ND Legislative Session Nears Crossover

It was a fierce week for lawmakers in terms of acting on bills. The House held several evening floor sessions and Appropriations committee held evening sessions as well. They are on pace to hit the crossover mark Wednesday. Crossover is the legislative deadline for when bills need to be acted on in the chamber of origination. Bills that are still alive will then move over to the other chamber and have a hearing and be voted on by the committee and chamber. So, House bills passed by house members will now move to the senate and vice versus. They will resume session Wednesday, March 5th.

There are a number of priority items to keep watch for in the next few days that will come up for votes. The House Appropriations committee Friday evening gave three property tax relief/reform measures HB 1176, HB 1575 & 1168 do pass recommendations. The major change appropriators made to HB 1176 is shortening the years a vote to exceed the cap is good for from 10 to 4 years. The three House bills each provide the relief using different vehicles from a Primary Residence Credit (1176), reduction in tax rates (1575) and school funding (1168). All three include a cap or revenue limitation for political subs. These bills could be voted on Tuesday or Wednesday. The Senate also has two property tax relief/reform bills waiting to be acted on. SB 2378 has a DNP and SB 2363, which uses the school funding formula to provide relief, has a Do Pass recommendation. Click here to view a list of property tax relief/reform bills that are still active.

Property Tax related, Governor Armstrong signed his first bill, SB 2201, which fixes an oversight related to trusts and the primary residence credit approved by the legislature in 2023. The bill has an emergency clause which takes effect immediately. Primary residences now owned by trusts are eligible for the PRC and are able to retroactively apply for the 2024 credit.

HB 2013 which seeks to provide $50 million in low-interest loans dedicated to jail improvements was passed out of House Appropriations with a Do Not Pass recommendation. This bill along with HB 1176 were introduced to assist counties planning jail expansions. That bill was amended into a study of correctional facility needs.

SB 2128, the Attorney General’s Truth in Sentencing bill was sent out of appropriations with a do not pass recommendation.

The Department of Transportation Budget, SB 2012, got a major rework in Senate Appropriations. The committee merged three bills with proposals for local road funding into the DOT budget. The committee’s actions build upon 2023 legislation to provide more reliable funding for to address state and local government road needs. A big move in policy is dedicating 100% of the motor vehicle excise tax ($360 million) to roads. The Senate plan would also dedicate 1% of Legacy Earnings to provide a total of $447 million into the flexible transportation fund. 50% of those funds would be for state DOT projects and the other 50% ($223 million) to local governments through six different buckets.

HB 1541 was amended to allow local public health units to permit and inspect septic systems but not license septic system installers. The authority to create rules related to licensing, permitting, and inspecting septic systems lies within DEQ’s authority. This bill creates the “Environmental Quality Advisory Committee” which has 7 members, 1 ex officio member from DEQ, 3 licensed installers, and 3 local public health members. The committee is tasked with recommended standards and procedures relating to licensing, permitting and inspections of systems. Local public health and environmental health practitioners support this bill which is still on the Floor for final passage.

With the desire to move the bill through committee, SB 2267 received a Do Pass with amendments. One amendment removed the section that was inserted into public health core competencies of Century Code stating LPHU had no authority over septic systems. Additional discussion without resolution included ultimate responsibility authority through DEQ or the plumbing board. Consideration of the amendments are on the Senate Floor.

SB 2308 passed through committee with amendments.  Among the many state boards and committees being reviewed in this bill is the Onsite Wastewater Technical Review Committee established in the 2023 session. As amended, authority to create septic system rules would move to DEQ.

Here’s a highlight of other bills of importance that were acted on this week:

• HB 1382 – Gas tax increase of 3 cents to counties, townships & cities ($42 million in additional revenue which includes $18 million for counties) PASSED 58-35
• HB 1193 – Law enforcement appreciation grants amended to $3.5 million similar to Back the Blue Grants approved in 2023 Session. PASSED 78-14
• HB 1602 – Allows political subs in NDPERS to opt out of defined contribution plan and fund own plan. PASSED
• SB 2208 – Prohibited counties limiting energy development from receiving Prairie Dog funds. FAILED
• HB 1306 – Expanded free hours for open records requests to 40 hours. FAILED
• HB 1587 – Election related including hand count post-election audit. FAILED
• HB 1287 – Voter Registration – FAILED