

MOTION

1257

SEN. NETH ING MOVED that the vote by which SCR 4052 passed be reconsidered and the motion to reconsider be laid on t.he table, which motion preva:led.

MESSAGE TO THE HOUSE SENATE CHAMBER

MADAM SPEAKER: have the following •�ich the Senate consideration is requ�ct�d on:

SCR -!052

honor to has passed

transmit and your

herewith the favo1·able

Very respectfully, LEO LEIDHOLM, Secl'etary

SEN. D. MEYER l\10VED that wl1�1·eby HB 1��5 was p��ed,

MOTIONS tl1e Se11ate reco11sider

which motion prevailed. the action

SEN. LIPS MOVED that 'i,' 1-!-!5 be laid over ts;o legislative days, wl1icl1 �otio11 prevailed.

APPOINTMENTS OF CONFERENCE COMMITTEES SEN. LODOEN MOVED that the President appoint a committee of three to act: 1,1 th a like committee from the House as a Conference Committee on HS 10-,9, ,·:lush motion prevailed.

THE PRESIDENT APPOINTED as a Conference Committee on HB 1049:

Sens. Dykshoon1, David, D. !•,eyer

SEN. CHRISTENSEN MOVED that the President appoint a committee of three to act \,·i th a like commi tlee from the House as a Conference Com�tittee on fiB 1130, ,,hich motion prevailed.

THE PRESIDENT APPOINTED as a Conference Committee on HB 1130:

Sens. Christensen, Stenehjem, Lashkos;itz

SECOND READING OF HOUSE CONCURRENT RESOLUTIONS HCR 3009: A concu1Tent resolution di1·ecting the Legislative

Council to conduct a study of the structure and administration of counsel services for indigent defendants and prosecution witness fees.




HCR 3009 was declared adopted on a voice vote.

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HCR 3023: A concurrent resolution directing a Legislative Council study of the insanity defense.



HCR 3023 was declared adopted on a voice vote.

HCR 3042: A concur1·ent resolutio:i directing the Legislative Council to study the feasibility a1:d desi1·ability of providing for the manufacture by Roughrider Industries of equipment to be used in conducting games of chance.



HCR 3042 was declared adopted on a division vote.

REPORTS OF PROCEDURAL COMMITTEE MR. PRESIDENT: Your Committee on Enrollment and Engrossment respectfully report chat the following bill was delivered to the Secretary of State for his filing at the hour of 1:21 p.m., March 3, 1983:

SCR 4016 SEN. FRITZELL, Chairman

SEN. KRAUTER pi·evai led.

MOVED that the report be adopted, which motion

MR. PRESIDENT: Your respectfully report that the Governor· for 1:29 p.m., March 3, 1983:

SB 2050, SB 2053, SB 2097, SB 2111, SB 2166, SB 2183,

Committee on Enrollment and Engrossment the following bills were delivered to

his approval at the hour of

SB 2057, SB 2060, SB 2061, SB 2078, SB 2116, SB 2135, SB 2136, SB 2138,


SEN. FRITZELL, Chairman


SEN. KRAUTER prevailed.

MOVED that the repol·t be adopted, which motion

MOTIONS SEN. LIPS MOVED that HB 1003 be laid over four leg.:.slative days, which motion prevailed.

SEN. STENEHJEM MOVED that HB 1385 be laid over three legislative days, which motion prevailed.

SEN. SATROM MOVED that HB l.J,48 be laid over one legislative day, which motion lost.

SECOND READING OF HOUSE BILLS HB 1128: A BILL for an Act to amend and l·eenact subsection 13 of

section 15-10-17, sub,;ection 1 of section 54-14-04.3, and section 5.J,-52. 1-03 of the North Dakota Century Code, relating to contributions toward the cost of annuity contracts, sevenmce pay upon l·e tirement of tenul·ed faculty employees at state institutions, and payment of group insu1:ance µrumium for tenured faculty employees of state i:istilution:o of highel· learning.

