68th Legislative Assembly

May 1, 2023

In the early hours of Sunday morning, the 68^th Legislative Assembly adjourned Sine Die, using a total of 75 legislative days.  There were 990 bill and resolutions that were introduced. Governor Burgum had signed 538 bills through Saturday, with 45 bills awaiting action. He has 15 business days – until May 19 – to act on the remaining bills. The legislatively approved budget contains general fund expenditures of $6.1 billion and a total budget of $19.6 billion. Some of the major topics over the session included social issues, tax relief, workforce, the PERS retirement system, and Legacy Fund earnings. NDMCA saw wins this session including funding for infrastructure, increased flexibility in permit fees and sizes, and safety. We were also able to hold the line against bad bills. Here is a run down of some bills we watched in the final week.

1012: DOT Appropriations budget cleared both Chambers with a total of roughly $2.3 billion. Here are the highlights of the final bill.

• State matching funds: $114 million
• Federal highway funds: $290 million
• State flexible transportation fund: $51 million
• Roadway management system project: $6.25 million
• Hwy 85 loan authorization: $50 million lending authority
• Red River Vally Flood Control project: $28.5 million lending authority
• Creation of the Legacy Earnings Highway Distribution Fund
  • 60% transferred to the State Highway Fund
  • 10% transferred to the Legacy Earnings Township Highway Aid Fund
  • 1.5% transferred to the Public Transportation Fund
  • 28.5% allocated to cities and counties
• Creation of Legacy Earnings Township Highway Aid Fund
• Authorization for 50% of Motor Vehicle Excise tax revenues to go to the Flexible Transportation Fund

2168: Originally a bill to increase fines associated with speeding, it was amended to also raise the speed limit to 80 mph on access-controlled, paved and divided, multilane interstate highways.  It failed as amended in the Senate.

2169: Originally, this bill targeted safety by increasing the fee by $100 for a variety of violations if an individual had been convicted 3 or more times in the last 5 years. It was amended to include a fee of $500 for a driver of a noncommercial motor vehicle and $1,000 for a driver of a commercial motor vehicle if the driver of a motor vehicle becomes stranded on a closed road and requires assistance from law enforcement or if the vehicle obstructs the road. However, ultimately the bill failed in the Senate in its amended form.

1158: North Dakotans will see tax relief to the tune of $515 million. Components include: a $500 property tax credit on primary residence, $53.5 million for the homestead tax credit, and a 3-bracket income tax with percentages of 0%, 1.95%, and 2.5%.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

April 24, 2023

Friday marked Legislative Day 69.  Activity is ramping up as legislators worked into the evening on Thursday and Friday and held conference committee meetings on Saturday. Legislators are hoping to finish their work by the 28^th. Things will likely move at a rapid pace – here are some of the key bills we’re still watching.

1003: This is the ND University System appropriations bill.  It includes reauthorization of the Career Builders program, which is a public/private partnership for in-demand occupations such as CDLs and diesel technicians. It is currently in conference committee.

1011: This is the Highway Patrol Approprations bill. Among other things, the Conference Committee settled on 1 additional sworn MCSAP trooper.  It has been approved by the House and will go to the Senate for final consideration.

1012: The DOT appropriations bill came out of conference committee Saturday morning.  It now needs to go through both Chambers for final approval.

1158: This is the currently the vehicle for tax relief.  The conference committee has met 13 times and will likely finish its work on Monday.

1379: This bill determines how Legacy Fund earnings should be utilized. The conference committee has concluded its work and includes $100 million for highway infrastructure.

2168: Originally a bill to increase fines associated with speeding, it was amended to also raise the speed limit to 80 mph on access-controlled, paved and divided, multilane interstate highways.  It is coming out of conference committee.

2169: Originally, this bill targeted safety by increasing the fee by $100 for a variety of violations if an individual had been convicted 3 or more times in the last 5 years. It is being amended to include a fee of $500 for a driver of a noncommercial motor vehicle and $1,000 for a driver of a commercial motor vehicle if the driver of a motor vehicle becomes stranded on a closed road and requires assistance from law enforcement or if the vehicle obstructs the road.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

April 17, 2023

The Chambers did not gavel in on Friday, April 14^th in order to save one of their 80 Legislative Days. To date, they have used 65 and now could be in session until May 5^th.

