NDACo Final Priorities Approved in Last Hours of Session

The 66th Legislative Assembly wrapped up its business at 10 p.m. Friday on Day 76. The final day marked the completion of several remaining ND County priorities. 

Lawmakers Restore Funding to County Extension Program; Increase Funding for Road Study

Lawmakers Friday approved HB 1020. This bill included $875,000 funding for the Upper Great Plains Transportation Institute study. This study is necessary to provide the level of detailed data needed to identity local road project funding priorities across the state. The UGPTI road study has also been used as a basis to calculate the distribution of county road funds in the past as was as in the future through HB 1066, Operation Prairie Dog, which was approved earlier this session. 

The bill also includes $870,000 that will go to restore the funding formula between Extension and Counties for County Extension Agents. Due to the budget cuts in 2017 and allocations, Extension was left with a shortfall. Counties negotiated a one-year agreement to increase their portion of the funding. The restoration of these funds will allow the formula to be returned to a more equitable level. 

House and Senate Approve Bill that Improves Asset Forfeiture Process

HB 1286 has had many transformations since being introduced. As introduced in the House, law enforcement opposed the bill. However, they worked diligently through the process to offer suggestions for improvements. The Senate made many changes to the bill, many of which law enforcement saw as positive. The conference committee expanded on the improvements made in the Senate. Overall, the bill increases transparency of the asset forfeiture process by: 

• Requiring an annual report
• Providing additional oversight of funds from forfeited property by requiring them to be deposited into the local political subdivisions asset forfeiture fund that can only be appropriated by the local political subdivision
• Increases the burden of proof to the highest level possible to “beyond reasonable doubt” the property was used in the commission of a crime or involved in criminal activity, for situations where there is no conviction

Lawmakers Approve Increase to Public Guardianship Program
Legislators approved an increase of $400,000 for the public guardianship program to bring the total funding to $1.95 million. Although the request was for $2.33 million, this funding is a considerable increase to the current $1.32 million appropriation in this biennium. Public Guardians provides assistance to the state's most vulnerable adults. These are individuals who the district court has determined are incapacitated and unable to adequately make decisions on their health, finances and other affairs due to their age, dementia, physical disability, mental illness, addiction, etc. The current funding level has remained level for the past three bienniums. Due to that, caseloads have been frozen at 205, it is estimated there are about 150 additional individuals who would qualify for the assistance who are unable to receive it due to the lack of funding. 

DOCR Facility Changes to be Studied

During the Governor's budget speech, he introduced major shifts in Department of Corrections and Rehabilitation (DOCR) system which included moving inmates from facilities and shutting down one of the prisons. Lawmakers instead voted to study a plan to conduct an assessment and review of the DOCR facilities and report it's findings to the 67th Legislative Assembly. This will allow DOCR and the State to thoroughly study the facilities available, the needs and best options for the future. 

The DOCR Budget also includes $750,000 and 7 FTE's to establish a pre-trial services pilot program.   

Legislators Approve Small Increase to Infrastructure Loan Fund 

The conference committee for the Industrial Commission Budget rejected the proposed $500 million bond to enhance the local government infrastructure loan fund. The bill however now contains a mechanism  to supplement the existing Bank of ND $150 million 2% interest revolving loan fund with an additional $40 million from the SIIF.  This addition will be after the balance of this oil royalty and tax fund reaches a $750 million balance, so it is essentially the “final bucket” and likely won’t be filled until near the end of the upcoming biennium.

House Rejects Change to Posted Land
The private property rights bill, SB 2315, failed in the House after lengthy discussion. The bill essentially closed all land except for to hunting. Posted signs would still be required to close land to hunting.  However, the ITD budget includes a provision to study access to private and public lands including trespass violations and penalties as well as explore a land access database with the capacity of electronic posting.