\/hich has lJ2en reE:d.

ROLL CALL =11= question beiniJ on lhe final passage of the bill, the roll was called and Lhel·e '··-'·�l·e 51 YE.',S, 0 Ni·GS, 2 1\BSE>IT AND NOT VOTING.

YEAS: .',dam,;; Bakewell; Ben1be; Christensen; David; Dotzenrod; D:;kshoorn; Erick son; Fri tzel 1; Goodn-.an; Gl·otberg; Heigaa1·d; Miller Heinrich; Hilken; Holmberg; Kilancier; Kraater; l�usler; Lashk0111tz; Lee; Leibhan; L:ps; Lodoen; Maixner; Matchie; Meyer, D.; Meyer, J.; i-:Oore; �L!Lch; Naaden; Nelson; Nething; Olson; Parker; Petersen; Redlin; Reiten; Stenehjem; Stl·eibel; Stronune; Tallacksen; Tennefos; Thane; Todd; Tweten; Vosper; l'/2.lde1·a; \·/alsh; l'lenstrom; vlogsland; Wright

NAYS: None

AElSENT AND NOT VOTING: Barth; Satrom

HB 1128 passed and the title was agreed to.

�}. AAklcJ.AJ...l.:A AAJ.

HB 1151: A BILL fol· an Act to create and enact a new subdivision to subsection 1 of section 19-03.1-36 and a new subsection to section 19-03.1-36 of the North Dakota Century Code, relating to pr operty traceable to controlled substances whi ch is subject to forfeiture and to the presumption that property in close proximity to controlled substances are forfeitable.



ROLL CALL The question being on the final passage of the bill as amended, the roll was called and there were 52 YEAS, 0 NAYS, 1 ABSENT AND NOT VOTING.

YEAS: Adams; Bakewell; Barth; Berube; Christensen; David; Dotzenrod; Dykshoorn; Erickson; Fritzell; Goodman; Grotberg; Heigaard; Miller Heinrich; Hilken; Holmberg; Kilander; Krauter; Kusler; Lashko1-1itz; Lee; Leibhan; Lips; Lodoen; Maixner; Matchie; Meyer, D.; Meyer, J.; Moore; �lutch; Naaden; Nelson; Nething; Olson; Parker; Peterson; Reiten; Satrom; Stenehjem; Streibel; Stromme; Tallackson; Tennefos; Thane; Todd; Tweten; Vospet·; Waldera; Walsh; Wenstrom; Wogsland; Wright

NAYS: None

ABSENT AND NOT VOTING: Redlin


-J:-k-!rl,dd,:AJ. A A}. J. J..J.A.l....�-Jdt:

HB 1153: A BILL for an Act to amend and reenact section 27-07.1-02 of the North Dakota Century Code, relating to multicounty agreements to share the services of a county judge.


ROLL CALL The question being on the final passage of the bill, the roll was called and there wet·e 52 YEAS, 1 NAY, 0 ABSENT AND NOT VOTING.

YEAS: Adams; Bakewell; Barth; Berube; Christensen; David; Dotzent·od; Dykshoorn; Erickson; Fritzell; Goodman; Grotberg; Heigaard; Miller Heinrich; Hilken; Holmberg; Kilander; Krauter; Kusler; Lee; Leibhan; Lips; Lodoen; Maixner; Matchie; Meyer, D.; Meyer, J.; Moore; Mutch; Naaden; Nelson; Nething; Olson; Parker; Peterson; Redlin; Rei ten; Satrom; Stenehjem; Streibel; Stromme; Tallackson; Tennefos; Thane; Todd; Tweten; Vospet·; Waldera; Walsh; 1-lenstrom; Wogsland; Wright

NAYS: Lashkowi tz

ABSENT AND NOT VOTING: None


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


HB 1200: A BILL for an Act to amend and reenact subsection 3 of section 57-51.1-01 of the North Dakota Century Code, relating to the definition of property for extraction tax purposes.


