*WATCH* NDACO Legislative Video Update for Week 8: Crossover Report

The Legislature has hit their crossover deadline. NDACo provides a status report on several of the priority county related bills as we reach the end of the first period of the legislative process. 

ND Legislature Reaches Crossover

Crossover is here! The House finally adjourned late Wednesday, and the legislature will reconvene next Wednesday - March 3rd. 

They collectively addressed 900 bills and resolutions, and over half of those – 485 to be exact – were introduced with some impact on counties or county officials. About 30% of those “county” bills were defeated, but that leaves plenty of county issues for the rest of the session.

As we have been blogging, the three key infrastructure funding bills remain alive, but will need considerable attention in the Senate in the second half.

The two big budgets with the biggest direct impact on counties were both enhanced in ways beneficial to counties. The DHS saw a $13 million increase for zones, and the Dept. of Health budget saw the restoration of $650,000 for local public health.

County financing tools saw considerable attention in the first half of the Session, with two very restrictive bills defeated, and one expanding a county’s ability to bond for road projects.

The NDPERS Retirement Fund was addressed by several proposals to maintain the funds solvency.

Most of these died, but one that would increase both the Employer and the Employee shares by ½ of one percent of salary remains in play. Importantly, the significant pandemic relief currently being debated in Congress promises significant funding to state government, some of which has been discussed as a possible source to make a one-time injection into the NDPERS Retirement Fund.

Two concerning county road policy issues were advanced by the Senate. The “Culvert Bill,” SB2324, shifts the control over when stream crossing improvements must be made in county and township roads was narrowly passed by a 2-vote margin.

The other bill would permit the Governor to use his emergency powers to pilot the use of road trains in North Dakota. These will be priorities as they move to the House.

Liability limits of state and local government were addressed in the House. An OMB bill proposed by the State Risk Pool (the state equivalent of NDIRF) was in response to the defeat of a massive increase in government “tort caps” in 2019. After study, it was agreed that a phased, modest increase in these caps were due, as the “individual limit” of $250,000 has been in place since 1997.

We are very pleased with where we are sitting in regards to property tax issues. Like in past sessions, there are plenty of ideas introduced to restrict property taxes and budgets. We were successful in killing many of the poor bills. It appears lawmakers are hungry for more information on the property tax system and what the legislatures role can be in reducing property taxes as there were several bills turned into studies of our property tax system and budget process.

There were 45 bills impacting elections with many of them focusing on election reform. Many of these bills are reactionary, in response to what lawmakers believe happened nationally – not in North Dakota. We were able to defeat the most concerning bill – which would have eliminated early voting, absentee voting and vote by mail for ND. There were a number of bills seeking to restrict the governor from using his executive order authority to make changes to elections – stemming from the COVID situation and requests that came from Auditors regarding the June election. That bill and many other election issues that we testified in opposition to, are still alive and we will lean on our auditors to help us defeat them on the Senate side. On a positive note, a proposal initiated by the Auditor’s to increase the time to process ballots was approved and will move forward. 

Our Sheriffs were engaged throughout the session and it really paid off. We were able to defeat or assist in amending some concerning bills that could have been detrimental to public safety as well as hindering the Sheriffs duty to serve. A few of these bills include prohibiting law enforcement from entering private property without permission, no bail for misdemeanor crimes along with reducing the mandatory minimum sentencing for violent offenders. In addition, some important public safety initiatives have marched forward including: a correction to the SIRN radios – cost share; primary seatbelts and reimbursement for DOCR inmates sitting in county facilities when the prioritization plan is in effect.

Look for a more in-depth NDACo crossover report to come in the upcoming days. 

Click here for the link to next week's hearing schedule. 

  

Gas Tax Increase Passes House, Senate Approves Culvert Requirement

Two bills county members were watching closely were voted on in the House and Senate Monday. SB 2324 - related to culvert requirements passed the Senate by a narrow margin of 25-22. This bill will specifically require the awarding of court costs if a landowner prevails on a suit to force a county or township road stream crossing change recommended by the state engineer that is not completed within one year. This could mandate a difficult and costly series of road improvements that may be unaffordable, particularly at the township level. We will have to redouble county efforts in the House on this bill. 

