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.