2019 Legislative Updates
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2019
(Scroll down to see legislative reports)

Legislative Updates

4-6-2019

The next two weeks will nearly complete the session.

SB 2360, the bill that changes the calculation for the farm home exemption was signed by Governor Burgum. It will take effect next year.
SB 2278 will require applicants for the farm home exemption to verify income qualification and it makes those records confidential. Has passed both chambers and is about to be sent to the Governor.
SB 2275 the revolving loan fund bill failed in the House 34-55. However I have been told the Senate has amended the contents of it onto another bill to make the House consider it as part of a package.
SB 2139 would restore the ability of the State Water Commission to cost share with the Water Resource districts for snagging and clearing. This is very important to eliminate log jams on the rivers that threaten our roads. The House Energy and Natural Resources Committee forwarded it to the House with a 14-0 Do-Pass recommendation. On March 27 it was re-referred to the committee for further consideration or work.
SB 2345 has turned into a hot topic; as written, and now even worse as amended, it would seriously limit, if not eliminate, the ability of counties and townships to control feed lots. Townships and counties would no longer be able to establish setbacks greater than the state values. Under current law the local authority may establish setbacks no more than 50% greater than the state; that allowance for variation would be lost. SB 2345 would also require the board to act within 60 days of receiving an application. We have assurances that at least the 50% setback change will be removed in the conference committee. But keep the phones hot and the emails flowing so they know how unpopular this bill is!
 

List of bills affecting townships (Click on bill number to review in the PDF):

Click here for hyperlinked PDF of NDTOA BILL WATCH LIST 2019

Legislative watch list April 2019
NDTOA BILL WATCH LIST 2019

HB 1012 

H.: PASSED

NDDOT budget 

SUPPORT 

 

4/5 S. Approps Cm - DP 14-0 (A)

restore maintnence sections

 

HB 1020 

H.: PASSED

UGPTI budget 

SUPPORT 

 

4/5 S Approps Cm - DP 14-0 (A)

   

HB 1066 

H.: PASSED S.: PASSED 46-0-1

Infrastructure Bill - Township Money $9.4G each

SUPPORT !!!

 

signed by Governor - filed with S.o.S.

Operation Prairie Dog

 

HB 1067 

H.: PASSED S.: PASSED (A) 45-0

advertising threshold bids for bonds - amended to $1M

WATCH 

 

conf: Prairie Rm 4/9 10:00AM

H(Longmuir, Strinden, Adams) S(D.Larson, Anderson, J.Lee)

 

HB 1087 

H.: PASSED S.:PASSED 44-1

allows ag dikes 2' or less without pemit 

WATCH 

 

signed by Governor - filed with S.o.S.

 

 

HB 1117 

H.: PASSED S.: PASSED 45-0

Newspapers post online too at no added cost

SUPPORT

 

signed by Governor - filed with S.o.S.

   

HB 1136 

H.: PASSED S: PASSED 42-0

Regarding bid requirements and partial projects 

WATCH 

 

signed by Governor - filed with S.o.S.

   

HB 1149 

H.: PASSED S.:PASSED( E ) 43-0

May certify gravel free of noxious weeds / fee

SUPPORT

 

signed by Governor - filed with S.o.S.

   

HB 1153 

H.: DEFEATED 12-77

part exempt individual's Elevator on RR lease land in city limit

WATCH 

HB 1158 

H.: PASSED S.: FAILED 2-44

exempt for use tax on purchase under $5,000

SUPPORT

HB 1159 

H.: PASSED S.: FAILED 1-42

contractor exempt for use tax on items he didn't sell

SUPPORT

HB 1165 

H.: PASSED 82-7 S.: FAILED 17-30

repairability etc of nonconforming structures - zoning

WATCH

HB 1167 

H.: DEFEATED lack majority (clincher)

Tower setback 3 times turbine height.  

WATCH 

HB 1173 

H.: PASSED S.: FAILED 2-45

gov.board shall provide copies of procedings n/c

WATCH

HB 1182 

H.: DEFEATED 28-61

Assessment caps 

OPPOSE 

HB 1184 

H.: DEFEATED 26-64

Quick take eminent domain 

OPPOSE 

HB 1193 

H.: PASSED S.: PASSED 35-11

living wage law prohibition

WATCH

 

signed by Governor - filed with S.o.S

   

HB 1200 

H.: PASSED S.: PASSED 31-14

plastic straw bill

WATCH

 

signed by Governor - filed with S.o.S.