Meanwhile, the House passed HB 1464 - to increase the fuel tax three cents. The gas tax is currently at .23 and has not been increased since 2005. Those who spoke on the floor today referred to the great local road needs. 40% of the tax generated from the fuel tax comes from non-residents using North Dakota roads. 

The Senate will adjourn for their crossover break Tuesday. It was reported on the House floor there are 129 bills to be acted on in that chamber. Majority Leader Chet Pollert indicates the House will spend all day and into the evening working through the calendar on Tuesday and Wednesday. 

 

*WATCH* NDACo Legislative Video Update Week 7

 

As the Legislature nears "crossover" the chambers will be spending most of their week taking action on bills. This video highlights some of the top priority county related bills that will be voted on this week.

NDACo Legislative Update: Week 7

North Dakota lawmakers are nearing "crossover". This is the deadline (next Friday - Feb. 26th) for bills to be voted on in the chamber of their origin. There were a few hearings this week, but a lot of committee work, particularly in appropriations committees. Tomorrow (Friday) we should see the reporting out of all remaining “policy” bills, and most funding measures. The big budgets, like Higher Ed and DHS are still works in progress.

The major infrastructure bills are heading to the house floor for (semi)final action.

• HB 1431 (Leadership Bonding) was passed out of the Appropriations Committee after amendments on a 14-4-3 vote. This bill began with much longer list of infrastructure improvements to be funded but was pared back significantly before passage – focusing largely on major water projects and $70 million to the NDDOT. There are many on the Senate side that would like to see local road infrastructure to be reinserted.
• HB 1464 (Fuel Tax) was pulled back into the House Finance & Tax and the 6-cent increase was lowered to 3 cents, with hopes of keeping it alive. The amendments also adjusted for electric and hybrid vehicle registration fees to provide equitable highway support, and an interim study of road funding was added. Clearly, the votes were lacking for the 6-cent increase, and even 3-cents may be challenging. It is in the best interests of road funding to keep this bill alive, to make sure there are options at the end of the session. Please let your Representatives know that counties support additional road funding.
• HB1380 (Legacy Earnings), like the bonding bill, this one got a serious haircut (not unlike when Aaron cut off his ponytail). This has been quite limited to bond payments and undetermined infrastructure investments. Look for Senate action on this to restore “streams” of greater interest to counties. 

Although, not totally complete, the DHS Budget Bill (HB1012) was recommended by the subcommittee for a $13 million increase in the “Zones portion” to address salary adjustments similar to state employees and to correct an underfunding problem from two years ago. Unfortunately, this still anticipates utilizing zone reserves to meet expected costs. Indirect costs are to be reimbursed at the same statewide level as this past biennium.

A final problematic local government “budgeting bill” (HB1367) was amended to a study and sent out of committee. This bill would have required counties, cities, schools, and parks to hold a “referral vote” on their preliminary budget if petitioned. The time needed to meet these requirements make it impossible to implement, and the committee felt a study of the issue was a better alternative.

Aaron Birst along with law enforcement testified on three concerning public safety bills. HB 1340 restricts law enforcement from entering private property for search and seizure without permission. HB 1339 was amended to study the state's dangerous weapons laws and HB 1498 relates to the use of deadly force and removes the duty to retreat. All three bills were passed out of committee with Do Pass recommendations.  

Law enforcement were also watching three bills closely this week on the House floor. These bills went in our favor. 