2168: The original intention of this bill was to increase fines associated with speeding.  While it still does that, it was amended by the House.  It now includes a component requiring adult passengers to pay their own fine if not wearing a seatbelt.  It also raisings the speed limit to 80 mph on access-controlled, paved and divided, multilane interstate highways, unless otherwise permitted, restricted, or required by conditions. This is in response to the Governor’s veto. It passed out of the House 66-24-4 and has gone back to Senate.

1379: This bill determines how Legacy Fund earnings should be utilized. It passed out of the Senate significantly amended with the bulk of the funds going to the General Fund and SIIF.  However, it currently includes $100 million to the Legacy Earnings Highway Distribution Fund that would be available for infrastructure. It also includes $225 million for tax relief.  Stay tuned as this will be heading to conference committee and will likely change again before it is finalized.

1158: This is the currently the vehicle for tax relief.  The conference committee has met several times and is inching closer to agreement. It is likely that the final product will include income and property tax relief at some level, along with an increase to the Homestead Tax Credit.

Several agency appropriations bills have been passed out of both Chambers and are now headed to conference committee. Here are a few of the agency bills we’re watching closely along with the differences:

• 1003: This is the ND University System appropriations bill.  It includes reauthorization of the Career Builders program, which is a public/private partnership for in-demand occupations such as CDLs and diesel technicians. It also includes additional administrative flexibility.  A $15 million appropriations was included in House version – it left the Senate at $6.8 million.
• 1011: This is the Highway Patrol Approprations bill. Highway Patrol requested 2 additional sworn MCSAP trooper at the start of the session.  The House gave them 1, and the Senate changed it to 2.
• 1012: The Senate’s version of DOT appropriations bill at $2.3 billion is a decrease from the House’s $2.4 billion version. While the two chambers had different approaches to the proposed funding mechanisms,  both included a significant amount of funding for infrastructure. Both chambers seem to be in agreement of utilizing 50% of Motor Vehicle Excise tax revenues for infrastructure.  Previously 100% of the Motor Vehicle Excise tax revenues went to the General Fund.
• 1020: The Upper Great Plains Transportation Institute appropriations bill left the House with $432,600 for a transportation data intelligence center and $300,000 for a freight transportation & logistics study. The Senate added $108,000 for the freight transportation & logistics study.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

April 4, 2023

The second period of the legislative session is coming to a close as policy committees start to wrap up. Thursday, March 30^th was the official deadline for rereferrals of bills in the second house to Appropriations Committees.  Agency appropriations bills are starting to be kicked out and Conference Committees will start soon. Appropriations Committees will need to continue to look for areas to cut as there would be a deficit of $1.37 billion if all the bills still in play were approved.

This week saw some action on the tax relief discussion.  HB 1158, which originally would have established a 1.5% flat tax rate was amended by the Senate considerably and currently includes property tax relief as well by increasing the number of mills paid by the state for school funding as well as the Homestead tax credit.  It has passed out of the Senate.

HB 1475 would increase the speed limit on the interstate to 80. It passed both Chambers but was vetoed by the Governor this week who cited the Vision Zero initiative to reduce traffic deaths as the reason. He also noted his desire to have a primary seatbelt law in place.

SB 2362, which would make not wearing a seatbelt a primary offense, has passed out of both Chambers.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

March 27, 2023

Week 12 finished on Legislative Day 51 of the allowed maximum 80 days. While the number of hearings is winding down, there is still much work to be done and committee work is ramping up.

2388: This bill regarding medical marijuana, was amended in the House to clarify that an employer is not prohibited from disciplining an employee for working with marijuana in the employee’s system. It has been returned to the Senate. Kudos to Rep. Matt Ruby for introducing the amendment.

1379:  The “Streams” bill, this will determine how Legacy Fund earnings should be utilized. Currently the bill includes the use of 7% of the 5 year average.  Among a variety of other things, those earnings would fund $60 million for the Highway Tax Distribution Fund, $100 million for a county and township bridge fund, $10 million for a Workforce Development & Enrichment Fund, and $200 million for tax relief. An amount equal to 1% of the 5 year average value of the legacy fund assets would become part of the principal. It’s important to note that this bill is expected to change as the session moves forward.

