Friday, March 26, 2021

NDACo Legislative Update: March 26

 Plenty of action on county bills this week, below is a taste of some of the highlights.

  • County official efforts on SB2026 (road trains) were incredibly effective and the committee chair saw that the bill would be defeated, so he took it back to committee and amended it in three important ways. 
    • The 180’ pilot project truck length was changed to 130’ 
    • Impacts to traffic safety were included as a study element
    • A new subsection was added reading: “If a pilot project includes operating on county or township roads, an agreement with the local road authorities must be in place to address traffic safety consideration and costs directly attributed to the pilot project."
            As these amendments address the concerns raised by counties, we no longer oppose SB2026. 
  • HB1464 (Gas Tax) was given a divided (4/3) Do Not Pass recommendation from the Senate Committee, and will be up for vote in the Senate as soon as FRIDAY. This 3-cent increase (and modest increases to electric vehicle fees) would generate $48 million of which $9.6 million goes to county roads. County officials are being asked to CONTACT THEIR SENATORS AND URGE A YES VOTE ON HB1464
  • SB2324 (Culvert bill) was amended and given a strong (11/1) Do Not Pass recommendation, as requested by counties. This bill would shift considerable control from counties and townships to the state engineer over when culverts and bridges are replaced. We are urging county officials to CONTACT THEIR HOUSE MEMBERS AND ASK FOR A NO VOTE ON SB2324.
  • SB2041 (potato warehouse/elevator exemption) was heavily amended. The issue of exempting privately owned elevators and warehouses in cities was turned into a study, but the farm-residence exemption was added into the bill with a proposed change to consider machinery sales as farm income. We encourage all commissioners and tax directors can pull this bill up and take a look.
  • Senate Senate Political Subdivisions Committee heard testimony on HB 1183 relating to onsite septic systems. The bill came to the Committee amended by the House.  In addition to requiring public health units to adopt an onsite wastewater recycling treatment guide, the House amendment provided for the establishment of technical committee. Two Senate floor amendments included adding a local public health representative to the technical committee for even representation and also added an expiration date. The full Senate adopted the amendments and passed the bill which will be returned to the House. 
  • House bill 1152, the “cigar bar" bill was defeated on the Senate floor. This bill would have allowed exemptions to ND Smoke free law, exposing people to secondhand smoke. This law protects public health and promotes worker safety.
  • Despite heavy debate, SB2244, the bill to incrementally increase civil process fees by the Sheriff’s Office, was passed in the House 57/36. These fees have not increased in 20 years. 
  • Inmate reimbursement, HB1112passed the Senate with a unanimous vote. This bill will require DOCR to reimburse county jails for holding state-sentenced inmates if they must remain in a county facility due to state facility limitations. A big success for counties as this was a resolution and priority item. 
  • NDACo worked closely with the Senate Judiciary committee to improve an amendment that would have prohibited the release of booking photos until individuals are charged. While law enforcement concerns for the most part were addressed with the final amendment the Senate voted to kill the amendment on HB1294
  • Efforts to move to a primary seat belt law for all occupants in a vehicle failed in the House with the defeat of SB2121. The vote was close at 45-49. 
  • The Senate defeated HB1189, which would have placed a 3 hour deadline for election workers to return results to the Auditors office. Another election bill was also brought back for reconsideration on Monday. HB1198 sought to prohibit the Governor from using his executive order authority in restricting polling locations. The Senate passed the bill last Friday, reconsidered it on Monday and killed the bill. 

  • Also very notable, the Senate defeated HB1420 to legalize "adult use" marijuana, a companion bill that addressed the taxation of marijuana was also killed. 

Click here to view the hearing schedule for the upcoming week




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