ROLL CALL The question being on the final passage of the bill, the roll was called and there we1·e 52 YE_!,S, 0 NAYS, 1 ABSENT AND NOT VOTING.

YEAS: Adams; Bakewell; Barth; Be,·ube; Christensen; David; Dotzenrod; Dykshoorn; Erickson; Fritzell; Goodman; Grotberg; Heigaa1·d; Miller Heinrich; Hilken; Holmberg; Kilander; J.:1·auter; Kusle1·; Lashkowitz; Lee; Leibhan; Lips; Lodoen; Maixner; Matchie; Neyer, D.; Meyer, J.; Moo1·e; Mutch; Naaden; Nelson; Nething; Olson; Parke1·; Peterson; Reiten; Satrom; Stenehjem; Streibel; Stromme; Tallacksen; Tennefos; Thane; Todd; T1-:eten; Vosper; Waldcra; Walsh; Wenstrom; Wogsland; Wright

NAYS: None

ABSENT AND NOT VOTING: Redlin


>..I.A J.. A A ,I; A A .1�:1rlr:'k-k

HB 1203: A BILL for an Act to amend and reenact subsection l of section 38-08-08 of the North Dakota Century Code, relating to pooling of unleased mineral interest owners.

l•lhich has been read.

ROLL CALL The question being on the final passage of the bill as amended, the 1·011 was called and there we1·e 51 YEAS, 0 NAYS, 2 ABSENT AND NOT VOTING.

YEAS: Adams; Ea,:e·,:ell; Barth; Berube; Christensen; David; Dotzenrod; Dy}:sl:oorn; Erickson; F1·i tzell; G1·otberg; Heigaa1·d; f•iille1· Heinric:1; Hilken; Holmberg; J.:ilander; Kraute1·; Kusle1·; Lashkowitz; Lee; Leibhan; Lips; Lodoen; Maix!let·; Matchie; f•leyer, D.; Meyer, J.; Moore; Mutch; Naaden; Nelson; Nething; Olson; Parker; Peterson; Reiten; Satrom; Stenehjem; Streibel; Stro�ne; Tallacksen; Tennefos; Thane; Todd; Tweten; Vosper; Waldera; \·/al sh; Wenst1·om; \'logs land; �lri gh t

NAYS: None

ABSENT AND NOT VOTING: Goodman; Redlin



HB 1222: A SILL fo1· an Act to amend and reenact section 6 of chapter 208 of the 1979 Session Laws of North Dakota, relating to the sale of the Dickinson experiment station p1·operty by the s tate board of highe1· education; and to declare an emer(Jency.

��ich has bee� read.

ROLL CALL The question being on the final passage of the bill, lhe called and the1·c were 41 YEAS, 11 NAYS, 1 ABSEMT AND NOT

t·o 11 was VOTING.

YEAS: Adams; Bakewell; Ba1·th; Berube; Christense11; David; Dot::en1·od; Dykshoorn; E1·ickso:1; F1·itzell; Goodn:an; Gt·otbet·g; Holmberg; Kilandet·; Kusle1·; Lee; Lips; Lodoen; Neyer, D.; Neyer, J.; Moore; Mutch; Maaden; :lelson; Nething; Olson; Pad:et·; Fet<et·son; Kciten; Stenehjea,; Stt·e1b-=l; Stt·omme; Tallackson; Te,:nefos; Thane; Todd; T·.veten; Vospez-i \laldera; \lenstrom; \}right

NAYS: rieigaat·d; r-iiller Hcint·ich; Hilk,.,1; K1·aule1·; Las!:!-.:o·.�·it.:�; Leibhc.n; I•iaj:<n�r; Matchiei Redlin; \l�lsh; \-lo.;isla:1d

ABSENT AND NOT VOTING: Sat1·0:n

HB 1222 passed, the t:ille 1-:as agreed to, and the emergency clause carL·ied.