1158:  Originally, this bill was focused on establishing a 1.5% flat tax rate.  It has been amended by the Senate considerably and currently includes property tax relief by increasing the number of mills paid by the state for school funding as well as the Homestead tax credit.  This enables any person sixty-five years of age or older or permanently and totally disabled that meets certain income requirements to receive a reduction in the assessment on the taxable valuation on the person's homestead. The income tax relief portion of the bill currently eliminates income tax for the bottom tax bracket. There are 4 tax brackets after that, with rates ranging from 2.04% up to 2.9%. Total tax relief of $600 million has been discussed as the budget, and legislators have indicated that the amount will be divided into both property and income tax relief.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

March 20, 2023

Week 11 marked a critical step in the legislative process as appropriators received a revenue forecast from both S&P Global and Moody’s Analytics.  Legislators compare the information and use it to determine the amount of funds available to allocate for the next two years.

Legislative Council presented a report to the Appropriations Committees that reflected an overall increase of $33.4 million to the General Fund for the 21-23 biennium based on the new information. The report also indicated an increase of $57.5 million for the 23-25 biennium. Approximately $17.1 million in unspent General Funds was also added to the biennium’s ending balance. The revenue forecast adopted by the Legislature includes flat oil production over the next 3 years at 1.1 million barrels per day.  The price per barrel is projected to slightly decline for the next biennium, dropping to $62 per barrel for 2025.

While news of extra funds is welcome, it will not be sufficient to cover the roughly $1 billion gap they need to address in order to balance the budget for the upcoming session.

In addition, here are a few of the policy bills that were heard this week.

• 2113: This would create a Flexible Transportation Fund, enabling DOT to have match for federal grants and funds for local roads and bridges. Testimony was provided in support.
• 1181: This would increase the width of oversized permits from 10 to 12 feet and enable travel at night with proper lighting. Testimony was provided in support.

2219: This would allow individuals to keep their license if they fail to pay child support, fees, and fines. Proponents of the bill feel that people with suspended licenses are prevented from going to work and may still drive uninsured.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

March 13, 2023

Week 10 of the session concluded with Legislative Day 41. Legislators continued to dive into appropriations bills.  They will need to continue to look closely at each bill.  According to information from Legislative Council, the General Fund would be $1.2 billion overspent if the bills that made it through Crossover were all approved. Here is a deeper dive on the current status of a few of the agency bills that impact NDMCA.

1011: Highway Patrol appropriations bill currently includes 1 additional MCSAP trooper.  The Highway Patrol would like a total of 4.  There is a $427,000 line item for the Motor Carrier program, as well as $1,648,955 from the motor carrier electronic permit transaction fund for defraying various expenses associated with the issuance of permits and other nonenforcement motor carrier and administrative activities.

1020: Upper Great Plains Transportation Institute appropriations bill includes $432,600 for a transportation data intelligence center and $300,000 for a freight transportation & logistics study.

Work continues on policy bills as well.  Here are a few that were heard this week.

• 2299: This bill attempts to deter the theft of catalytic converters by requiring scrap metal dealers to have a fixed business premises, obtain a sales and use tax permit from the Tax Commissioner, and register with the Attorney General.  Testimony was given in support.
• 1475: This would increase the speed limit on the interstate to 80. Neutral testimony was made highlighting the importance of a consistent speed limit for all types of vehicles.
• 2362: Primary Seatbelt bill. Testimony was provided in support.

Update on previous bills:

• 1102: Enables DOT to apply to multiple federal agencies. Senate made amendments and it has been returned to the House.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

March 6, 2023

Despite a morning delay due to weather, the Legislature resumed hearings on Wednesday March 1^st after a break for Crossover. To save Legislative Days, the Chambers did not gavel in for Floor Sessions until Friday, March 3^rd. Much of the work this week focused on appropriations. Appropriations Committees will have less time to do the same amount of work in the second half because they will need to allow time for conference committees.

This week, agency overviews were provided for the following appropriations bills: DOT, Upper Great Plains Transportation Institute, and University Systems.  NDMCA will be tracking components of those bills very closely in the coming weeks.  The bills provide important appropriations to address infrastructure needs, data analysis, and workforce programs.

We can expect bills to get even closer scrutiny as they make their way to the finish line, especially those with appropriations attached.  Legislators will need to ensure that everything balances, and they don’t overspend.  Overall, of the originally submitted 983 bills and resolutions, approximately 750 remain active.

Update on Prior Bills:

• 1060: This bill provides more flexibility for permit fees, including a monthly option. It has successfully passed both Chambers.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

February 27, 2023

After lengthy Floor sessions, the Legislature concluded the first half on the session on Wednesday, February 22^nd.  As previously mentioned, this means that all bills that passed in their respective houses will now crossover to the other chamber.  Bills that failed will not be considered again in the other chamber. Below is a list of the status of the North Dakota Motor Carrier Association’s priority bills to date. The legislature reconvenes on Wednesday, March 1^st to consider bills that are still in play.

