North Dakota Township Officers Association - 2021 Legislative Updates
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Legislative Updates 2021 |
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2021 |
| Legislative Updates
2021 North Dakota Legislative Updates NDTOA 67th Session Watch List – Save this link to your browser to follow the list. https://legiscan.com/reports/hamnt69z The colors indicate NDTOA position on each bill. Blue = Watch; Green = Support; Red = Oppose 67th Session Week 1 327 bills have been introduced. January 8th - 2 bills of high interest to townships were introduced; HB 1157 would provide for an emergency excess levy for townships dealing with a disaster; HB 1170 is the township officer recall bill that we have been working on with the Secretary of State. Both bills are attached. I have marked both bills for support. There are two bills dealing with liability limits. HB 1057 is the one developed between NDIRF and State Risk Management, marking this one for support, political subs committee is working on adding an escalator clause or some kind of assurance that the limits will be reviewed occasionally. The other tort cap bill is SB 2129 this one features larger jumps to the limits. Opposing 2129 in favor of 1057 which has a more graduated increase. There is a CAFOS bill again this session, HB 1115 moves state control of zoning by locals from the Department of Environmental Quality to the Ag Commissioner's office. This is a 19-page bill that will need close examination. DEQ was just formed to do these things; it used to be part of State Health. Other bills: SB 2020 UGPTI-NDLTAP Budget – Support funding for our very important partner. Bill action: HB 1038 continues the Legacy Fund Earnings Committee – Passed committee 14-00 SB 2098 Senate Passed – Streamlines impounding and disposal of abandoned vehicles. 67th Session Week 2 587 bills have been introduced. HB 1038 House Passed – Authorizes continuation of Legacy Fund Earnings Committee SB 2012 NDDOT Budget – Presented before House appropriations, will now go to Government Operations Subcommittee. HCR 3001 House Passed – Resolution to Feds to allow larger trucks & road trains on Fed Hwy sys. HB 1101 House Passed – NDDOT may contract to do safety improvements on tribal lands. HB 1102 House Passed – Raises age limit to do online driver’s lic. renewal to 70. HB 1015 – Presented before House Appropriations – Government Operation Division – This bill will carry the Governor’s Bonding Proposal HB 1115 House WITHDRAWN – Moves state control of local regulation of feedlots from Department of Environmental Quality to Ag Commissioner.(reason for withdraw: Currently DEQ has Primacy to control air and water quality, if this bill was passed control would go back to EPA). SB 2129 Senate WITHDRAWN – Bill with higher liability caps (we favor HB 1057) HB 1016 Adjutant General Budget – Presented to House Appropriations – Gov. Ops Division. There are still open disasters, as far back as 2011, held up because townships can’t come up with the 15% FEMA match. Normal FEMA payout = FEMA 75%, State 10%, Local 15%. Discussion indicates the legislature might help with the local share to get these projects done. 67th Session Week 3 The House reached their deadline for bill introduction with 500 bills The Senate has 288 so far with a deadline Jan. 25th at 5 PM Total to this point 788
HB 1200 House Defeated – Levy limit, annual voter approval required to increase levy more than 2% Bill has $21M fiscal note. HB 1325 – House Finance and Tax – Tuesday 9:30 AM – Amended to turn into a study of tax issue for elderly & disabled; will support amended bill. Committee vote: DO PASS 13-0-1
HB 1291 – House Finance and Tax – Tuesday 10:00 AM – Value set by sale if below assessed Committee vote: DO NOT PASS 9-4-1 SB 2020 – Senate Appropriations – Wednesday 10:15 AM – UGPTI / NDLTAP Budget HB 1170 – House Political Subdivisions – Thursday 9:00 AM – Recall of Township Officer. Committee vote: DO PASS 11-3 HB 1224 – House Political Subdivisions – Thursday 9:30 AM – Township levy for enforcement, (for sheriff to enforce township ordinances there would have to be a township / county joint powers agreement, doubtful counties would enter that agreement) Committee vote: DO NOT PASS 10-4 HB 1192 – House Political Subdivisions – Thursday 10:00 AM – Value and levy cap. Committee vote: DO NOT PASS 11-3 SB 2208 – Senate Agriculture – Thursday 10:00 AM – Water Resource procedures & operations Hearing postponed (major amendment in the works?) HB 1157 – House Political Subdivisions – Thursday 10:30 AM – Emergency levy for townships. Amended to add “special meetings”, changed to refer to Chapter 58-04, removed “ HB 1072 House (Re-referred to Appropriations) – Driver can carry electronic copy of license on phone HB 1128 House Defeated – Driving on closed road, removes “knowingly” SB 2120 Senate Passed – Allows increase to 7 members on water resource board HB 1057 House Passed – Liability Caps (Escalator clause added) Currently: 250,000 individual / 1,000,000 per occurrence July 1, 2022: 375,000 individual / 1,000,000 per occurrence July 1, 2023: 406,250 individual / 1,625,000 per occurrence July 1, 2024: 437,500 individual / 1,750,000 per occurrence July 1, 2025: 468,750 individual / 1,875,000 per occurrence July 1, 2026: 500,000 individual / 2,000,000 per occurrence Liability caps must be re-evaluated by the 2027 legislative session. SB 2026 Senate Passed (30-17) – Governor may authorize road train (pilot program) Bill was passed over committee recommendation: DO NOT PASS 6-0 HB 1132 – House bonding proposal – Wheels are coming off the bonding for transportation proposal, all that will remain is bonding for water projects. House leadership put their foot down. 67th Session Week 4 Last date for bill introduction for both chambers has passed. House 501 (1 additional bill has been allowed by Delayed Bills Committee) Senate 344 Bills heard in committee: HB 1025 – House Appropriations – various funding. Several judgements against the state, disaster expenses (FEMA match), and DAPL costs. HB 1086 – House Industry, Business & Labor – Fire & Tornado fund – Changes recommended by NDIRF. Committee vote: DO PASS 13-0-1 HB 1222 – House Political Subdivisions – Repair of non-conforming structures (see sec. 3) Township would have to reimburse owner if repair is not permitted, (pre-damage value) HB 1353 – House Appropriations –Establishes Dept of Water Resources HB 1372 – House Finance and Taxation –Prop Tax Freeze for senior and disabled HB 1481 – House Transportation – road closed for hazardous conditions (snowstorm) Committee vote: DO NOT PASS 9-5 SB 2040 – Senate Appropriations – Bonded debt repayment (minority bill) SB 2208 – Senate Agriculture - Water resource district procedures, amendment offered, but still not good! Seems like it is going to become a study, which we could support. SB 2216 – Senate Agriculture – Definition of the location of feeding operations Committee vote: DO PASS 6-0 SB 2230 – Senate Agriculture – Use of SIIFund – Committee vote DO PASS 6-0 and Rerefer to Senate Appropriations SB 2270 – Senate Finance and Taxation – Senior property tax reduction. Committee Vote: DO NOT PASS 7-0 Chamber Action: HB 1054 House Defeated (11-82) – Abandoned well bond requirements HB 1132 House Withdrawn – House bonding proposal. HB 1157 House Passed (73-16-5) – Emergency levy for townships. (Unlimited 5 year). HB 1170 House Passed (89-4-1) – Removal of Township Officer HB 1192 House Defeated – Limit on values and levy increases without voter approval HB 1224 House Defeated (90-3-1) – Levy for sheriff enforcement of zoning regulations HB 1291 House Defeated – Property selling below assessed t & f value HB 1325 House Passed – Study of property tax breaks for seniors SB 2034 Senate Passed – written advisory opinions regarding ethics SB 2324 – Senate introduced – installation of culverts (stream crossing standards) 67th Session Week 5 Bills heard in committee: HB 1037 – House Appropriations – Investment of legacy fund earnings – ND Investment Board shall invest earnings, end of biennium, 6% of 5-year fund average. HB 1275 – House Appropriations – Infrastructure bonding – minority bill HB 1349 – House Political Subdivisions – Open meetings & records. (Electronic means etc.) HB 1380 – House Appropriations – Economic diversification fund, legacy infrastructure project fund (NDTOA +, NDTC+) HB 1425 – House Finance and Taxation – Legacy infrastructure revolving loan fund. – in-state investment of funds HB 1431 – House Appropriations – infrastructure revolving loan interest rate. (Pollert’s revolving loan version) (NDTOA +, NDTC+) Mostly a water bill; page 8 line 5 $70M for highway fund HB 1437 – House Agriculture – Tiling application streamlining. No opposition. HB 1445 – House Political Subdivisions – Township Equalization any date in HB 1446 – House Finance and Taxation – Use Legacy Fund Earnings for property tax credit for primary residence. HB 1464 – House Finance and Taxation – Fuel tax – Increases tax from .23 to .29 also increases electric vehicle registrations; (fuel tax feeds township mileage formula payments) (NDTOA+) Committee vote: DO PASS 9-5 SB 2230 – Senate Appropriations – Use of the SIIFund. Increases loan guarantee for value added ag or energy projects to $100M, it is currently $50M Committee vote: DO PASS 6-0 REREFER to APPROPRIATIONS