   

HB 1201 

H.: PASSED S.:PASSED 43-0

no recall if spec. elect would occur within year of election

WATCH

 

signed by Governor - filed with S.o.S.

   

HB 1210 

H.: PASSED 58-32 S.: FAILED 1-44

Residents in ETZ expansion may vote on expansion  

SUPPORT 

HB 1221 

H.: DEFEATED 19-70

Increase to five years before foreclosure for taxes  

OPPOSE

HB 1222 

H.: DEFEATED 17-71

flat rate income tax 1%

WATCH

HB 1224 

H.: PASSED S: PASSED 46-0

Changes Twp. Zoning Commission to Zoning Board 

SUPPORT 

 

signed by Governor - filed with S.o.S.

   

HB 1229 

H.: DEFEATED lack majority

County would not have to list checks in paper 

WATCH

HB 1231 

H.: DEFEATED 20-70

armed drones

WATCH

HB 1238 

H.: PASSED S.: FAILED 0-47

fee for electric vehicles.

SUPPORT

HB 1239 

H.: DEFEATED 31-59

state vs city or county fines & fees

WATCH

HB 1243 

H.: DEFEATED 12-80

easements must be recorded in 180 days

WATCH

HB 1251 

H.: PASSED S.: PASSED 41-4 (A)

property disclosure requirements by seller

WATCH

 

4/5/ laid over 1 day

   

HB 1261 

H.: DEFEATED 27-62

Balance after tax sale would go to property owner 

OPPOSE 

HB 1264 

H.: DEFEATED lack majority

80MPH

WATCH

HB 1289 

H.: PASSED S.: FAILED 2-44

valuation spot checks

OPPOSE! 

HB 1291 

H.: PASSED S.: PASSED 44-0-3

$120 permanent trailer plate 

SUPPORT

 

signed by Governor - filed with S.o.S.

   

HB 1297 

H.: DEFEATED 34-58

repeal ETZ

SUPPORT

HB 1301 

H.: DEFEATED 15-77

study rumble strips & fuel tax & distribution change

WATCH

HB 1304 

H.: DEFEATED 2-90

bid requirements for public improvements

WATCH

HB 1307 

H.: DEFEATED 15-74

special assessments

WATCH

HB 1340 

H.: WITHDRAWN

tax foreclosure

OPPOSE

HB 1367 

H.: PASSED S.: PASSED 42-3

Study RR Crossings - Safety

SUPPORT

 

signed by Governor - filed with S.o.S.

   

HB 1379 

H.: DEFEATED 37-52

Refer preliminary budget to voters 

OPPOSE! 

HB 1380 

H.: DEFEATED 35-67

Limits levy increase to 3% without a vote. 

OPPOSE! 

HB 1383 

H.: PASSED 73-17 S.: PASSED 42-5 (A)

create environmental impact mitigation fund

WATCH

 

 

   

HB 1390 

H.: DEFEATED 29-60

Levy cap

OPPOSE

HB 1398 

H.: DEFEATED 19-70

annual sessions

WATCH

HB 1399 

H.: DEFEATED 19-72

annual sessions

WATCH

HB 1401 

H.: PASSED S.: PASSED 35-12

tech for remote attendance at interim legislative meeting

SUPPORT

 

signed by Governor

   

HB 1403 

H.: WITHDRAWN

moves cafos siting to ag dept

WATCH

HB 1405 

H.: PASSED S.: PASSED 24-21

prohibiting blocking parking spaces for electric vehicles

WATCH

 

signed by Governor - filed with S.o.S.

 

 

HB 1408 

H.: WITHDRAWN

reinstate DOT section sites

SUPPORT

HB 1424 

H.: PASSED S.: FAILED 9-37

use tax exemption for contractors work for exempt body

SUPPORT! 

HB 1432 

H.: PASSED S.: PASSED 46-0 (A)

purchasing road machinery  used/auction

SUPPORT 

 

H.:Concured/PASSED 90-1

amendment changes statute number

 
 

sent to Governor

   

HB 1436 

H.: DEFEATED 22-69

good guy with a snow blower

OPPOSE

HB 1437 

H.: DEFEATED 30-58

Sales tax for schools. 