February 20, 2023

As Week 7 came to a close, legislators were putting in long hours to ensure all bills are addressed prior to Crossover.  A variety of topics have been discussed at length, including tax relief, social issues, eminent domain, and foreign ownership. Appropriations committees on both sides will continue their work early next week as bills that include appropriations are usually some of the last bills to get to the floor for a vote.

1012, which is the $2.4 billion DOT Appropriations bill, has passed out of the House with a vote of 86 yeas and 5 nays. Some items included in the bill are as follows:

• 16 new FTEs, of which 2 will be traveling CDL testing positions to provide more accessibility to rural locations (at sites that meet the criteria.) Operating funding of $151,976 was provided to help facilitate this.
• Federal discretionary funds and match – $490,000,000
• State flexible transportation fund – $115,000,000.  This will be used for city, county, and township roads.
• A $50 million line of credit with the Bank of North Dakota for Hwy 85. This will enable DOT to access matching funds quickly if they receive a grant.
• A $28.5 million line of credit with BND, contingent on matching funds from MN, to address northern Red River valley flooding issues impacting roadways.
• Roadway management system project – $6,250,000
• Automated vehicle location – $2,010,000.  This will provide information on the location on snowplows.
• Flood projects study – $5,000,000 for studies, preliminary engineering, and environmental studies to address northern Red River valley infrastructure affected by flooding.
• Construction of a rest area and visitor center in western North Dakota – in the Painted Canyon area.
• Requires 50% of the Motor Vehicle Excise Tax revenues to be transferred to the State Highway Fund. Traditionally, all funds have been transferred to the General Fund.
• Enables of carryover funds to be used, including $10 million for the maintenance and improvement of township paved and unpaved roads and bridges. This also includes the ability to use $35 million of bond proceeds.

Some bills have already crossed into the other chamber and had hearings this week.

• 1102: Provides DOT the authority to apply for federal grants from different agencies.  Testimony was given in support. It received a Do Pass recommendation out of committee.
• 1060: This bill provides more flexibility for permit fees, including a monthly option. Testimony was given in support. It received a Do Pass recommendation out of committee.

Update on previous bills:

1253: This would require a tarp or other method to prevent aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping.  The bill was amended to strip the tarping requirement and increase failure to secure the load fine from $20 to $100. After heated and lengthy floor debate, the amendment was not adopted, and the bill ultimately failed.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

February 13, 2023

With the conclusion of Week 6, legislators have 2 weeks left until crossover.  Crossover is when all bills need to be voted on in their House of origin and sent over to the other House to repeat the process.  Because of this, we can expect Floor sessions and Appropriations hearings to ramp up in terms of length as they work to get through bills. A unique aspect of the North Dakota Legislature is that all bills introduced and not withdrawn prior to their committee hearings must go to the Floor for a vote. While a bill may receive a “Do Not Pass” recommendation from a committee, it must pass or fail in a floor vote. Bills defeated on the Floor do not resurrect on the other side of the legislature.

HB 1527: This bill would require every private employer to obtain a license to employ/hire a worker. This would have expanded government by requiring the Department of Labor to create and maintain an entirely new licensing system.  Business may have been required to close without review or judicial action.  Fortunately, it came out of committee with a Do Not Pass recommendation and died on the Floor.

Update on prior bills:

• HB 1475: This would increase the speed limit on interstates to 80. Passed out of the House.
• HB 1295: This would only require 1 license plate on a vehicle. Passed out of the House.
• SB 2362: Primary Seatbelt bill. Passed out of the Senate.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

January 30, 2023

Week 4 marked the deadline for the Senate to submit bills. The current bill count is 959.  There may be a few more that trickle in.  We are starting to see bills that address broader labor issues such as minimum wage and family medical leave. There will be more to come on these issues next week.

 Some of the bills heard this week:

• 2275: Would move the Prairie Dog bucket (funding for political subdivisions that can be used for infrastructure) ahead of the Strategic Investments and Improvements Fund (SIIF).  This means that those funds for infrastructure at the local level would be available more quickly. NDMCA testified in support.
• 1253: Would require a tarp or other method to prevent aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping. NDMCA testified in opposition.
• 1475: Would increase the speed limit on the interstate to 80 mph.
• 2219: Would allow individuals to keep their license if they fail to pay child support, fees, and fines. Proponents of the bill feel that people with suspended licenses are prevented from going to work and may still drive uninsured.
• 1208: Would have exempted an individual from having a North Dakota Commercial Driver License to perform agricultural labor here on a H-2A visa. It failed in the House.
• 1295: Would only require 1 license plate on a vehicle.