SB 2307 – Senate Finance and Taxation – Abandoned oil well fund. It would work against filling prairie dog bucket. Committee vote: DO NOT PASS 6-1 SB 2326 – Senate Finance and Taxation – Property tax reduction for over-assessed property. Committee vote: DO NOT PASS 7-0 HB 1481 House Defeated - $500 fine for driving on storm closed road. SB 1086 House Passed – clean-up Fire & Tornado Fund laws, (administered by NDIRF) SB 2307 Senate Defeated (7-40) – increase fund to abandoned well clean-up SB 2326 Senate Defeated (1-46) – property sold for less than assessed 67th Session Week 6 Bills heard In committee: SB 2012 – Senate Appropriations (subcommittee work) DOT Budget Amendment Sec 4: Disaster Relief Fund for distressed townships $500,000 for grants administered by NDDOT HB 1072 – House Appropriations – Electronic driver’s license HB 1020 – House Appropriations (EE div) state water commission budget. HB 1101 – Senate Transportation – DOT contract for work on tribal highways. HB 1102 – Senate Transportation – online driver’s license renewals. SB 2324 – Senate Political Subdivisions – Culvert installation – Bill was introduced with an amendment, if county or township has not installed required culvert within a year, landowner can sue for damages and legal costs. Seems to eliminate grandfathered crossings. Seems all townships and counties are going to be hit because of some bad actors – officers that use their positions for personal goals. HB 1186 – House Political Subdivisions – Ambulance districts HB 1031 - Senate Government and Veterans Affairs – study of fees by state agencies 67th Session Week 7 Votes in the House: HB 1445 House Passed 94-0 – Township Equalization Dates – any day in April HB 1446 House Defeated 24-69 – Legacy Earnings to pay down property tax on primary residence. HB 1030 House Passed 90-2 – Capitol Building improvements HB 1086 House Passed 94-0 – Fire and Tornado Fund, (NDIRF bill) Votes in the Senate: SB 2012 Senate Passed 47-0 – NDDOT budget – disaster grant for townships SB 2230 Senate Passed 47-0 – Use of SIIFund – value added Ag and Energy projects SB 2208 Senate Passed 45-2 – Water Resources Board Procedures – Assessment Drains Amended to be a study – NDTOA has a non-voting seat on committee. SB 2020 Senate Passed 47-0 – NDSU Ext & UGPTI budget Committees for week 7: HB 1038 – Senate Finance and Taxation – Legacy Fund Earnings Committee – will continue the committee. HB 1057 – Senate Political Subdivisions – Liability limits. HB 1437 – House Agriculture – Subsurface water management. Amendment added for Water Commission concerns maintenance vs construction for cost share. Allows for Deeping & Widening (because of AG Opinion). Committee vote: DO PASS 13-0-1 SB 2020 – House Appropriations – E. E. subdivision – committee work, UGPTI will keep base budget without reductions HCR 3001 – Senate Transportation – Pilot study for truck length and weight on national highways and interstates. (Request for Feds to consider allowing) 67th Session Week 8 Votes in the House: HB 1015 House Passed 80-11 – OMB Budget – Sec 4 $8.1M for townships, $5,000 to each non-oil. HB 1024 House Defeated 46-48 – Ethics Commission budget House reconsidered previous action and re-referred 1024 to Appropriations (Constitution requires the legislature to adequately fund the Ethics Commission) HB 1024 House Passed 61-33 HB 1025 House Passed 86-7 – Funds for judgements against state HB 1072 House Passed 76-17 – Electronic driver’s license HB 1222 House Passed 87-6 – Non-conforming buildings – amended removed requirement that township compensate owner for pre-damage value of property. HB 1464 House Passed 62-32 - Fuel Tax increase – Reduced to 3 cents. Add a study of the impact of electric vehicles on highway funding. Votes in the Senate: SB 2012 Senate Passed 47-0 – NDDOT budget – Sec. 4 disaster grant for townships SB 2230 Senate Passed 47-0 – Use of SIIFund – value added Ag and Energy projects SB 2324 Senate Passed 25-22 – Culvert replacement – 1 year to comply SB 2337 Senate Defeated 5-41 – would have increased engineering thresholds February 26 – Crossover Deadline for bills 67th Session Week 9 March 3- Legislature reconvenes (Legislative day Heard in Committees: HB 1157 - Senate Political Subdivisions – Township emergency levy. Amendment pending. SB 2026 – House Transportation – Road Trains HB 1170 – Senate Political Subdivisions – Removal of township officer. Committee vote: DO PASS 7-0 SB 2216 – House Agriculture – Location of feeding operations. Committee vote: DO PASS 14-0 Bills are now being voted in the second chamber, if they pass now they go to the Governor. If they are amended by the second chamber, they will have to go