• HB 1296 - prohibits law enforcement from releasing booking photos - FAILED
• HB 1123 - misdemeanor arrestees to be released on own recognizance - FAILED
• HB 1287 - enhances penalties for overdose deaths for drug dealers - PASSED

The House voted on eight various election related bills with five of the bills failing and three moving forward. NDACo opposed the three that passed and will work with the Senate to address our concerns. These are: 

• HB 1238 - puts a polling location in every legislative district - PASSED
• HB 1173 - print the full text of measurers on ballot - PASSED
• HB 1198 - prohibits Governor's authority in emergency from restricting elections - PASSED

Next week the House will be pulling some long days on the floor and even working in the evening. Majority Leader Chet Pollert reported on Wednesday there are 185 bills to be acted on. The House has been averaging six bills an hour in their debate and voting process. 

No schedule is posted as there are no committee hearings next week. 

NDACo Legislative Video Update Week 6

NDACo Legislative Update Week 6: Feb. 11

 A lot of our work this week has been preparing for the bills moving from committee to the floor and making sure our county members know when and how to contact their lawmakers. In many cases, those bills are pulled off the calendar when we least expect it, throwing off our plans. That's just an example of how fluid the legislative process is. One example of this is with HB 1464, which is the gas tax increase proposal. 

HB 1464 came out of committee with a .06 increase on the current .23 tax on gasoline. The .06 increase would provide $19 million in additional funding to counties to address local road needs. The bill was on the House calendar, however we are hearing the republican party is polling lawmakers to determine if the bill should be returned to committee to reconsider the increase. Please continue to communicate to your lawmakers the importance in supporting this proposal. This is one of the few bills that can address local road needs this session. It needs to be on the table. 

The House floor calendar continues to grow and is quite lengthy as we end week 6. The House has already announced they will have longer floor sessions next week in order to make progress. There are a number of hot topics making their way to the House floor that we have indicated as higher priority items to watch and encourage our members to engage their legislators on.  

On the Floor in upcoming days: 

HB 1464: gas tax increase - support
HB 1123: no bail for misdemeanors - oppose
HB 1296: prohibits release of booking photos until convicted - oppose
HB 1287: enhanced crime for drug dealers if lead to overdose death - support

HB 1238: requires polling location in every legislative district - oppose

HB 1312: eliminates absentee voting, vote by mail, early voting - oppose

HB 1173: print full language of constitutional measure on ballots - oppose

NDACo was involved in a very unconventional opportunity this week. In response to the multiple (45) election related bills, NDACo offered to the House and Senate Government and Veterans Affairs committees to provide a presentation outlining the election process in North Dakota and demonstrate equipment. NDACo's Donnell Preskey along with McKenzie County Auditor Erica Johnsrud and Burleigh County Election manager Erika White provided the presentation. The hope is to increase the knowledge and education to the lawmakers hearing the bulk of the election related bills.

PUBLIC HEALTH RELATED: 

Senate Appropriations Subcommittee of Senators Sorvaag (Chair), Bekkedahl and Mathern continue to work on the Dept of Health budget, SB2004. Amendments are expected that would add back in the budget funding for loan repayment program and Fetal Alcohol Syndrome Clinic. 

Onsite septic system bill,  HB 1183,  is anticipated to be amended and move through Political Subdivisions Committee. 

 Senate Human Services Committee held a hearing on SB 2303 regarding public health units on tribal lands. The bill requests language change to the Century Code to include all tribal lands the option to form a public health unit if so desired. Barb Frydenlund, Rolette County Public Health District Administrator presented testimony sharing some of the many services being provided in the County which are available to everyone.  She applauded the 1999 Legislature's forethought in establishing law that all land in the state be in a public health unit by 2001. “As a result of this forwarding thinking,” testified Frydenlund, “all North Dakota residents, including those individuals residing on tribal lands, have the privilege of having the opportunity to receive comprehensive preventive and sometimes clinical health services provided by local public health districts/departments.”  Frydenlund noted that adding another health unit would mean duplicative services and increased strain on an already minimal budget.

