House Passes Feedlot Bill Restricting Local Zoning

House members voted 71-19 to pass SB 2345 which relates to animal feeding operations. Amendments made in committee restricts local zoning authority by repealing the 50% variance on setbacks that is currently allowed and requires a local decision within 60 days. During floor debate, members of the House Agriculture Committee acknowledged the push back on the setback changes but stressed that they would like the chance to address this concern in conference committee. 

Several members expressed that they would be voting against 2345 because of the restriction this would have on local control. The bill will now more than likely end up in a conference committee with house and senate members. 

Call to Action: No on 2345 - Restricting Local Zoning Authority

As you may be aware from our Legislative Blog postings, we have followed closely SB2345 that would modify some of the zoning and siting requirements for “animal feeding operations”. At the direction of our Legislative Committee, we had not engaged in the debate, as it was felt that some of the requests for greater certainty were reasonable, and the stakeholders had worked with everyone to advance changes that did not directly diminish local land use control. The changes primarily dealt with timely decision-making.
The bill was amended this week in the House Committee, and many of these changes were also reasonable. However, the elimination of the local zoning authorities’ (counties’ and townships’) ability to modify setbacks by 50% was viewed by our legislative committee (many of them producers themselves) as unacceptable. After meeting today, they unanimously directed that we now oppose the bill.
As this bill is on Monday’s HOUSE floor calendar, we are asking our membership to contact their Representatives urging a NO vote. The link to each House member’s email address can be found below – although don’t hesitate to talk to them personally if you see them this weekend.
Please communicate your own thoughts, but ask that they “VOTE NO (RED) on SB2345 to preserve reasonable local zoning control.”

Click here for list of House Members

Update includes - Social Services, Extension, Criminal Trespass and Feedlot Zoning

SB2124, Social Service Redesign, passed the House today with only 3 votes against, and virtually no debate. Human Services Committee Chairman, Robin Weisz, provided a high level explanation, and there were no questions or other comments. As there were some changes from the Senate version of the bill, it will now go to the Senate Human Services Committee to review and determine if a conference committee is warranted.

The Senate Appropriations passed out HB 1020 the NDSU Extension and Upper Great Plains Transportation Institute. The committee restored the cuts made by the 2017 budget cuts effecting the funding formula between the state and counties to fund Extension program. $870,000 was added to the NDSU Extension budget to restore the funding which would return the formula to the more equitable method. The committee also fully funded the UGPTI road and bridge study. These two funding priorities were of high importance for counties. This bill will go to the House floor and more than likely be further negotiated in conference committee.

The House Agriculture Committee voted 9-3-2 Do Pass today on SB2315 – Criminal Trespass/Posting. The amended version leaves private land open for hunting unless posted and establishes a “Land Access Committee” tasked with studying access to public and private lands in the 2019-2020 interim. The Committee shall provide recommendations regarding electronic posting of land by August 1, 2020 or all land will be considered closed (posted) on that date. The approved version also provides for law enforcement to issue citations for trespassing on private land.

The House Agriculture Committee voted 11-2-2 Do Pass yesterday on SB2345 – Animal Feeding Operations/Zoning. Amendments in the approved version included a requirement for local zoning authority decision within 60 days, repeal of the fifty percent variance on setbacks currently allowed, and added in grandfather permit language for existing operations.

The Week Ahead... Includes Appropriations Committee Work and Conference Committees

There has been a lot of work in Appropriations this week as committees are working to kick out bills. 

Conference committees started meeting today and will really pick up next week. Those meetings are set a day in advance or maybe even in a matter of hours. Stay tuned for updates. 

The House Appropriations passed out SB 2002, the Secretary of State's budget which included $11.2 million for new election equipment. They also passed out the Social Service Redesign bill, SB 2124. Watch for both of those on the House floor next week. 

The House also approved SB 2278 Thursday which relates to the farm residence exemption. This bill requires the individual who wants the exemption to provide the information necessary to determine their eligibility for the exemption, it also offers that the information is a confidential record. 

Follow the link to view a status of our priority bills: https://drive.google.com/open?id=1Pa3eViHjSCC_-7wO0fdIslXaUHtqeV7G

Legislative Update 4-3-19

Governor's Veto on Drivers License Fees Stands

The North Dakota House failed Tuesday to get enough votes to override the Governor's veto on a bill to increase Drivers' License fees. The bill sought to raise the cost of a non-commercial license from $15 to $30. The cost has not increased in 32 years. Currently, the state is subsidizing the cost of driver's license because the fees do not cover the cost of a drivers' license. the DOT has stated that they will be $5 million short of running the program in the 2019-21 biennium. NDACo supported the bill because that $5 million is being taken from road funding to make up the loss. The House's 47-44 vote fell short of the two-thirds majority needed to override the Governor's veto. The Senate voted last week to challenge the Governor. 

HB 1534 - DUI Clean Up Receives Final Passage

The Senate approved a bill to clean up the DUI statute and comply with recent Supreme Court cases. HB 1534 does not address penalties but only seeks to modify the procedures officers must undertake during the DUI arrest process. Unfortunately, as there are approximately 6500 DUI arrests each year in North Dakota, the Courts are constantly being asked to interpret our DUI statutes. A prime example of this came in 2017 when the North Dakota Supreme Court determined urine tests fall into the category of tests requiring a warrant. This decision modified our current statute thereby causing confusion for officers on the street.