to conference committee. Votes in the Senate: HB 1101 Senate Passed 47-0 – DOT may contract for work on tribal land HB 1031 Senate Passed 45-2 – Review state agency fees every 10 years HB 1057 Senate Passed 46-1 – Liability limits of subdivisions. HB 1086 Senate Passed 47-0 – Fire and tornado fund (NDIRF bill) HB 1102 Senate Passed 46-0 – Online driver’s license renewals HB 1038 Senate Passed 46-0 – Continues Legacy Fund Earnings Committee HB 1170 Senate Passed 46-1 – Removal of Township Officer 67th Session Week 10 (E) Indicates emergency designation, will become effective immediately once signed Action pending: SB 2026 – House Transportation – Road Trains SB 2020 –House Appropriations (E.E. Div.) UGPTI budget SB 2012 – House Appropriations (G.O. Div)- DOT budget overview $500,000 for distressed Townships (have no funds available for FEMA match) HB 1425 – Senate Finance & Taxation – in state investment of funds. SB 2208 – House Agriculture – Study of assessment drains SB 2230 – House Agriculture – Use of SIIFunds to back revolving loans for value added ag or energy HB 1030 – Senate Gov &Vets – Capitol grounds improvements HB 1072 – Senate Transportation – Electronic copy of driver’s license HB 1437 – Senate Agriculture – Subsurface drainage. Committee vote: DO PASS 6-0 HB 1445(E) – Senate Political Subdivisions – Township equalization, any date in April, return to auditor by 2nd Monday of May – Committee vote: DO PASS 7-0
Returned Amended: HB 1031 Senate Passed 45-2(E) (amended)– Review state agency fees every 10 years SB 2216 House Passed 91-0(E) (amended)– Location of feeding operations.
Final Action: HB 1038 Signed by Governor – Continues Legacy Fund Earnings Committee HB 1057 Signed by Governor – Liability limits of subdivisions. HB 1086 Signed by Governor – Fire and tornado fund (NDIRF bill) HB 1101 Signed by Governor – DOT may contract for work on tribal highways HB 1102 Signed by Governor – Online driver’s license renewals HB 1157 Senate Passed 44-3 – Township emergency levy HB 1170 Sent to Governor – Removal of Township Officer, (changes recall) SB 2068 House Passed 92-0 – responsibility for prosecuting the removal of an officer. 67th Session Week 11 (E) Indicates emergency designation, will become effective immediately once signed Action Pending - Funding bills: HB 1015 – Senate Approps –OMB Budget – Sec 4 $5,000 to each non-oil township HB 1380 – Senate Finance & Tax – Legacy interest – proposed amendment would direct an estimated $58M to Highway Distribution Fund, this amount will grow along with the legacy fund – (townships get 2.7% on miles) HB 1431 – Senate Finance & Tax – Bonding bill –( proposed amendment gives $10M to non-oil townships on miles & $20M to townships through NDDOT grants); $70M for highway fund ($35M for Bridges & $35 for Federal Match); adds $50M to infrastructure revolving loan fund making it $225M. SB 2012 – House Appropriations (G.O. Div)- DOT budget overview $500,000 for distressed Townships (have no funds available for FEMA match) Action pending – Other bills: HB 1016(E)- House Approps- Budget for the adjutant general HB 1030 – Senate Gov &Vets – Capitol grounds improvements HB 1186 – Senate Political Subdivisions – Ambulance districts. Committee vote: DO PASS 7-0 HB 1222 – Senate Political Subdivisions – Non conforming structures HB 1353 – Senate E & NR – Office of State Engineer to be managed by director. HB 1425 – Senate Finance & Taxation – legacy earnings revolving loan fund. Committee Vote: DO PASS 7-0 refereed Approps. HB 1437 (amended)– Senate Agriculture – Subsurface drainage. Committee vote: DO PASS 6-0 (sec 1 - allows reimbursement for snagging and clearing and deepening and widening of assessment drains) SB 2020 –House Appropriations (E.E. Div.) UGPTI budget SB 2026 – House Transportation – Road Trains SB 2121– House Transportation – Seatbelt use. Committee Vote: DO NOT PASS 8-5-1 SB 2138 – House IB&L – Remote meetings for nonprofits. Committee Vote: DO PASS 14-0 SB 2230 – House Agriculture – Use of SIIFunds to back revolving loans for value added ag or energy. Committee Vote: DO PASS (amended) 14-0 refereed Approps. Returned Amended: HB 1031 Senate Passed 45-2(E) (amended)– Review state agency fees every 10 years SB 2216 House Passed 91-0(E) (amended)– Location of feeding operations. SB 2208 House Passed 88-4 (amended) – Study of assessment drains. Final Action: HB 1157 Senate Passed 44-3 – Township emergency levy HB 1170 Sent to Governor – Removal of Township Officer, (changes recall) HB 1445(E) Senate Passed 47-0 – Township equalization, any date in April, return to auditor by 2nd Monday of May SB 2068 House Passed 92-0 – responsibility for prosecuting the removal of an officer. 