HB 1282: ;.. BILL fo1· a:1 .0.ct to amend and 1·-�enact section 57-52-04 o: the No1·th Dakota Ce11t·.1ry Code, or in the alternative if ,-,.:,use Bill No. 1072 is approved by the forty-eighth !eg1slati\·e asse11:bly, section 57-43.2-02 of the North D&kota Cen�ury Code, to p�ovide a four cent per gallon tax 1·,�d"ct.1on on diesel fuel blended with recovered oil fo1· the 1 ·83-S5 bien:1iun.

Wl1icl1 �1£5 bee11 read.

ROLL CALL The qu-e.- '.ion being on Lhe final passage of the bill, the roll was called nnd �here were 52 YE�S, 1 NAY, 0 ABSENT AND NOT VOTING.

YEAS: Adams; Bakewel 1; Ba1·th; Berube; Christensen; David; Dotzenrod; Dykshoorn; E1·ickson; Fri tzel 1; Goodman; G�otberg; Heigaard; Miller Heinrich; Hilken; Holmberg; Kilande1·; Krauter; Kusler; Lashkowitz; Lee; Leibhan; Lips; Lodoen; �laixner; Matchie; Meyer, D.; Meyer, J.;


Moore; Naaden; Nelson; Nething; Olson; Parker; Peterson; Redlin; Reiten; Satrom; Stenehjem; Streibel; Stromme; Tallacksen; Tennefos; Thane; Todd; Tweten; Vosper; Waldera; Walsh; Wenstrom; Wogsland; Wright

NAYS: Mutch


HS 1282 passed and the title was agreed to.

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HB 1286: A SILL for an Act to amend and reenact section 15-39.1-24 of the North Dakota Centu�y Code, relating to when a teacher is entitled to additional credit for military set·vice in the teachers' retirement fund.

Which has been t·ead and has committee recommendation of DO MOT PASS.

ROLL CALL The question being on the final passage of the bi 11, the ro 11 was called and there were 15 YEAS, 37 NAYS, 1 hSSENT AND NOT VOTING.

YEAS: Eat·th; Fri tzel 1; Goodman; Heigaard; Hi 1 ken; Hol1nberg; �rat1ter; �lais11er; �latchie; Meyer, J.; Satroin; Stenehjem; Tallacksen; Waldera; Walsh

NAYS: Adams; Bake,,ell; Berube; Cht·istensen; Davie; Dotzent·od; Dykshoot·n; Erickson; Grotberg; Miller Heinrich; Kilander; Kusler; Lashkowitz; Lee; Leibhan; Lips; Lodoen; Meyer, D.; Moore; Mutch; Naaden; Nelson; Nething; Olson; Parker; Peterson; Redlin; Reiten; Streibel; Stromme; Tennefos; Thane; Todd; Tweten; Vosper; Wogsland; Wright

ABSENT AND NOT VOTING: Wenstrom

HS 1286 was declared lost.

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HB 1293: A SILL for an Act to amend and t·eenact sections 12.1-30-01, 12.1-30-02, and 12.1-30-03 of the North Dakota Century Code, relating to operation of certain businesses on certain holidays.

Which has been 1·ead and has committee recommendation of DO NOT PASS.


ROLL CALL The question being on the final passage of the bill, the roll was called and there were 3 YEAS, 50 NAYS, 0 ABSENT AND NOT VOTING.

YEAS: Hilken; Maixner; Matchie

NAYS: Adams; Bakewell; Barth; Be1·ube; Christensen; David; Dotzenrod; Dykshoorn; Erickson; F1·i tzel 1; Goodman; Grotberg; Heigaard; Miller Heinrich; Holmberg; Kilander; Krauter; Kusler; Lashkowitz; Lee; Leibhan; Lips; Lodoen; Meyer, D.; Meyer, J.; Moore; Mutch; Naaden; Nelson; Nething; Olson; Parker; Peterson; Redlin; Reiten; Satrom; Stenehjem; Streibel; Stromme; Tallacksen; Tennefos; Thane; Todd; Tweten; Vosper; Waldera; Walsh; Wenstrom; Wogsland; Wright


HB 1293 was declared lost.