Here is a brief of other county related bills we were involved in testifying on this week: 
HB 1443: Post Board to provide Bias training - Opposed, DNP recommendation
HB 1470: Behavioral health services in jails - Supported with suggestions
HB 1189: Sets 90 minute time limit to get election results to auditor - Opposed
HB 1379: Changes date for prelim budgets & allows for referral - Opposed

SB 2234: Counties must pay for Culverts (scheduled for Friday) - Opposed

Bills voted on this week of note: 

HB 1182: party affiliation optional for county officials - FAILED

HB 1256: non-public funds for election banned - PASSED

HB 1279: uniform fines/fees - PASSED

HB 1494: study recruit and retention options for law enforcement - PASSED

HB 1471: expansion of property tax exemption for churches: PASSED

HB: 1372: property tax freeze for seniors - FAILED

 Click here to view the schedule for bills to be heard the Week of Feb 15th

*WATCH* NDACo Legislative Video Update Week 5

NDACo Legislative Update for Week 5 - Feb. 4th

The end of Week 5, and the start of the big money issues. As we see many of the single issue policy issues move up to, and through, the floors of the Assembly, the Tax Committees and Appropriations committees have started having hearings on bonding concepts, infrastructure investments and related funding strategies.

NDACo has repeated testimony multiple times, presenting the road and bridge needs of counties, as identified by the Upper Great Plains Transportation Institute local roads study. Many legislators are quite sympathetic to our arguments, but we will need everyone to talk to their local legislators about their local needs if this is to become a priority.

Gas Tax Increase - HB 1464 - One of the most “current” issues is HB1464 that is now on the House Floor Calendar, and we REALLY need counties to urge a YES vote, to keep this proposal moving forward.

The House Tax and Finance Committee took surprising action on HB 1464 to increase the gas tax by

increasing the proposal to a six cent increase.  The bill was heard Monday and had overwhelming support by counties, cities and others. The gas tax is currently at .23 and hasn't been adjusted since 2005. 

Prime Sponsor Vicki Steiner made a solid pitch for the gas tax increase as a way for users to pay for road improvements. She highlighted the Upper Great Plains Transportation Institute road study which looks at local road needs and costs associated. According to UGPTI, the combined estimate of infrastructure needs for all county and township roads is $9.3 billion over the next 20 years, which is equivalent to $466 million per year. 

County highway funding projections show that a .06 increase would result in $19.2 million in 2021-2023 biennium for county roads. See County by County Allocations for gas tax proposal

Watch for HB 1464 to be voted on in the House next week. 

                                                                                    Public Safety related: 

Sheriffs testified in opposition to HB 1270 which if not amended would limit their ability to do surveillance which could hamper investigating crimes and tips in addition, it could hamper the ability for emergency personnel to provide flood surveillance using drones. Law enforcement requested an amendment to exempt them from the bill. 

HB 1420 was heard which would legalize personal use of marijuana, less than one ounce. A separate bill is introduced that relates to the taxation of marijuana. The prime sponsor of the bill says his intent in introducing the bill could provide the state with greater control over setting the rules rather than a more broad proposal that could show up on the ballot. 

HB 1486 relates to the confidentiality of phone records and could limit law enforcement and 9-1-1 dispatchers from tracking cell phones to aid in the location of missing individuals or individuals in danger. NDACo worked with others including bill sponsors on an amendment, which addresses our concerns. 

NDACo also worked to amend HB 1457 which limits the length of time a local emergency order can be in effect and reauthorized. The bill as introduced was for emergency orders to not exceed 15 days. NDACo suggested 45 days as a compromise, but the committee decided on adding language for the orders to be reauthorized at next regularly scheduled meeting.  

House and Senate took action on several county related bills this week: 

PASSED

HB 1146 - SIRN cost-share correction

SB 2244 - increase Sheriffs civil fees

FAILED

HB 1500 - period of time before foreclosure 

HB 1108 - eliminate publication requirement to list bills

HB 1257 - eliminate seatbelt requirement if over 18

HB 14877 - higher fee for closed roads

SB 2231 - eliminate requirement to publish official election results

SB 2270 - property tax reduction for seniors

CLICK HERE FOR THE SCHEDULE FOR WEEK OF FEB. 8th - Week 6