LEGISLATIVE COUNCIL

Minutes of the

LEGISLATIVE COUNCIL

Tuesday, June 16, 2009 Prairie Room, State Capitol Bismarck, North Dakota

Representative Al Carlson, Chairman, called the Robinson voted for Senator Taylor. Chairman meeting to order at 9:00 a.m. Carlson announced that Senator Bowman is the Members present: Representatives Al Carlson, legislator appointee to the Veterinary Medical Merle Boucher, Chris Griffin, Gary Kreidt, Shirley Education Program Admissions Committee. Meyer, David Monson, Bob Skarphol, Robin Weisz, Chairman Carlson said the next appointments are Lisa Wolf; Senators Robert S. Erbele, Tony S. to the Multistate Highway Transportation Agreement Grindberg, , David O'Connell, Tracy Cooperating Committee, consisting of a Potter, Larry J. Robinson, Bob Stenehjem, Rich representative of the House Transportation Wardner Committee and of the Senate Transportation Others present: Jay E. Buringrud, Allen H. Committee. Chairman Carlson said the current Knudson, Jason J. Steckler; Legislative Council, appointees are Representative Robin Weisz and Bismarck Senator Gary A. Lee. RaeAnn G. Kelsch, State Representative, Mandan It was moved by Senator Wardner, seconded See attached appendix for additional persons by Senator Grindberg, and carried on a voice vote present. that Representative Robin Weisz and Senator It was moved by Senator Wardner, seconded Gary A. Lee be appointed to the Multistate by Senator Robinson, and carried on a voice vote Highway Transportation Agreement Cooperating to dispense with the reading of the minutes of the Committee. May 5 and May 20, 2009, meetings and to approve Chairman Carlson said the next appointments are the minutes as distributed. to the Committee on Protection and Advocacy. Chairman Carlson said copies of a proposed It was moved by Representative Weisz, committee structure would be distributed as soon as seconded by Representative Monson, and carried they were ready. He said he has been working on the on a voice vote that Representative Gerry Uglem structure and it is being finalized and copies are being and Senator Robert S. Erbele be appointed to the made by Legislative Council staff. Committee on Protection and Advocacy. Chairman Carlson said the next appointment to APPOINTMENTS consider is the State Hospital Governing Body. Chairman Carlson said the Legislative Council It was moved by Senator O'Connell and would take up consideration of appointments. seconded by Representative Wolf that Senator Chairman Carlson said the first appointments to be be nominated. It was moved by discussed are the appointments to the Veterinary Representative Kreidt and seconded by Senator Medical Education Program Admissions Committee Stenehjem that Representative be related to Kansas State University. He said the State nominated. Representatives Carlson, Kreidt, Board of Higher Education staff has asked for Monson, Skarphol, and Weisz and Senators Erbele, additional time to contact potential appointees Grindberg, Holmberg, Stenehjem, and Wardner voted representing the North Dakota State University for Representative Pollert. Representatives Boucher, Department of Veterinary and Microbiological Griffin, Meyer, and Wolf and Senators O'Connell, Sciences, a practicing veterinarian, and a livestock Potter, and Robinson voted for Senator Mathern. producer. He said the legislator appointed during the Chairman Carlson announced that Representative 2007-09 biennium was Senator Bill Bowman. Pollert is the appointee to the State Hospital It was moved by Senator Stenehjem and Governing Body. seconded by Senator Wardner that Senator Bill Chairman Carlson said the next appointments to Bowman be nominated as the legislator appointee. be considered are those to the North Dakota It was moved by Representative Boucher and Commission on Uniform State Laws and the law seconded by Senator O'Connell that Senator requires that there must be one appointee from each Ryan M. Taylor be nominated as the legislator house and the appointees must be attorneys. He said appointee. Representatives Carlson, Kreidt, Monson, the current commission members are Representative Skarphol and Weisz and Senators Erbele, Grindberg, Lawrence R. Klemin and Senator Dave Nething. Holmberg, Stenehjem, and Wardner voted for Senator It was moved by Representative Skarphol, Bowman. Representatives Boucher, Griffin, Meyer, seconded by Senator Stenehjem, and carried on a and Wolf and Senators O'Connell, Potter, and voice vote that Representative Lawrence R. Legislative Council 2 June 16, 2009

