NDACo Legislative Update: Week 8

We can't start this update without recognizing the most noteworthy item of the week. The North Dakota House of Representatives voted Thursday for the expulsion of Representative Luke Simons of Dickinson. This is the first time in North Dakota history the Legislature has expelled a member. The House conducted what is called a committee of the whole to address a resolution to expel Representative Simons. The floor session to debate and consider the resolution lasted four hours. The resolution states that numerous reports of inappropriate behavior from Representative Simons have been publicized which demonstrate a concerning pattern of behavior that corrupts the integrity of the legislative branch. The House passed the resolution expelling Rep. Simons 69-25. 

Moving on to our county related matters...

A bill that requires the POST board to license Reserve Officers (HB 1122) utilized by law enforcement agencies received a Do Pass recommendation from the Senate Judiciary committee. The Sheriffs and Deputies Association supported this legislation which was in response to a bill introduced and defeated last session that would have prohibited the use of Reserve Officers. 

Several election related bills were also heard in the Senate Government and Veterans Affairs Committee. The County Auditors Association testified in opposition to HB 1173 which would require the full text of constitutional measures to be printed on the ballot. While we understand the intent of this bill, auditors believe this will have many unintended consequences and result in issues with executing an election. Burleigh County Election Manager, Erika White provided an example of a 2020 constitutional measure and what that would look like printed in full on a ballot. The measure printed in full took up the entire page of a ballot. The committee did not take action on the bill. 

Senate GVA also heard HB 1238 which will require a polling location in
every legislative district. Mercer County Auditor Shana Brost testified how this would be an issue in their county with only 9 voters in one legislative district. This bill would remove the rational auditors use in deciding where polling locations should be located. It would lead to polling locations in sites that may not be the most efficient or convenient for voters but rather in a place that is required due to the legislative district. We urged the committee to give the bill a Do Not Pass recommendation or amend the bill. 

HB 1146 the SIRN technical corrections bill received a Do Pass recommendation from the Senate GVA committee. This bill will allow for fire and ambulance districts to be eligible for the $1500 state cost share for radios purchased for use in the SIRN project. 

SB 2026 (Road Train bill) was heard by House Transportation Committee on Thursday.  County representatives from the highway and sheriff’s department testified in strong opposition of the bill, stating the safety issues, no local road authority and no compensation for potential infrastructure costs.  Two written resolutions were also submitted from Grand Forks and Richland counties opposing the bills.  There are suggested amendments to the bill, but were not brought forward at the hearing.  No action was taken on the bill.

NDACo supported HB 1157 which provides townships additional levy authority in emergencies. The House Political Subs Committee discussed possible amendments that would extend the 5 year limitation currently in the bill recognizing that townships would need more than five years for debt payment.

Senate Bill 2041 provides a property tax exemption for grain elevators used for personal use to store or process grain or potatoes produced by the owner of the elevator. NDACo offered opposing testimony due to the expansion of an exemption which shifts the property tax burden to other taxpayers. Tax Directors from Walsh and Dickey County presented opposing testimony as cities in their counties would be drastically impacted with this bill.

SB 2260 aligns current accounting practices regarding the co-mingling of the Highway Tax Distribution Fund with county Road & Bridge Levy funds and provides clarity for the county road levies set to expire in 2024. NDACo provided supporting testimony on the bill which House Political Subs gave a Do Pass recommendation.

Click here to view the schedule for next weeks hearings