OPPOSE  

HB 1449 

H.: DEFEATED 12-76

Change state aid dist. Formula & extraction tax rate

WATCH

HB 1471 

H.: PASSED S.: PASSED 36-10 (A)

prohibit: Cities charging more for permits in ETZ 

SUPPORT 

 

H.: Concured/PASSED 91-0

 

 
 

sent to Governor

   

HB 1474 

H.: PASSED S.: PASSED 45-1 (A)

infrastructure tax & Green field special assessments

OPPOSE

 

conf: Prairie Rm 4/9 10:30AM

H(Dockter, B.Koppelman, Guggisberg) S(Meyer, Unruh, Dotzenrod)

 

HB 1480 

H.: PASSED S.:DEFEATED 13-33

flaring reduction - report & study

WATCH

HB 1481 

H.: DEFEATED 24-68

must substitute appraisal up to 3 yr old for assessed val

OPPOSE

HB 1486 

H.: DEFEATED 11-81

central time

WATCH 

HB 1487 

H.: PASSED S.: PASSED 46-0

H.: Amended - Study of homestead credit

SUPPORT

 

signed by Governor - filed with S.o.S.

   

HB 1488 

H.: PASSED

annual review of special assessment funds

WATCH

HB 1493 

H.: DEFEATED 36-56

anti-drone bill

OPPOSE

HB 1494 

H.: DEFEATED 6-86

BND to charge mkt rate if subdivision taxes for loan

OPPOSE

HB 1497 

H.: DEFEATED 41-49

stand your ground

WATCH 

HB 1503 

H.: PASSED S.: PASSED 43-0

anti-trail cam (permission required)

WATCH

 

signed by Governor - filed with S.o.S.

   

HB 1512 

H.: DEFEATED 20-68

increase homestead credit

WATCH

HB 1514 

H.: DEFEATED 28-62

Repeal tile drainage permit requirement 

OPPOSE 

HB 1521 

H.: PASSED 81-9 (E) (clincher applied)

Ethics, lobbyist etc.

WATCH

 

04/9 & 04/11 S Ethics Cm - 4:00

   

HB 1523 

H.: DEFEATED 34-57

balaces of funds at end of bieneum go to legacy

OPPOSE

HB 1542 

H.: DEFEATED 23-70

task force on autonomus ecosystem

WATCH

HB 1543 

H.: DEFEATED 11-81

autonomous vehicles

WATCH

HB 1545 

H.: PASSED S.: FAILED 7-39

Tax credit for primary res. surcharge on income tax 

WATCH

SB 2010 

S.: PASSED

Ins Dept - Fire & Tornado - bonding (NDIRF)

WATCH

 

2/28 H Approps Cm -

   

SB 2020 

S.: PASSED 44-1

State Water Commission budget - Red River Water supply

WATCH

 

03/26 H Approps (EE) - 9:00

   

SB 2038 

S.: PASSED H: PASSED

energy conversion and transmission facility siting

WATCH

 

signed by Governor - filed with S.o.S.

correcting - part of statute ended up in wrong section in 2017

 

SB 2042 

S.: PASSED

reports by schools and counties receiving Oil GPT

WATCH

 

02/27 H Fin Tax -

   

SB 2061 

S.: PASSED H.: PASSED 72-17 (A)

road use fee for elec and hybrid vehicles

SUPPORT

 

S.: Concured/PASSED 31-16

   
       

SB 2091 

S.: PASSED H: PASSED

allowable building within floodplain

WATCH

 

signed by Governor - filed with S.o.S.

   

SB 2104 

S.: DEFEATED 3-42

state's share of oil and gas taxes

WATCH

SB 2110 

S.: PASSED H.: PASSED 88-0 (A)

cybersecurity

WATCH

 

S.: Concured/PASSED 47-0

   
       

SB 2116 

S.: DEFEATED 2-43

adds Higher Ed to the infrastructure revolving loan fund

WATCH

SB 2133 

S.: PASSED H.: PASSED 87-4-3

RR crossings - penalty

WATCH

 

signed by Governor - filed with S.o.S.

   

SB 2139 

S.: PASSED

Snagging and clearing cost share 

SUPPORT 

 

03/21 H E& Nat Res - DP 14-0-0

re-refered to committee?

 

SB 2148 

S.: PASSED 46-0

Ethics, lobbyist etc.

WATCH

 

04/10 H Ethics Cm - 2:30

   

SB 2151 

S.: PASSED H.: PASSED 89-1(E )

annual permits for vehicles of excessive size or weight

WATCH

 

signed by Governor - filed with S.o.S.