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HS 1350: A BILL for an .i>,ct to amend and reenact subsection 1 of section 57-39.2-02.l and subsection 22 of section 57-39.2-04 of the North Dakota Century Code, relating to sales tax exemptions for hotel or motel room and tottrist court accommodations.

llhich has been read.


YEAS: Adams; Bakewell; Barth; Berube; Christensen; David; Dotzenrod; Dyksl10orn; Erickson; Fri tzell; Goodman; Grotberg; Heigaard; Miller Heinrich; Hilken; Holmberg; l(i lander; Krauter; Kusler; Lashkowi tz; Lee; Leibhan; Lips; Lodoen; Maixner; Matchie; Meyer, D.; Meyer, J.; Moore; Mutch; Naaden; Nething; Olson; Parker; Peterson; Reiten; Satrom.; Stenehjem; Streibel; Stromme; Tallacksen; Tennefos; Thane; Todd; Tweten; Vosper; Waldera; Walsh; Wenstrom; Wogsland; Wright

NAYS: None

ABSENT AND NOT VOTING: Nelson; Redlin


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HB 1383: A BILL for an Act to create and enact a new section to chapter 16.1-06 of the North Dakota Century Code, relating


to the use of electronic counting machines; and to amend and reenact sections 16.1-06-04, 16.1-13-23, 16.1-15-08, 16.1-15-09, and 16.1-15-10 of the North Dakota Century Code, relating to the form and handling of the ballot and the canvassing of votes.



YEAS: Adams; Bakewell; Barth; Berube; Christensen; David; Dotzenrod; Dykshoorn; Erickso11; Fritzell; Goodman; Heigaard; Miller Heinrich; Hilken; Holmberg; Kilander; 1-:r2,uter; Kusler; Lashkowitz; Lee; Leibhan; Lips; Lodoen; ~Iaixner; Matcl1ie; ~Ieyer, D.; ~ieyer, J.; Moore; Hutch; Naaden; Nelson; Nething; Olson; Parker; Peterso:1; Redlin; Reiten; Satrom; Ste11el1jem; Streibel; Stron1me; Tallackso:1; Te11~efos; Thane; Todd; Twete11; Vosper; \"lalde1·a; \ia.lsh; Uei:strom; \'logsland; Viri9ht

NAYS: No1:e

ABSENT AND NOT VOTING: C:1·otberg

ES 1363 passed a:1d tl1e ti~le ~as agreed to.

A A J, J: J: A ,i, AA J;J.A*******

HB 1419: A BILL for an Act to create and enact a new section to chapter 57-51 of the North Dakota Century Code, relating to t11e taxatio!1 of oil recovered from tank botto1ns, pit oil, a:1d :33lt \~·atcr.

v;11icl1 l1as be211 read.

ROLL CALL The q\.1estion being 011 t~1e final passage of the bill, the roll was called and there were 52 YEAS, 0 NAYS, 1 ABSENT AND NOT VOTING.

YEAS: Adams; Bakewell; Barth; Berube; Christensen; David; Dotzenrod; Dykshoorn; Erickson; Fritzell; Goodman; Heigaard; ~iller Heinrich; Hilken; Holmberg; Kilander; I~rauter; ~usler; La.shkowitz; Lee; Leibhan; Lips; Lodoe11; Maix11er; ~Iatcl1ie; Meyer, D.; Meyer, J.; Moore; N~tch; Naaden; Nelson; Ne thing; Olson; Parker Peterson; Redlin; Reiten; Satrom; Stenehjem; Streibel Stromme; Tallacksen; Tennefos; Thane; Todd; Tweten Vosper; Waldera; Walsh; Wenstrom; Wogsland; Wright

NAYS: None

ABSENT AND NOT VOTING: Grotberg



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HB 1424: A BILL for an Act to create and enact a new subsection to section 57-39.2-04 and a new subsection to section 57-40.2-04 of the North Dakota Centln·y Code, relating to exemption of receipts from sales of gold and silver bullion from the sales and use tax.

