House of Rep Daily Journal
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Page 1945 73rd DAY MONDAY, APRIL 26, 2021 1945 JOURNAL OF THE HOUSE Sixty-seventh Legislative Assembly * * * * * Bismarck, April 26, 2021 The House convened at 8:00 a.m., with Speaker K. Koppelman presiding. The prayer was offered by Rep. Lefor, District 37. The roll was called and all members were present except Representatives B. Anderson, Guggisberg, and Ostlie. A quorum was declared by the Speaker. APPOINTMENT OF CONFERENCE COMMITTEE REP. LOUSER MOVED that the Speaker appoint a new committee of three to act with a like committee from the Senate as a Conference Committee on Engrossed HB 1465, which motion prevailed. THE SPEAKER APPOINTED as a new Conference Committee on: Engrossed HB 1465: Reps. Westlind, Beltz, Devlin MOTION REP. LOUSER MOVED that Rep. Vigesaa replace Rep. Bellew on the Conference Committee on HB 1004, which motion prevailed on a voice vote. APPOINTMENT OF CONFERENCE COMMITTEE REP. LOUSER MOVED that the Speaker appoint a committee of three to act with a like committee from the Senate as a Conference Committee on Engrossed SB 2018 and Engrossed SB 2046, which motion prevailed. THE SPEAKER APPOINTED as a Conference Committee on: Engrossed SB 2018: Reps. Nathe, Martinson, Boe Engrossed SB 2046: Reps. Kasper, Louser, Steiner CONSIDERATION OF MESSAGES FROM THE SENATE REP. DELZER MOVED that the House do not concur in the Senate amendments to Engrossed HB 1015 as printed on HJ pages 1866-1883 and in the Senate amendments to HB 1395 as printed on HJ pages 1810-1814 and that a conference committee be appointed to meet with a like committee from the Senate on each of these measures, which motion prevailed on a voice vote. APPOINTMENT OF CONFERENCE COMMITTEES THE SPEAKER APPOINTED as a Conference Committee on: Engrossed HB 1015: Reps. Delzer, Pollert, Boschee. HB 1395: Reps. Delzer, Pollert, Boschee. CONSIDERATION OF CONFERENCE COMMITTEE REPORT REP. BELTZ MOVED that the conference committee report on Engrossed SB 2161 as printed on HJ page 1845 be adopted, which motion prevailed on a voice vote. Engrossed SB 2161, as amended, was placed on the Fourteenth order of business. SECOND READING OF SENATE BILL SB 2161: A BILL for an Act to create and enact a new section to chapter 50-06 of the North Dakota Century Code, relating to a mental health program registry; to provide for a legislative management study; and to declare an emergency. ROLL CALL Page 1946 1946 JOURNAL OF THE HOUSE 73rd DAY The question being on the final passage of the amended bill, which has been read, the roll was called and there were 85 YEAS, 6 NAYS, 0 EXCUSED, 3 ABSENT AND NOT VOTING. YEAS: Adams; Anderson, D.; Anderson, P.; Becker; Beltz; Boe; Bosch; Boschee; Brandenburg; Buffalo; Cory; Damschen; Delzer; Devlin; Dobervich; Dockter; Ertelt; Fegley; Fisher; Hager; Hagert; Hanson; Hatlestad; Hauck; Headland; Heinert; Howe; Ista; Johnson, D.; Johnson, M.; Jones; Kading; Karls; Kasper; Keiser; Kempenich; Kiefert; Klemin; Koppelman, B.; Kreidt; Lefor; Longmuir; Louser; Marschall; Martinson; Meier; Mitskog; Mock; Monson; Nathe; Nehring; Nelson, J.; Nelson, M.; O'Brien; Owens; Paulson; Paur; Pollert; Porter; Pyle; Richter; Roers Jones; Rohr; Ruby, M.; Sanford; Satrom; Schauer; Schmidt; Schneider; Schobinger; Schreiber- Beck; Skroch; Steiner; Stemen; Strinden; Thomas; Toman; Trottier; Tveit; Vetter; Vigesaa; Weisz; Westlind; Zubke; Speaker Koppelman, K. NAYS: Bellew; Christensen; Hoverson; Magrum; Ruby, D.; Schatz ABSENT AND NOT VOTING: Anderson, B.; Guggisberg; Ostlie Engrossed SB 2161, as amended, passed and the emergency clause was declared carried. ******************** CONSIDERATION OF CONFERENCE COMMITTEE REPORT REP. B. KOPPELMAN MOVED that the conference committee report on Engrossed SB 2213 as printed on HJ pages 1939-1940 be adopted, which motion prevailed on a voice vote. Engrossed SB 2213, as amended, was placed on the Fourteenth order of business. SECOND READING OF SENATE BILL SB 2213: A BILL for an Act to amend and reenact section 57-02-08.8 of the North Dakota Century Code, relating to the property tax credit for disabled veterans; and to provide an effective date. ROLL CALL The question being on the final passage of the amended bill, which has been read, the roll was called and there were 91 YEAS, 0 NAYS, 0 EXCUSED, 3 ABSENT AND NOT VOTING. YEAS: Adams; Anderson, D.; Anderson, P.; Becker; Bellew; Beltz; Boe; Bosch; Boschee; Brandenburg; Buffalo; Christensen; Cory; Damschen; Delzer; Devlin; Dobervich; Dockter; Ertelt; Fegley; Fisher; Hager; Hagert; Hanson; Hatlestad; Hauck; Headland; Heinert; Hoverson; Howe; Ista; Johnson, D.; Johnson, M.; Jones; Kading; Karls; Kasper; Keiser; Kempenich; Kiefert; Klemin; Koppelman, B.; Kreidt; Lefor; Longmuir; Louser; Magrum; Marschall; Martinson; Meier; Mitskog; Mock; Monson; Nathe; Nehring; Nelson, J.; Nelson, M.; O'Brien; Owens; Paulson; Paur; Pollert; Porter; Pyle; Richter; Roers Jones; Rohr; Ruby, D.; Ruby, M.; Sanford; Satrom; Schatz; Schauer; Schmidt; Schneider; Schobinger; Schreiber-Beck; Skroch; Steiner; Stemen; Strinden; Thomas; Toman; Trottier; Tveit; Vetter; Vigesaa; Weisz; Westlind; Zubke; Speaker Koppelman, K. ABSENT AND NOT VOTING: Anderson, B.; Guggisberg; Ostlie Engrossed SB 2213, as amended, passed. ******************** ANNOUNCEMENT SPEAKER K. KOPPELMAN ANNOUNCED that the House stand in recess until 12:30 p.m. THE HOUSE RECONVENED pursuant to recess taken, with Speaker K. Koppelman presiding. COMMUNICATION FROM GOVERNOR DOUG BURGUM This is to inform you that on April 23, 2021, I have signed the following: HB 1017, HB 1045, HB 1080, HB 1164, HB 1175, HB 1183, HB 1394, HB 1418, HB 1475, and HB 1493. Page 1947 73rd DAY MONDAY, APRIL 26, 2021 1947 APPOINTMENT OF CONFERENCE COMMITTEE REP. LOUSER MOVED that the Speaker appoint a new committee of three to act with a like committee from the Senate as a Conference Committee on Engrossed HB 1253, which motion prevailed. THE SPEAKER APPOINTED as a new Conference Committee on: Engrossed HB 1253: Reps. Kasper, Louser, Schneider MOTION REP. LOUSER MOVED that Rep. Weisz replace Rep. Devlin on the Conference Committee on HB 1465, which motion prevailed on a voice vote. REPORT OF CONFERENCE COMMITTEE HB 1213: Your conference committee (Sens. Lee, Anderson, K. Roers and Reps. Westlind, M. Ruby, Beltz) recommends that the SENATE RECEDE from the Senate amendments as printed on HJ page 1515, adopt amendments as follows, and place HB 1213 on the Seventh order: That the Senate recede from its amendments as printed on pages 1515-1543 of the House Journal and pages 1226-1254 of the Senate Journal and that House Bill No. 1213 be amended as follows: Page 1, line 2, remove "subsections 8 and" Page 1, line 3, remove "13 of" Page 1, line 3, after the first "section" insert "19-03.1-01, subsection 5 of section 19-03.1-05, subsection 1 of section 19-03.1-22.2, section 19-03.1-22.3, subsections 1, 7, and 9 of section 19-03.1-23, subsection 12 of section 19-03.4-01, sections 19-03.4-03, 19-03.4-04, and" Page 1, line 3, after the first comma insert "subdivision a of subsection 2 of section 19-24.1-03," Page 1, line 3, replace the third "section" with "sections" Page 1, line 3, after "19-24.1-10" insert "and 19-24.1-13" Page 1, line 4, after the first comma insert "subdivision a of subsection 1 of section 19-24.1-15, subdivision a of subsection 2 of section 19-24.1-16, section 19-24.1-17," Page 1, line 5, replace "and" with "subsection 2 of section 19-24.1-37," Page 1, line 5, after "19-24.1-39" insert ", and subsection 1 of section 39-20-01" Page 1, replace lines 9 through 19 with: "SECTION 1. AMENDMENT. Section 19-03.1-01 of the North Dakota Century Code is amended and reenacted as follows: 19-03.1-01. Definitions. As used in this chapter and in chapters 19-03.2 and 19-03.4, unless the context otherwise requires: 1. "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by: a. A practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or b. The patient or research subject at the direction and in the presence of the practitioner. Page 1948 1948 JOURNAL OF THE HOUSE 73rd DAY 2. "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman. 3. "Anabolic steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, and corticosteroids. 4. "Board" means the state board of pharmacy. 5. "Bureau" means the drug enforcement administration in the United States department of justice or its successor agency. 6. "Controlled substance" means a drug, substance, or immediate precursor in schedules I through V as set out in this chapter. 7. "Controlled substance analog": a. Means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in a schedule I or II and: (1) Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system which is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (2) With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. b. Does not include: (1) A controlled substance; (2) Any substance for which there is an approved new drug application; or (3) With respect to a particular individual, any substance, if an exemption is in effect for investigational use, for that individual, under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C.