67th Session Week 12 (E) Indicates emergency designation, will become effective immediately once signed Action pending – Pending bills: HB 1015 – Senate Approps –OMB Budget – Sec 4 $5,000 to each non-oil township HB 1380 – Senate Finance & Tax – Legacy interest – proposed amendment would direct an estimated $58M to Highway Distribution Fund, this amount will grow along with the legacy fund – (townships get 2.7% on miles) HB 1431 – Senate Finance & Tax – Bonding bill –( proposed amendment gives $10M to non-oil townships on miles & $20M to townships through NDDOT grants); $70M for highway fund ($35M for Bridges & $35 for Federal Match); adds $50M to infrastructure revolving loan fund making it $225M. SB 2012 – House Appropriations (G.O. Div)- DOT budget overview Action pending – Other bills: HB 1016(E)- House Approps- Budget for the adjutant general HB 1030 – Senate Gov &Vets – Capitol grounds improvements Committee Vote: DO NOT PASS 7-0 HB 1072- Senate Approps- Electronic copy of driver’s license. Committee Vote: DO PASS 14-0 HB 1325- Senate Finance & Tax- study of property tax relief for retired HB 1349- Senate Political Subdivisions- Open meetings & records – Committee Vote: DO PASS 7-0 (amended) HB 1353 – Senate E & NR – Office of State Engineer to be managed by director. HB 1425 – Senate Finance & Taxation – legacy earnings revolving loan fund. Committee Vote: DO PASS 7-0 refereed Approps. Committee Vote: DO PASS 14-0 SB 2020 –House Appropriations (E.E. Div.) NDSU - UGPTI budget SB 2026 – House Transportation – Road Trains (House amended – placed on calendar) SB 2230 – House Agriculture – Use of SIIFunds to back revolving loans for value added ag or energy. Committee Vote: DO PASS (amended) 14-0 refereed Approps. Returned Amended: HB 1031 Senate Passed 45-2(E) (amended)– Review state agency fees every 10 years HB 1437 Senate Passed 46-0 (Senate amended)* – Subsurface drainage (*likely to face challenge in conference) SB 2216 House Passed 91-0(E) (amended)– Location of feeding operations. SB 2208 House Passed 88-4 (amended) – Study of assessment drains. SB 2068 House Passed 92-0 (amended)– responsibility for prosecuting the removal of an officer (sheriff, commissioner, mayor etc.) Final Action: HB 1157 Signed by Governor – Township emergency levy HB 1170 Signed by Governor – Removal of Township Officer, (changes recall) HB 1186 Sent to Governor – Ambulance Districts HB 1445(E) Signed by Governor – Township equalization, any date in April, return to auditor by 2nd Monday of May HB 1222 Senate Failed (16-29) – Non conforming structures HB 1464 Senate Failed (16-29)- Electric road use fees and fuel tax SB 2121 House Failed (45-48) – Seatbelt use. SB 2138 House Passed (90-4) – Remote meetings for nonprofits. 67th Session Week 13 (E) Indicates emergency designation, will become effective immediately once signed CC – Conference Committee Action pending – Funding bills: HB 1015 – Senate Approps –OMB Budget – Sec 4 $5,000 to each non-oil township Sec 4 slated to be removed in favor of similar fund in HB 1431 HB 1380 – Senate Finance & Tax – Legacy interest – proposed amendment would direct an estimated $58M to Highway Distribution Fund, this amount will grow along with the legacy fund – (townships get 2.7% on miles) HB 1431 – Senate Finance & Tax – Bonding bill –( proposed amendment gives $10M to non-oil townships on miles & $20M to townships through NDDOT grants); $70M for highway fund ($35M for Bridges & $35 for Federal Match); adds $50M to infrastructure revolving loan fund making it $225M. SB 2012 – House Appropriations (G.O. Div)- DOT budget overview Sec 4: $500,000 for distressed Townships (have no funds available for FEMA match) House Amendment to ADD $250,000 to Sec 4 for Townships G.O. Division voted DO PASS, full committee pending at this time. Action pending – Other bills: HB 1016(E)- House Approps- Budget for the adjutant general SB 2020 –House Appropriations (E.E. Div.) NDSU - UGPTI budget SB 2230 – House Agriculture – Use of SIIFunds to back revolving loans for value added ag or energy. Committee Vote: DO PASS (amended $100M) 14-0 refereed Approps. Returned Amended: HB 1006 Senate Passed 47-0 (amended) – Budget of the Tax Commissioner Senate amendment makes machine sale income exempt for farm home exemption. Looks like SB 2041 can now be killed HB 1031(E) Senate Passed 45-2 (amended)– Review state agency fees every 10 years HB 1072 Senate Passed 45-2 (amended) - Electronic copy of driver’s license. HB 1349 Senate Passed 47-0 (amended)- Open meetings & records HB 1353 Senate Passed 36-11 (amended)- Office of State Engineer to be managed by director. Department of Water Resources. HB 1437 Senate Passed 46-0 (amended) – Subsurface drainage – House refuses to concur – C.C. Appointed: Schreiber-Beck, Thomas, Dennis Johnson. SB 2026 House Passed 66-27 (amended) – long vehicle study SB 2041 House Passed 94-0 (amended) – Potato house exemption bill – House amendment makes it a study & makes sale of farm equipment exempt income for farm home exemption. SB 2068 House Passed 92-0 (amended)– responsibility for prosecuting the removal of an officer (sheriff, commissioner, mayor etc.) SB 2216 House Passed 91-0 (E) (amended)– Location of feeding operations. SB 2208 House Passed 88-4 (amended) – Study of assessment drains.