Klemin and Senator Dave Nething be appointed to Representative Lisa Wolf replace Representative the North Dakota Commission on Uniform State Jasper J. Schneider and also serve as chairman. Laws. Regarding the Government Services Committee, Chairman Carlson said the Legislative Council is to Representative Boucher suggested Representative appoint two legislators to the State Information Kari L. Conrad, Representative Lisa Wolf, and Technology Advisory Committee. He said the current Senator Tracy Potter be added to the committee. appointees are Representative Bob Skarphol and Regarding the Health and Human Services Senator . Committee, Senator Stenehjem suggested Senator It was moved by Representative Monson, Robert S. Erbele be added to the committee. seconded by Senator Stenehjem, and carried on a Regarding the Higher Education Committee, voice vote that Representative Bob Skarphol and Chairman Carlson announced that Senator David Senator Rich Wardner be appointed to the State Hogue would be removed from the committee. Information Technology Advisory Committee. Representative Boucher suggested Representative Chairman Carlson announced the Legislative Louis Pinkerton and Senator JoNell A. Bakke be Council is to appoint one member from each political added to the committee. party to serve on the Advisory Commission on Faith- Regarding the Information Technology Committee, Based and Community Initiatives. He said the current Representative Boucher suggested Representative appointees are Representative Bette B. Grande and Corey Mock or Representative Lonny Winrich and Senator Tim Mathern. Senator be added to the It was moved by Representative Kreidt, committee. seconded by Representative Skarphol, and carried Regarding the Judicial Process Committee, on a voice vote that Representative Bette B. Representative Boucher suggested Senator Arden C. Grande be appointed to the Advisory Commission Anderson be added to the committee. on Faith-Based and Community Initiatives. Regarding the Legislative Procedure and It was moved by Senator Robinson, seconded Arrangements Committee, Chairman Carlson by Senator O'Connell, and carried on a voice vote announced that Senator is the Senate that Senator Jim Pomeroy be appointed to the President Pro Tempore member on the committee. Advisory Commission on Faith-Based and Regarding the Long-Term Care Committee, Community Initiatives. Representative Boucher suggested Senator Joan Chairman Carlson announced that the copies of Heckaman be added to the committee. the proposed committee structure had been delivered Regarding the Natural Resources Committee, and the Council would be in recess while each of the Senator Stenehjem suggested Senator caucuses met to consider the proposed committee and Senator Bill Bowman be added to the committee. structure. Regarding the Public Safety and Transportation The Council was in recess until 11:07 a.m. Committee, Representative Carlson suggested Chairman Carlson said the procedure to be used Representative Matthew M. Klein be added to the would be to go through each committee and review committee and Representative Boucher suggested the proposed committee membership and entertain Senator Richard Marcellais be added to the any suggested changes by Council members. committee. Regarding the Administrative Rules Committee, Regarding the Taxation Committee, Senator Representative Boucher suggested that Stenehjem asked that he be added to the committee. Representative Joe Kroeber, Representative Lonny Regarding the Water-Related Topics Overview Winrich, and Senator be added to the Committee, Representative Boucher suggested membership of the committee. Representative Lee Kaldor be added to the committee Regarding the Advisory Commission on and Senator Joan Heckaman replace Senator Intergovernmental Relations, Representative Boucher Elroy N. Lindaas on the committee. recommended that Representative Eliot Glassheim Regarding the Workers' Compensation Review replace Senator Tracy Potter as a commission Committee, Representative Boucher suggested member and that Senator Arden C. Anderson be Senator JoNell A. Bakke replace Senator Richard chairman. Marcellais on the committee. Regarding the Agriculture Committee, Regarding the Workforce Committee, Senator Representative Boucher suggested Senator Aaron Larry J. Robinson said he would be willing to serve on Krauter and Senator John Warner be added to the the committee. committee. Senator Stenehjem suggested that Chairman Carlson then asked for Legislative Senator be added to the committee. Council input regarding the chairmanship of each Regarding the Commission on Alternatives to committee. Representative Boucher suggested that Incarceration, Representative Boucher suggested Senator Arden C. Anderson be the Advisory Representative Louise Potter replace Representative Commission on Intergovernmental Relations chairman Lisa Wolf and also serve as chairman. and that Representative Eliot Glassheim be the vice Regarding the Employee Benefits Programs chairman. Committee, Representative Boucher suggested Regarding the Commission on Alternatives to Incarceration, Representative Boucher suggested that Legislative Council 3 June 16, 2009