 Update on previous bills:

• 1181: This would increase the width of oversized permits from 10 to 12 feet and enable travel at night with proper lighting.  Passed out of House.

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

January 23, 2023

Week 3 saw the deadline for Representatives to submit bills. Currently there are 909 bills, with more to come in the next week.

Some of the bills heard this week:

• 1020: The House Appropriations Government Ops Division began work on the Upper Great Plains Transportation Institute appropriations bill.  Testimony in support was provided on NDMCA’s behalf.
• 1011: Additional work was done on the Highway Patrol’s appropriations bill. Testimony in support was provided on NDMCA’s behalf.
• 1012: Work continued on DOT’s appropriations bill.  Testimony in support was provided on NDMCA’s behalf.
• 1147: Would create a county and township bridge fund using a portion of Legacy Fund Earnings. Testimony in support was provided on NDMCA’s behalf.
• 1181: This would increase the width of oversized permits from 10 to 12 feet and enable travel at night with proper lighting.  Passed out of committee.

Update on bills from last week:

• 1030: Reauthorizes the Career Builders program, which is a public/private partnership for in-demand occupations such as CDLs and diesel technicians. Passed out of committee.
• 1032: This would provide $1 million to provide financial assistance to students eligible for high demand certificate scholarships. Would provide $500 to eligible applicants enrolled in a CDL program at an accredited institution or other program approved by the board of career and technical education. The bill was amended to provide up to $1,500 for CDL certificates and passed out of committee. 

If you have any questions or concerns of how an issue might affect you, email ga@ndmca.org.

January 16, 2023

The second week of the legislative session ended on Day 7 of the permitted 80 legislative days. Currently there are 621 bills, with more expected to come over the weekend and early next week.  Representatives may submit no more than 5 bills after January 11^th with a final deadline of January 18^th. Senators may not submit a bill containing an appropriation clause after Monday, January 16^th and may submit no more than three bills after the 16^th with a final deadline of January 23^rd.

Here is a look at some of the activity we saw this week relating to transportation.

1011: The Highway Patrol gave the House Appropriations Committee an overview of their agency and budget requests, which included 2 sworn MCSAP troopers.

1012: The Government Operations Division of House Appropriations took a deeper dive into the DOT budget request.  One topic of discussion was the possibility to have CDL testing at part time sites. The availability of different types of roadways was identified as a barrier.  CDL wait time for road tests is down to 19 days.

1030: Reauthorizes the Career Builders program, which is a public/private partnership for in-demand occupations such as CDLs and diesel technicians.

1032: This would provide $1 million to provide financial assistance to students eligible for high demand certificate scholarships. Would provide $500 to eligible applicants enrolled in a CDL program at an accredited institution or other program approved by the board of career and technical education. Testimony in support was provided on behalf of NDMCA

1141: Requires people to move over if there are flashing yellow lights, regardless of vehicle type. It received a Do Pass recommendation out of committee.

If you have any questions or concern of how an issue might affect you, email ga@ndmca.org.

January 9, 2023

Last week marked the first week of the 68^th legislative assembly.  The Governor provided a State of the State address, in which he called for significant investment in infrastructure and highlighted the need to address the state’s workforce challenges and provide tax relief.

Transportation had a flurry of activity this week.  Here are a few of the bills that were covered.

• 1012: Work began on DOT’s appropriations bill (HB 1012) this week. In general, they are seeking a shift to receiving general funds and increased flexibility in how funds are spent.  The request included $540.3 million of state funds.  They also requested 29 additional FTEs to meet their current needs.
• 1060: This bill provides more flexibility for permit fees, including a monthly option. It has passed out of the House.
• 1081: Allows DOT to complete an electronic vehicle charging tax study.  This would look at ways to capture revenue from out of state EVs. It received a Do Pass recommendation out of committee.
• 1102: Provides DOT the authority to apply for federal grants from different agencies and a continuing appropriation.
• 1103: Allows DOT to access $35 million from the infrastructure revolving loan fund.  These funds were authorized last session and weren’t utilized due to lack of matching federal funds.
• 2113: Allows the creation of flexible transportation fund. It received a Do Pass recommendation out of committee.

If you have any questions or concern of how an issue might affect you, email ga@ndmca.org.