Final Action: HB 1030 Senate Failed 1-46 – Capitol grounds improvements HB 1186 Signed by Governor – Ambulance Districts HB 1325 Senate Failed 7-40 - study of the adequacy of property tax relief for seniors etc. HB 1425 Senate Passed 47-0 – legacy earnings revolving loan fund. Can be used for road and bridge projects with NDDOT approval. (Interest max 2%) SB 2098 Signed by Governor – abandoned vehicles SB 2138(E) Signed by Governor – Remote meetings for nonprofits. SB 2324 House Failed 21-72 – Culvert bill 67th Session Week 14 (E) Indicates emergency designation, will become effective immediately once signed CC – Conference Committee Action pending – Funding bills: HB 1015 – Senate Approps –OMB Budget - Sec 4 $5,000 to each non-oil township HB 1380 – Senate Approps – Legacy interest – proposed amendment would direct an estimated $58M to Highway Distribution Fund, this amount will grow along with the legacy fund – (townships get 2.7% on miles) Committee Vote: DO PASS HB 1395 – Senate Approps. – how to spend covid money =====Possible place to add back the township funding! SB 2012 House Passed 81-10 (amended) - DOT budget - Sec 4: $750,000 for distressed Townships (have no funds available for FEMA match) Action pending – Other bills: HB 1016(E)- House Approps- Budget for the adjutant general SB 2020 –House Appropriations (E.E. Div.) NDSU - UGPTI budget- Committee vote: DO PASS 17-1-3 SB 2230 House Passed 81-10 (amended) – House Agriculture – Use of SIIFunds to back revolving loans for value added ag or energy. Returned Amended: Committee Chair recommends DO CONCUR HB 1031(E) Senate Passed 45-2 (amended)– Review state agency fees every 10 years HB 1072 Senate Passed 45-2 (amended) - Electronic copy of driver’s license. HB 1349 Senate Passed 47-0 (amended)- Open meetings & records HB 1353 Senate Passed 36-11 (amended)- Office of State Engineer to be managed by director. Department of Water Resources. SB 2068 House Passed 92-0 (amended)– responsibility for prosecuting the removal of an officer (sheriff, commissioner, mayor etc.) Returned Amended: Committee Chair recommends DO NOT CONCUR HB 1006 Senate Passed 47-0 (amended) – Budget of the Tax Commissioner Senate amendment makes machine sale income exempt for farm home exemption. House refuses to concur. HB 1437 Senate Passed 46-0 (amended)- Subsurface drainage – House refuses to concur SB 2026 House Passed 66-27 (amended) – long vehicle study – Senate refuses to concur SB 2041 House Passed 94-0 (amended) – Potato house exemption bill – House amendment makes it a study & makes sale of farm equipment exempt income for farm home exemption. – Senate refuses to concur SB 2208 House Passed (amended) study of assessment drains- Senate refuses to concur Final Action: HB 1431 Senate Passed 46-0 – Bonding bill (Township $30M was removed*); $70M for highway fund ($35M for Bridges & $35 for Federal Match). The version passed is the “FIRST ENGROSSMENT” 21.0899.04000 SB 2216 Sent to Governor (E) – Location of feeding operations. 67th Session Week 15 (E) Indicates emergency designation, will become effective immediately once signed CC – Conference Committee Action pending – Funding bills: HB 1015 – Senate Approps –OMB Budget - Sec 4 $5,000 to each non-oil township HB 1380 Senate Passed 47-0 – Legacy interest – proposed amendment would direct an estimated $64M to Highway Distribution Fund, this amount will grow along with the legacy fund – (townships get 2.7% on miles) Action pending – Other bills: HB 1395(E) – Senate Approps. – how to spend covid money =====Possible place to add back the township funding; (but less likely). SB 2046 – House Gov & Vets – PERS bill (public employee retirement system) Rep. Delzer has brought an amendment to turn this into a replacement of HB 1380 but without the highway distribution fund stream. Instead, it gives $60M to income tax buy-down. Returned Amended: Committee Chair recommends DO NOT CONCUR HB 1006 Senate Passed 47-0 (amended) – Budget of the Tax Commissioner Senate amendment makes machine sale income exempt for farm home exemption. In conference. HB 1016(E) Senate