Senator Tracy Potter be the committee chairman and It was moved by Senator Robinson, seconded that Senator John Warner be the vice chairman. by Representative Wolf, and carried on a voice Regarding the Employee Benefits Programs vote that the proposed structure for the Committee, Representative Boucher suggested that Administrative Rules Committee be changed to Representative Lisa Wolf be the committee chairman add Representative Joe Kroeber, Representative and that Senator Carolyn Nelson be the vice Lonny Winrich, and Senator Joan Heckaman and chairman. the committee structure be approved as changed. Regarding the Government Services Committee, It was moved by Senator Stenehjem, seconded Representative Boucher suggested that Senator by Representative Skarphol, and carried on a roll Tracy Potter be the committee chairman and that call vote to approve the committee structure of the Representative Ralph Metcalf be the vice chairman. Advisory Commission on Intergovernmental Regarding the Industry, Business, and Labor Relations as presented. Representatives Kreidt, Committee, Senator Stenehjem said Senator David Monson, Skarphol, and Weisz and Senators Erbele, Hogue should be named the vice chairman replacing Grindberg, Holmberg, Stenehjem, and Wardner voted Senator Terry M. Wanzek. "aye." Representatives Carlson, Boucher, Griffin, Regarding the Information Technology Committee, Meyer, and Wolf and Senators O'Connell, Potter, and Senator Robinson said Representative Lonny Winrich Robinson voted "nay." would be the vice chairman if appointed to the It was moved by Senator O'Connell, seconded committee. by Senator Robinson, and carried on a voice vote Regarding the Judicial Process Committee, to approve the Agriculture Committee structure as Representative Meyer announced that Senator Tom presented with the additions of Senator Aaron Fiebiger would serve as vice chairman. Krauter, Senator John Warner, and Senator Tim Regarding the Judiciary Committee, Flakoll. Representative Griffin announced that Senator Mac It was moved by Representative Boucher, Schneider would serve as vice chairman. seconded by Representative Wolf, and failed on a Regarding the Legislative Audit and Fiscal Review roll call vote that Representative Louise Potter Committee, Chairman Carlson announced that replace Representative Lisa Wolf on the Representative RaeAnn G. Kelsch would serve as Commission on Alternatives to Incarceration and vice chairman. Representative Louise Potter serve as chairman. Regarding the Long-Term Care Committee, Representatives Boucher, Griffin, Meyer, and Wolf Chairman Carlson announced that Representative and Senators O'Connell, Potter, and Robinson voted Gerry Uglem would serve as vice chairman. "aye." Representatives Carlson, Kreidt, Monson, Regarding the Public Safety and Transportation Skarphol, and Weisz and Senators Erbele, Grindberg, Committee, Senator O'Connell announced that Holmberg, Stenehjem, and Wardner voted "nay." Representative James Kerzman would serve as vice It was moved by Representative Monson, chairman. seconded by Senator Stenehjem, and carried on a Regarding the Workers' Compensation Review voice vote to approve the structure for the Committee, Representative Boucher suggested that Commission on Alternatives to Incarceration as Representative Bill Amerman serve as chairman and presented. Senator JoNell A. Bakke serve as vice chairman. It was moved by Senator Wardner, seconded Chairman Carlson announced that the Legislative by Senator Stenehjem, and carried on a voice vote Council would recess until 12:30 p.m. for additional to approve the committee structure for the consideration of the committee structure. Education Committee as presented. Chairman Carlson said the Legislative Council It was moved by Representative Boucher, would finalize the committee structure beginning with seconded by Representative Wolf, and carried on the Workers' Compensation Review Committee. a voice vote to change the Employee Benefits It was moved by Senator O'Connell, seconded Programs Committee structure as presented to by Representative Wolf, and failed on a roll call replace Representative Jasper J. Schneider with vote that Senator JoNell A. Bakke replace Senator Representative Lisa Wolf and that the structure be Richard Marcellais on the Workers' Compensation approved as changed. Review Committee and that Representative Bill It was moved by Senator Stenehjem, seconded Amerman be the committee chairman. by Representative Kreidt, and carried on a voice Representatives Carlson, Boucher, Griffin, Meyer, and vote to approve the proposed structure for the Wolf and Senators O'Connell, Potter, and Robinson Energy Development and Transmission voted "aye." Representatives Kreidt, Monson, Committee as presented. Skarphol, and Weisz and Senators Erbele, Grindberg, It was moved by Representative Boucher, Holmberg, Stenehjem, and Wardner voted "nay." seconded by Representative Wolf, and carried on It was moved by Representative Monson, a voice vote to change the presented committee seconded by Senator Holmberg, and carried on a structure for the Government Services Committee voice vote to approve the Workers' Compensation to add Representative Kari L. Conrad and Review Committee structure as presented. Representative Louise Potter and that the committee structure be approved as changed. Legislative Council 4 June 16, 2009