~n1ich has been read.


YEAS: Adams; Bakewell; Barth; Berube; Christensen; David; Dotzenrod; Dykshoor11; Goodman; Holmberg; Kila11der; Krauter; Kusler; Lee; Lips; Meyer, D.; Mutcl1; Olson; Peterson; Tennefos; Todd; Vosper; Wright

NAYS: Erickson; Fritzell; Grotberg; Eeigaard; Miller Heinrich; Hilken; Lashkowitz; Leib~1an; Lodoen; Maixner; ~latcl1ie; N~ye1~, J.; Gloore; Naaden; tlelson; Ne thing; Pa.rker; Redlin; Rei ten; Satrorn; Sten~hj em; Streibel; Stromme; Tallackso11; Twete11; Waldera; Walsl1; Wenstrom; Wogsland

ABSENT AND NOT VOTING: Thane

HB 1424 was declared lost.

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MOTIONS SEN. NETHING MOVED that HB 1448 be placed at the foot of the cale11dar, w}1ich motion prevailed.

SEN. CHRISTENSEN MOVED that HB 1547 be laid over one legislative day, which motion prevailed.

SECOND READING OF HOUSE BILLS HB 1530: A BILL for an Act making an appropriation for defraying

the expense of the purchase of certain land for agricultural research purposes by the main experiment station of North Dakota state university and by the Carrington experiment station; and declaring an emergency.



ROLL CALL The question being on the final passage of the bill as amended, the roll was called and thet·e 1-1ere 53 YEAS, 0 N.'\YS, 0 ABSENT AND NOT VOTING.

YEAS: Adams; Bake1-1ell; Barth; Berube; Christensen; David; Dotzenrod; Dykshoorn; Erickson; Fri tzell; Goodman; Grotberg; Heignard; Miller Heinrich; Hilken; Holmberg; Kilander; t:.rauter; r:.usler; Lashkowitz; Lee; Leibhan; Lips; Lodoen; Maix11er; ~Iatcl1ie; ~leyer, D.; Meyer, J.; I1loo1··2:; Mutcl1; Na.a.den; Nelson; Nethinq; Olson; Parker; Peterson; Redlir1; Reite11; Satrorn; Stene11jem; Streibel; Stromme; Tallacksen; Tennefos; Thane; Todd; Tv:eten; Vosper; \·;21dera; \-lalsh; \lenstrom; \logsland; \·)right

NAYS: None

ABSENT AND NOT VOTING: No:ce

EB 1530 passed, the title was ac_;reed to and the emer0ency clause cc:1·ried.

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HG 1531: ~ EILL f:Jr a11 ~ct to Litility c0rpo~atio11 to

provide for creatio11 of a citize11s rc·!1res 12nt rf'sidential and ~~;rnn.11

public utilities matte~s; and to b·,Jsi_ne2-2 consi.\r:,ers ::..n pro\-id~ n pe:1alty.

\.'hi ch has been read c.nd has committee recommendation of DO NOT P.'ISS.

ROLL CALL 'i'he que::;tion be1n·.J on the final passage of the bill, the roll was called c.!ld t:her·~ ·,.;ei·e lti YL\S, 37 N.'\YS, 0 ABSENT .i\ND NOT VOTING.

YEAS: 5en1be; Dot::enrod; Eeigaard; f.Jiller Heinrich; H1l~2?1; Holi~berg; KraLrter; Kusler; Lashkowitz; f1aix11er; I·;atchie; I·;eyer, D.; r·:eyer, J.; Redlin; \"/aldera; \"ior;_r 3 l a:1d

NAYS: .;d21r.s; Bakewel 1; Barth; Christensen; David; Dykshoo1:n; Erickson; Fritzell; Goodman; Grotberg; Kilander; Lee; Leibhan; Lips; Lodoen; f·loore; Mutch; Naaden; Nelson; Nething; Olson; Parker; Peterson; Rei:Cen; Sat:·om; Stenehjem; Streibel; Stromme; Tallacksen; Tennefos; Thane; Todd; Tweten; Vosper; Walsh; Wenstrom; Wright


HE 1531 was declared lost.