Passed 45-2 (amended)- Budget for the adjutant general – In conference. HB 1437 Senate Passed 46-0 (amended)- Subsurface drainage – In conference. SB 2020 House Passed 81-13 (amended) -NDSU UGPTI budget - In conference. Final Action: HB 1031(E) Sent to Governor– Review state agency fees every 10 years HB 1072 Sent to Governor - Electronic copy of driver’s license. HB 1349 Sent to Governor - Open meetings & records HB 1353 Sent to Governor - Office of State Engineer to be managed by director. Department of Water Resources. HB 1431 Sent to Governor – Bonding bill – (Restored to the version passed by the House and then passed by the Senate -Township $30M was removed*); has $70M for highway fund ($35M for Bridges & $35 for Federal Match). The version passed is the “FIRST ENGROSSMENT” 21.0899.04000 SB 2012(E) Sent to Governor - DOT budget -Sec 4: $750,000 for distressed Townships (have no funds available for FEMA match) SB 2026 Both Passed as amended – long vehicle study – townships can say “no” SB 2041(amended) Senate accedes 44-3 – Potato house exemption bill – House amendment makes it a study & makes sale of farm equipment exempt income for farm home exemption. SB 2068 Signed by Governor– responsibility for prosecuting the removal of an officer (sheriff, commissioner, mayor etc.) SB 2208 Both Passed as amended study of assessment drains (irrigation added) SB 2216 Signed by Governor (E) – Location of feeding operations. SB 2230 Sent to Governor - Use of SIIFunds to back revolving loans for value added ag or energy. 67th Session Week 16 (E) Indicates emergency designation, will become effective immediately once signed CC – Conference Committee Action pending – Funding bills: THESE BILLS NEED YOUR SUPPORT !!! HB 1015 Senate Passed 43-4 (amended) – OMB Budget - TOWNSHIP FUNDING! Seems to be no longer “if” but how much and how! HB 1380 Senate Passed 47-0 (amended) – Legacy interest – amendment would direct an estimated $64M to Highway Distribution Fund, this amount would grow along with the legacy fund – (townships get 2.7% on miles) Returned Amended: Committee Chair recommends DO NOT CONCUR: HB 1015 Senate Passed 43-4 (amended) OMB budget – in conference HB 1380 Senate Passed 47-0 (amended) legacy earnings stream – in conference HB 1395(E) Senate Passed 46-0 (amended) – how to spend covid money – in conference. SB 2046(E) House Passed 76-16 (amended) - PERS bill (public employee retirement system) HogHouse Amendment (total replacement of bill language) – in conference. Final Action: HB 1006– Budget of the Tax Commissioner – (amendment to exempt machine sales removed because it is also in SB 2041) – conference settled HB 1016(E)(amended)- Budget for the adjutant general – conference settled HB 1031(E) Signed by Governor– Review state agency fees every 10 years HB 1072 Signed by Governor - Electronic copy of driver’s license. HB 1349 Signed by Governor - Open meetings & records HB 1353 Signed by Governor - Office of State Engineer to be managed by director. Department of Water Resources. HB 1431 Signed by Governor – Bonding bill –$70M for highway fund ($35M for Bridges & $35 for Federal Match). HB 1437 (amended)- Subsurface drainage – conference settled. SB 2012(E) Signed by Governor - DOT budget -Sec 4: $750,000 for distressed Townships (have no funds available for FEMA match) SB 2020 (amended) -NDSU UGPTI budget – conference settled. SB 2026 Signed by Governor – long vehicle study – townships can say “no” SB 2041 Signed by Governor – Potato house exemption bill – House amendment makes it a study & makes sale of farm equipment exempt income for farm home exemption. SB 2144 Sent to Governor – Posting / Trespass Bill SB 2208 Signed by Governor study of assessment drains (irrigation added) SB 2230 Signed by Governor - Use of SIIFunds to back revolving loans for value added ag or energy. 67th Session Finale (E) Indicates emergency designation, will become effective immediately once signed Final Action: HB 1006 Signed by Governor – Budget of the Tax Commissioner HB 1015(E) Signed by Governor –OMB Budget – Township $30M hard cash plus matches HB 1016(E) Signed by Governor- Budget for the adjutant general HB 1395(E) Passed by both (amended) - how to spend covid money HB 1437 Signed by Governor- Subsurface drainage HB 1380 Signed by Governor- provides $60M to highway distribution fund. SB 2020 Signed by Governor -NDSU UGPTI & NDLAP budget SB 2046 Failed Senate–PERS bill (public employee retirement system) SB 2144 Signed by Governor – Posting / Trespass Bill
Legislature adjourned on April 29, the 76thDay – leaving 4 days for redistricting, overturning any vetoes, and authorizing the use of any further federal funds that flow into the state.