It was moved by Senator Stenehjem, seconded vote to approve the membership of the Long-Term by Representative Skarphol, and carried on a Care Committee as presented, with the addition of voice vote to approve the proposed committee Senator Joan Heckaman. structure for the Health and Human Services It was moved by Senator Robinson, seconded Committee, with the addition of Senator Robert S. by Representative Wolf, and carried on a voice Erbele. vote to approve the membership of the Natural The committee discussed the membership of the Resources Committee as presented, with the Higher Education Committee. It was agreed to add addition of Senator David Hogue, Senator Bill Senator David O'Connell and Representative Kenton Bowman, and Representative James Kerzman. Onstad to the presented committee structure and to It was moved by Representative Skarphol, remove Senator David Hogue. seconded by Representative Weisz, and carried on It was moved by Senator Grindberg, seconded a voice vote to approve the committee structure by Senator Stenehjem, and carried on a voice vote for the Public Safety and Transportation to approve the proposed committee structure for Committee as presented, with the addition of the Higher Education Committee as changed. Representative Matthew M. Klein and Senator It was moved by Senator Stenehjem, seconded Richard Marcellais. by Senator Wardner, and carried on a voice vote It was moved by Representative Skarphol, that the proposed committee structure of the seconded by Senator Wardner, and carried on a Industry, Business, and Labor Committee be voice vote to approve the committee structure of approved as changed, including Senator David the Taxation Committee as presented, with the Hogue as vice chairman. addition of Senator Bob Stenehjem. It was moved by Senator Stenehjem, seconded It was moved by Senator Wardner, seconded by Representative Monson, and carried on a roll by Representative Wolf, and carried on a voice call vote that the proposed committee structure of vote to approve the committee structure of the the Information Technology Committee be Tribal and State Relations Committee as approved, reflecting Representative Lonny presented. Winrich replacing Representative Keith It was moved by Representative Skarphol, Kempenich. Representatives Carlson, Griffin, Kreidt, seconded by Representative Kreidt, and carried Meyer, Monson, Skarphol, Weisz, and Wolf and on a roll call vote to approve the committee Senators Erbele, Grindberg, Holmberg, O'Connell, structure of the Water-Related Topics Overview Potter, Robinson, Stenehjem, and Wardner voted Committee as presented, reflecting Senator Joan "aye." Representative Boucher voted "nay." Heckaman replacing Senator Elroy N. Lindaas. It was moved by Representative Boucher, Representatives Carlson, Kreidt, Monson, Skarphol, seconded by Representative Wolf, and carried on and Weisz and Senators Erbele, Grindberg, a voice vote to further amend the Information Holmberg, Stenehjem, and Wardner voted "aye." Technology Committee structure to replace Representatives Boucher, Griffin, Meyer, and Wolf Representative Ken Svedjan with Representative and Senators O'Connell, Potter, and Robinson voted Corey Mock. "nay." It was moved by Senator Wardner, seconded It was moved by Senator Grindberg, seconded by Representative Wolf, and carried on a voice by Representative Wolf, and carried on a voice vote to approve the Judicial Process Committee vote to approve the committee structure of the structure as presented, reflecting the addition of Workforce Committee as presented, with the Senator Arden C. Anderson. additions of Senator Larry J. Robinson and It was moved by Representative Griffin, Representative Lee Kaldor. seconded by Senator Robinson, and carried on a It was moved by Senator Grindberg, seconded voice vote to approve the Judiciary Committee by Senator Stenehjem, and carried on a roll call structure as presented, with the addition of vote to approve the interim Legislative Council Representative Jasper J. Schneider. committee structure as adjusted. Representatives It was moved by Representative Skarphol, Carlson, Boucher, Kreidt, Meyer, Monson, Skarphol, seconded by Representative Kreidt, and carried and Weisz and Senators Erbele, Grindberg, on a voice vote to approve the Legislative Audit Holmberg, Robinson, Stenehjem, and Wardner voted and Fiscal Review Committee structure as "aye." Representatives Griffin and Wolf and Senators presented, reflecting Representative RaeAnn G. O'Connell and Potter voted "nay." Kelsch as vice chairman. Representative Boucher commented on the It was moved by Senator Stenehjem, seconded process establishing the interim committee by Representative Monson, and carried on a voice membership. He said it is unfair for Legislative vote to approve the Legislative Procedure and Council members to have only a limited time to react Arrangements Committee membership as to the proposed committee structure presented by the presented, reflecting the adjustment to add Legislative Council chairman. He suggested that in Senator Jerry Klein as President Pro Tempore. the future that information be provided ahead of the It was moved by Senator Robinson, seconded meeting, at least two or three days in advance. by Representative Wolf, and carried on a voice Legislative Council 5 June 16, 2009