This bill seeks to take a different approach. As opposed to specifying the procedure by statute which may have to be modified after every court case, this bill simply says officers should comply with the requirements of the State and Federal Constitution as expressed by the Courts. That way if or when a court case changes the procedure we do not have to come back and again rewrite the statue.

This bill also makes some changes which were missed in the last couple of sessions which has caused for confusing with suspects, officers and the courts. It also includes an emergency clause so the changes will take effect as soon as the bill is signed by the Governor. 

Senate debates bill to prohibit sale of E-Cigs to Minors

The Senate debated an amendment to engrossed House bill 1477 prohibiting the sale of flavored e-liquid to minors.  The proposed amendment

would have made sale or furnishing of tobacco in any form to minors a class B misdemeanor.  The bill was ultimately divided and the Senate amendment failed.  The Senators then passed the remaining section of bill which was as received from the House.  As passed, HB 1477 provides for a $500 fine for each e-liquid product or device sold or offered for sale to a minor. 

Appropriations Committees Act on Priority Bills  HB 1004, the ND Department of Health budget, passed out of Senate Appropriations today. No changes were made to Local Public Health funding, meaning the $525,000 reduction in the Governor’s budget which was added back in by the House remains. Senate amendments to the health department budget include $200,000 in general funds for sexual violence primary prevention and intent language to implement electronic access to vital records through web access or kiosk in cooperation with other state agencies. The vital records electronic access was added with regards to the increased fees for obtaining the records. HB 1004 now moves to the Senate Floor. 

The House Appropriations passed out the Social Service Redesign bill, SB 2124 with a vote of 18-2. This includes amendments discussed in a prior blog post from changes made in the House Human Services committee. This bill now moves to the House floor.

SIRN & other law enforcement related bills have successful outcomes

There were four major bills impacting law enforcement that had floor action on Monday. We were successful in getting the bills amended and passed out that we wanted to see advance and we were able to kill two that were very concerning. 

First off, the Senate unanimously approved HB 1435 which has been a high priority for not only law enforcement and our public service community but counties as well. This is the Statewide Interoperable Radio Network (SIRN) bill. The bill provides the last step in the 10 year collaborative to study, develop and fully fund a replacement public safety communication system. The Senate amended the bill to restore $40 million that was included as introduced but was later removed by the House Appropriations. This bill will go to the House to decide if they will concur with the change or not concur, which will then trigger a conference committee of House and Senate members to negotiate. 

The Senate passed HB 1286 (46-1), asset forfeiture reform as amended. Law enforcement worked closely with the Senate Judiciary chair on amendments to address concerns by the prime sponsor but yet provide support from law enforcement. While this was a success for today, the work on this bill is not over. HB 1286 will go back to the House for the Judiciary committee to decide if they will concur with the change or not concur with the senate changes. I would encourage those of you with members on the House Judiciary to urge them to support the Senate version of HB 1286. The bill as it stands now, is about as much of a compromise as our law enforcement community is willing to make.

The Senate killed HB 1290 (4-43), the bill restricting law enforcement on private property without permission. The bill was amended into a study and then defeated.

The Senate also defeated HB 1206, which would have allowed for a new firearms license (Class 1 Exempt) and allowed those individuals with the additional training to be allowed to carry firearms at public events, and in public buildings and churches.


Law enforcement had a strong presence on the Senate floor Monday, thank you to those who were engaging with legislators in person and via email.

Update for 3-28 and look at week ahead

There is only one bill on our tracking list that is scheduled for a hearing next week. A subcommittee of the House Agriculture committee on SB 2315 the private property rights bill that relates to hunting access is meeting Monday at 3:15 in the Peace Garden room. 

Other than that bill, the week will be filled with floor action and monitoring committee work. In addition, conference committees could be scheduled starting next week on bills where the House and Senate have differences. 

Two major law enforcement bills will be voted on in the Senate Monday. HB 1286 relates to asset forfeiture and HB 1290 relates to restricting law enforcement from searching private property. Law enforcement and state's attorneys worked on an amendment to HB 1286 and supports the amended version. They are asking for a Do Not Pass on HB 1290. 

Senate Appropriations will hear HB 1435, which funds the Statewide Interoperable Radio Network (SIRN). The Senate GVA voted to restore $40 million of state funds included in the bill when introduced but was removed by House Appropriations. We will be urging the committee to keep the $40 million in the bill to illustrate the state's commitment to the project. 

The House approved the amendments on the Social Service Redesign bill, SB 2124, it has been referred to House Appropriations. 

The Senate over turned the Governor's veto on increasing driver's license fees. The proposal raises the cost of a non-commercial driver's license from $15 to $30. At current levels the fees do not cover the costs. Fees have not been raised in more than 30 years. 

Expect to see numerous gun related bills on the Senate floor Friday or Monday including one to allow for armed first responders in schools and to allow for a new firearm license, Class 1 exempt, that requires more training but would allow the licensee to carry in public places. 

Here is a summary of bills on our tracking lists that had floor action this week: 

• Edible medical marijuana - defeated in Senate
• HB 1270 which required counties to consult with district party leaders and legislators on precinct boundaries - defeated in Senate
• Increased EMS levy if approved by voters - passed in Senate  
• Crime to damage infrastructure - passed in House
• Operation Prairie Dog III bill which would have allowed a revolving loan for infrastructure funds to be available to political subdivisions - defeated in House