   

SB 2152 

S.: PASSED H.: PASSED 80-11-3 (A)

license anhydrous tanks & mobile storage (A)

WATCH

 

S.: concured/PASSED 43-4

   
 

sent to Governor

   

SB 2166 

S.: DEFEATED 2-44

Increases liability limits for subdivisions 

OPPOSE 

SB 2174 

S.: DEFEATED 4-40

election of water resource board

WATCH

SB 2176 

S.: PASSED 42-4 H.: PASSED 77-9-8 (A)

Road Train Study 

SUPPORT 

 

S.: Concured/PASSED 43-4

House amendment removed "emergency" designation

 
       

SB 2189 

S.: PASSED H.: PASSED 89-0

opens up equalization dates

SUPPORT

 

signed by Governor - filed with S.o.S.

   

SB 2190 

S.: PASSED H.: PASSED 88-1

no longer needed report from county to clerk

SUPPORT

 

signed by Governor - filed with S.o.S.

   

SB 2192 

S.: PASSED H.: PASSED 51-41

county lodging and restaurant tax

OPPOSE

 

signed by Governor - filed with S.o.S.

   

SB 2200 

S.: PASSED H.: PASSED 74-17-3

"farming" does not include growing marijuana

WATCH

 

signed by Governor - filed with S.o.S.

   

SB 2213 

S.: PASSED 40-6 H.: FAILED 27-65

Mandan out of southwest water authority

WATCH

SB 2219 

S.: DEFEATED 16-29

confidentiality of social security numbers

WATCH

SB 2220 

S.: DEFEATED 14-32

tiling permit - "fixer" bill for last session?

WATCH

SB 2235 

S.: PASSED H.: PASSED 90-0

regulation & licensing of contractors

WATCH

 

signed by Governor - filed with S.o.S.

   

SB 2238 

S.: DEFEATED 12-35

Limit eminent domain power

OPPOSE

SB 2241 

S.: PASSED H.: PASSED (A) 68-4

Septic systems - (study)

WATCH

 

S.: Concured/PASSED 46-1

   
 

sent to Governor

   

SB 2244 

S.: PASSED H.: PASSED 65-25

drivers license fees-ND DOT looses money on every license it issues!

SUPPORT

 

VETOED BY GOVERNOR -

reconsider Failed in House

 

SB 2256 

S.: PASSED 33-14 H.: PASSED 76-10(A)

Constitutional measure ballots

WATCH

 

S.: NO concur

   

SB 2261 

S.: PASSED 39-6

mitigating adverse environmental impacts

WATCH

 

4/5 H Ag Cm - DP 11-2-1 (A)

   

SB 2268 

S.: PASSED 47-0 H.: PASSED 82-4(A)

Corridors of commerce (bonding removed)

SUPPORT 

 

S.: Concured/PASSED 45-1

   
       

SB 2275 

S.: PASSED 45-0 H.: FAILED 34-55

infrastructure revolving loan fund - road & bridge projects

SUPPORT! 

 

03/12 H Approps - DNP 15-3-3

"political subdivisions" this includes Townships

 

SB 2278 

S.: PASSED 47-0 H.: PASSED 83-8

FHE applicant must provide verification of income.

SUPPORT 

 

 

Makes records submitted for qualification confidential

 

SB 2282 

S.: PASSED 43-4 H.: FAILED 30-62

legacy fund earnings for economic diversification grant

WATCH

SB 2288 

S.: DEFEATED 18-26

27 cent fuel tax

SUPPORT

SB 2311 

S.: DEFEATED 5-40

recalls of elected officials of political subdivisions

WATCH

SB 2315 

S.: PASSED 28-18

Posting law 

WATCH 

 

Frequent Sub Committee work

 

 

SB 2345 

S.: PASSED

Restricts Twp-Cnty ability to regulate CAFOS 

OPPOSE !!!

 

04/04 H Ag Cm - DP 11-2-1 (A)

BAD AMENDMENT!! MUST BE RE-AMENDED!!!!

 

SB 2351 

S.: DEFEATED 0-46

not needed became part of 2278

WATCH

SB 2360 

S.: PASSED 34-11 H.: PASSED 74-18

changes farm home exemption qualification calculation

SUPPORT !!!

 

signed by Governor - filed with S.o.S.

