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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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