Chairman Carlson said he will do what he can to said the staff will continue to provide updates to the expedite that process in 2011. Legislative Council and the interim Information Technology Committee. He said Propylon has eight RULES OF OPERATION employees onsite working on the project and the AND PROCEDURE Information Technology Department has six The director distributed a document detailing the employees onsite working in the clerk area behind the Proposed Supplementary Rules of Operation and Senate chamber. Procedure of the North Dakota Legislative In response to a question from Senator Robinson, Management for the 2009-10 interim. The director Mr. Steckler said that the staffing effort by Propylon said the major change was to reflect the name change will vary from the current level of 8 employees onsite of the 17-member committee from Legislative Council to a maximum of 12 employees. to Legislative Management. He said the document is used as instructions for the interim committee staff EMPLOYEE ASSISTANCE PROGRAM and committee chairmen and discusses the Chairman Carlson called on the director to discuss conducting of meetings, committees' jurisdictions, and the employee assistance program. The director said the authority of the Legislative Management chairman during the current interim members of the Legislative between Legislative Management meetings. Assembly have the ability to access services through Chairman Carlson said the same rules apply as in the St. Alexius employee assistance program. The previous interims--the dress code should be business, director said direction needs to be provided by the and he asked that committee chairmen inform the Legislative Council regarding the continuation of the Legislative Management chairman when they travel employee assistance program through the St. Alexius the state so that costs can be coordinated with the program. budget. Senator Holmberg said Council members It was moved by Representative Skarphol, may obtain from the Legislative Council a summary of seconded by Senator Robinson, and carried on a the number of committee meetings and related costs voice vote that the chairman of the Legislative for the 2007-08 interim which may be of value to Council be authorized to continue to use the them. Representative Meyer asked a question St. Alexius employee assistance program for regarding the requirement that no bill draft other than members of the Legislative Assembly. the one drafted by the Legislative Council staff may be approved by a committee unless it has been 2011 LEGISLATIVE CALENDAR considered on at least two meeting days. The director The chairman called on the director to discuss the indicated that is to provide sufficient public input and proposed 2011 Legislative Deadlines. The director applies to bill drafts not drafted by Legislative Council indicated that under the state constitution the 2011 staff. The assistant director clarified that a committee legislative session will begin at 12:00 noon on the first could meet on consecutive days and meet the Tuesday after the third day in January which is requirements of that provision. Tuesday, January 4, 2011. He said unless the It was moved by Senator Robinson, seconded Legislative Council decides to set a different date that by Representative Meyer, and carried on a roll call will be the date that will be used for the 2011 session. vote that the Proposed Supplementary Rules of Chairman Carlson said starting the session on a Operation and Procedure of the North Dakota Tuesday allows sufficient time for legislators to travel Legislative Management be approved. after the weekend and provides a complete first week Representatives Carlson, Boucher, Griffin, Kreidt, of the legislative session. Meyer, Monson, Skarphol, Weisz, and Wolf and It was moved by Senator Holmberg, seconded Senators Erbele, Holmberg, O'Connell, Robinson, by Representative Skarphol, and carried on a Stenehjem, and Wardner voted "aye." Senator Potter voice vote that the Legislative Council approve the voted "nay." proposed start date of January 4, 2011, for the 62nd Legislative Assembly. LEGEND UPDATE It was moved by Senator Robinson, seconded Mr. Jason J. Steckler, Information Technology by Representative Wolf, and carried on a voice Director, provided the Legislative Council with an vote that the meeting be adjourned. Chairman update of the status of the legislative enterprise Carlson adjourned the meeting at 1:50 p.m. system of North Dakota (LEGEND). He explained that the development includes a partnership with the Propylon group that has developed and is working on ______systems in the states of Pennsylvania, Oregon, and Jim W. Smith Kansas and the North Dakota Information Technology Director Department. He said Propylon uses an agile development process, which requires significant ATTACH:1 monitoring on the part of project management. He