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HB 1553: A BILL for an Act to amend and reenact sections 16.1-01-07, 16.1-0-±-03, 16.1-06-16, 16.1-11-06, 16.1-11-11, 16.1-11-17, 16.1-11-18, 16.1-11-19, 16.1-11-20, 16.1-12-04, 16.1-12-05, 16.1-12-07' 16.1-12-09, 16.1-13-03, 16.1-15-17' 16.1-15-22, and 16.1-15-35 of the North Dakota Century Code if House Bill No. 11-±8 is approved by the forty-eighth legislative assembly, relating to filing deadlines for elections.

\'lhich has been read and has committee r<Ccommendation of DO ~JOT p;\SS.


YEAS: None

NAYS: Adams; Bakewell; Barth; Berube; Christensen; David; Dotzenroci; Dykshoorn; Erickson; Fritzell; Goodman; Grotberg; Heigaard; Miller Hei11rich; Hilken; Holmberg; Kilander; Krauter; Kt1sler; Lashkowitz; Lee; Leibhan; Lips; Lodoen; Maix11er; Matchie; Meyer, D.; Meyer, J.; ~I~ore; Glutc!1; Naaden; ~lelson; Nethi11g; Olso11; Parker; Peterson; Redli11; Reiten; Satrom; Stenehjem; Streibel; St1·omme; Tallacl-:3011; Tennefos; Thane; Todd; T\·leten; Vosper; \ialdera; V.'alsh; lle:1strom; 1-/ogsland; \·/right


HS 1553 was declared lost.

HB 1583: A BILL for an /'.ct to provide for standard policy provisions t11rough life and health insurance.

\'lhich has been read.

ROLL CALL The question being on the final passage of the bill as amended, the roll was called and there were 53 YEAS, 0 NAYS, 0 ABSENT AND NOT VOTING.

YEAS: Adams; Bakewell; Barth; Berube; Christensen; David; Dot::enrod; Dykshoorn; E1·ickson; F1·itzell; Goodman; Grotberg; Heigaard; Miller Heinrich; Hilken; Holmberg; Kilander; Krauter; Kusler; Lashkowitz; Lee; Leibhan; Lips; Lodoen; Maixner; Matchie; Meyer, D.; Meyer, J.; Moore; Mutch; Naaden; Nelson; Nething; Olson; Parker; Peterson; Redlin; Reiten; Satrom; Stenehjem; Streibel; Stromme; Tallacksen; Tennefos; Thane; Todd; Tweten; Vosper; Waldera; Walsh; Wenstrom; Wogsland; Wright


NAYS: None


HB 1583 passed and the title was declared to.

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MOTION SEN. HEIGAARD MOVED that HB 1716 be laid over one legislative day, which motion prevailed.

SECOND READING OF A HOUSE BILL HB 1722: A BILL for an Act authorizing the state board of higher

eJucation to accept a multipurpose regional facility for the operation and maintenance of the multipurpose regional facility at Dickinson state college.

\)hich has been read.

ROLL CALL The question being on the final passage of the bill, the roll was called a;,d the1:e were 52 YE.".S, 1 N.'l.Y, 0 .'.BSENT AND NOT VOTING.