 

 

 

3-23-19

The infrastructure bill, HB1066 –“Operation Prairie Dog” has passed both chambers and has been signed by Governor Burgum.
Townships in the counties that receive more than $5M of Oil & Gas Tax distributions will see their payments change this mid-summer. The other Townships (most of us) will stand to receive about $9,400 most likely in early 2021. Payments to non-oil Townships will come every second year after that, depending only on the oil production, the oil market and future legislatures. Somehow that doesn’t sound like a sure thing, does it? But for now the forecast has the bucket filling so the full $15M will be distributed this time.
SB 2360, the bill that will change the income qualification for the farm home exemption has passed both chambers with surprisingly good margins and has been sent to the Governor for his signature. This change will restore the eligibility of many that have lost it in the last few years largely because of the way the feds now class some transactions as non-farm income.
Other key votes coming up:
SB 2278, applicants for the farm home exemption will have to provide verification of income qualification on a form set by ND Tax Commissioner. It will also make these records submitted confidential records to safeguard privacy. This bill is in the House with a 13-0 Do-Pass recommendation.
SB 2275 would provide bonding for infrastructure (road and bridge projects now included) in the cities and counties political subdivisions. After passing the Senate unanimously, this very important bill is in trouble with a 15-3 Do-Not-Pass from House Appropriations. There will be a strong effort to overcome the committee on the House floor but if it fails, it is very doubtful the Senate will allow it to die; a way will be found to bring it back.
SB 2139 would restore the ability of the State Water Commission to cost share with the Water Resource districts for snagging and clearing. This is very important to eliminate log jams on the rivers that threaten our roads. It is in the House with a 14-0 Do-Pass recommendation.
Pending committee action:
SB 2345 as written would seriously limit the ability of counties and townships to control feed lots, along with other limits it would have required a local zoning board to act within 60 days of receiving an application. The bill sponsors, the House Agriculture Committee and the ND Dept. of Health have indicated a willingness to address our concerns in an amended version.

**********************

January 28, 2019

Hearings on three farmer’s home exemption bills scheduled.
The Senate Finance and Taxation Committee will hear three bills on Monday January 28, concerning the farm home exemption in the Lewis and Clark Room.
10:00AM SB2351 Would require the income verification form to get the exemption and would make the records provided an exempt record for privacy concerns.
10:30AM SB2360 Would eliminate the $40,000 limit on non-farm income and requires that gross farm income be at least 66% of total income at least every other year.
11:00AM SB2278 Makes records provided for farm home exemption and homestead credit application exempt records for privacy concerns.

**********************
Monday Jan 21, 2019
 was the 11th day of the 66th legislative session and the final day for bill introductions. Two bills dealing with the farmer’s home exemption (FHE) have been introduced; the first SB2351 Senator Cook (Mandan) was his answer to pressure from the Association of Counties to eliminate the FHE. 2351 does not eliminate the exemption but rather forces compliance with the rules for qualification for the exemption making the income verification form mandatory. To quell privacy concerns it also makes the information submitted by the applicant an exempt record so it won’t be released under open records demands.
The second bill, SB2360 Senator Dotzenrod (Wyndmere), would eliminate the $40,000 limit on non-farm income and would set the requirement to be: gross farm income must be 66% of total income and an applicant would have to qualify at least every other year.
At this time neither bill has a hearing date set. Watch this site or the NDTOA page on Facebook for updates. The “Bill Watch List” is being developed and will soon be posted here.

NDTOA Lobbyist and Director of  Governmental Relations, Larry Syverson

Larry A Syverson
NDTOA Executive Secretary
465-150th Ave NE
Mayville ND 58257-9011
Larry.ndtoa@gmail.com
Office: (701)430-1735
North Dakota Township Officers Association - Serving ND Townships since 1966

 

             ************  

2019 Legislature general information:
http://legis.nd.gov/
http://legis.nd.gov/general-information

2019 Legislative Assembly general information, including
Bills, journals, calendars, legislators, committees, deadlines, live videos, roll calls etc
http://www.legis.nd.gov/assembly/66-2019/regular

Legislative Bill Tracking System -
click here: http://www.legis.nd.gov/legislative-bill-tracking-system 

Dates and Deadlines of 66th Legislative Session:
http://www.legis.nd.gov/files/resource/66-2019/legislative-deadlines/2019-legislative-deadlines.pdf

Contact your Legislator:
https://www.legis.nd.gov/lcn/assembly/constituentViews/public/publicviewpointormessage.htm 
Telephone: 888-635-3447

Find your legislative district:
http://www.legis.nd.gov/districts/2013-2022  

District Legislators:
http://www.legis.nd.gov/assembly/66-2019/members/members-by-district

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