Wrap Up for the 67th Legislative Session By Larry Syverson Like any other organization that needed to meet in the midst of the pandemic, the ND Legislature faced some challenges and had to make some adjustments to keep everyone safe. Many of the changes made were a great improvement for citizen access to the legislature, especially the committee hearings. All hearings were made available for viewing online and were recorded so they can be brought up for viewing anytime. A Zoom connection was also used for those that wished to testify before a committee without being at the capitol building. If these changes are maintained for future sessions it will make it much easier for citizens to watch the proceedings and speak to the legislature without traveling from the far corners of the state. There were several bills passed that affect townships. HB 1445 allows that any township may hold its equalization meeting any day in April. Previously that option only applied if the assessor served more than one township. It further sets the deadline for the assessor to turn in the assessment book to the county on the 2nd Monday of May, a change from the 4th Monday in April. This bill passed both the House and Senate with 100% yes votes. HB 1157 allows the voters of a township to set an unlimited emergency levy for up to 5 years to deal with natural disasters or other emergency conditions. This has to be voted at the annual or special meeting of the township and notice of the question must be included with the notice of the meeting. Because of problems that came up when there finally was a recall of a township officer, the Secretary of State requested our help in getting a change in the law passed to clear that up. HB 1170 allows that a township officer may be removed upon a motion at a special meeting called for the purpose of removing that officer. If the motion to remove passes, a replacement officer must be elected at that meeting. HB 1380 will give 60 million dollars of Legacy Fund Earnings to the Highway Tax Distribution fund each July 1st of odd numbered years. That is the fund that feeds the quarterly payments townships get based on the number of miles they maintain, townships get 2.7% of those distributions. A rough estimate is that township payments would increase about $15~$20 per mile, this will begin in 2023. Some townships cannot come up with the local match for FEMA projects; in some cases this has resulted in much of the township being nearly inaccessible. To help them out $750,000 was added in a section of SB 2012, the NDDOT budget. This will be grants through the NDDOT, they have sent out information to all township clerks on how to apply for this grant. The deadline they had for applying was June 18th. If you didn’t get the information, either your clerk did not share it with you or we haven’t gotten the clerk’s correct address. There is further funding for townships in HB 1015, the OMB budget. There are two provisions for townships in non-oil counties. In section 4: In August of 2021 the State Treasurer will distribute 10 million dollars to those townships, which is approximately $6,000 each. Also the Treasurer will distribute 10 million dollars to those townships based on the number of miles each maintain, that will be about $214 per mile. There are other provisions for all townships, in section 5 there is an assignment of 20 million dollars of federal funds to township road and bridge projects through the NDDOT. Section 13 calls for a transfer of general funds to the highway fund with at least 10 million dollars going to matching federal funds for township road and bridge projects. Several of these provisions run the funds though NDDOT so that hopefully they can find federal dollars to match them with, getting much more bang for the North Dakota bucks. One very important provision comes in section 27, it allows the NDDOT to enter into cooperative agreements with, and the ability to expend federal highway funds with, any transferee of the highway distribution fund; and townships are part of that. The new ability for the NDDOT to work with townships is far more important than any of the one-time funds we are receiving. We are grateful to Director Bill Panos for his willingness to work with ND townships!
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| NDTOA Lobbyist and Director of Governmental Relations, Larry Syverson
Larry A Syverson |
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************ 2021 Legislature general information: 2021 Legislative Assembly general information, including |