YEAS: Adams; Bakewell; Barth; Berube; Christensen; David; Dotzenrod; Dykshoorn; Erickson; Fritzell; Goodman; Grotberg; Heigaard; Miller Heinrich; Hilken; Holmberg; Kilander; Krauter; Kusler; Lashkowitz; Lee; Leibl1an; Lips; Lodoen; J\Iaixner; Matc!1ie; Meyer, D.; Meyer, J.; Mutch; Naaden; Nelson; Nething; Olson; Parker; Peterson; Redlin; Reiten; Satrom; Stenehjem; Streibel; St1·omme; Tallackson; Tennefos; Thane; Todd; Tweten; Vosper; Waldera; Walsh; Wenstrom; Wogsland; Wright

NAYS: ~ioore



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

PRESENTATION OF PETITIONS AND COMMUNICATIONS

Allen I. Olson Governor

The Honorable Ernest M. Sands President of the Senate Senate Chambers State Capitol Bismarck, North Dakota 58505

March 3, 1983


Dear Mr. President: This is to inform you that on March 3, 1983, I signed the following:

SB 2143, SB 2132.

Since1-ely,

ALLEN I . OLSON Governor


HB 1097, HB 1125, HB 1216, HB 1227' HB 1231, HB ns0, HB 1309, HB 1313, HB 13H, HB 1381, HB 1393, HB 1403, HB 1-±09, HB 1-±18, HB 1444, HB 1-.±46, HB H52, HB 1456, HE 146-±, nB 1470, EB 1515, HB 15-!2. HB 1700, HB 1719

LEO LEIDHOLM, Secretary

SIGNING OF BILLS AND RESOLUTIONS THE SECRETARY ANNOUNCED that tlw Preside!1t si9n2d the following:

nS 1239, EB 1307, HE 1361,

!--:E 1265, HB 1291, HB 1310, HB 1320,

HE 1363, nB 136~, HB

HB 1294, HE 1301, HB 1304, HB 1321, HB 1322, HB 1340, 1377, HB 1382, HE 1690

LEO LEIDHOLM, Secretary

MESSAGES TO THE HOUSE SENA TE CHAMBER

MADAM SPEAKER: have the honor to inform you that the Pres~dent 11as appointed as conference committees to act with like co~~ittees from the House on:

HE 1049: Sens. Dykshoorn, David, D. Meyer

HE 1130: Se11s. Cl1ristense11, Ste!1el1jem, Lasl1kowitz

MADAM SPEAKER: SENA TE CHAMBER

Very respectfully, LEO·LEIDHOLM, Secretary

have t~e honor to return herewith the iollowi11g ~11icl1 tl1e President 11as signed:

H3 1097, HE 1125, HE 1309, HB 1313. H3 l-!09, HB Hl8, HB 1464, HB 1470, HE

HE 1216, HE 1314,

HB 1444, 1515, HB

HB 1227, HB 1231, HB 1288, HB 1381, HE 1393, HE 1403,

HB 1446, HB 1452, HE 1456, 1542, HE 1700, HB 1719

Very respectfully, LEO LEIDHOLM, Secretary


SENA TE CHAMBER MADAM SPEAKER: have the honor to return herewith the following which the President has signed:

HB 1239, HB 1265, HB 1291, HB 1294, HB 1301, HB 1304, HB 1307, HB 1310, HB 1320, HB 1321, HB 1322, HB 1340, HB 1361, HB 1363, HB 1364, HB 1377, HB 1382, HB 1690


SENA TE CHAMBER MADAM SPEAKER: have the honor to transmit herewith the following V.'hich the President has signed and your signature is

respectfully requested:



MOTION SEN. NETHING MOVED that afte1· the i·eading of SCR .:J-051, HE 1039, HB 1054, HB 1055, HS 1208, HB 1-±13, HB 1+48, BB 1547, W> 158-±, HE 1606, HE 1650, HE 1667, HB 1586, HB 1716, and HCR 30.:J-l, the Se11ate adjottrn a11d co11ve11e at 12:30 p.1n., Friday, Glarcl1 4, 1983, wl1icl1 1notio11 prevailed.

LEO LEIDHOLM, Secretar·y

thursday, march 3, 1983 filethursday, march 3, 1983 1247 journal of the sena te forty-eighth...

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