67th Legislative Assembly

May 3, 2021

Final Week 17

Week 17

It took the legislative body 76 days to complete the work of the state. Early Friday morning around 12:30 am Sine Die was official for the 67^th Legislative Assembly. Of the over 900 bills that were introduced, around 500 will become law. Key themes for this session were infrastructure, energy policy, and COVID-19 pandemic response.

Here is an update of the bills that NDMCA was monitoring till the end.

HB 1380 Legacy Fund Streams – Both houses of the legislature were able to compromise and come to an agreement on the Legacy Fund Streams Bill on day 76. A blueprint for the Legacy Fund earnings is greatly needed and the passage of this bill moves the needle in the right direction. The bill does not utilize stream mechanisms laid out in the original bill but is more closely designed to model the bucket structure that is currently used to allocate oil tax revenue. The agreed upon percent of market value calculation (POMV) is 3.5% annually. Utilizing this POMV it is estimated to bring in around $500 million for the biennium. Here is an outline of the blueprint.

• Sinking Fund (HB 1431 Bond Payment & Public Employee Retirement System) - $150 million
• Highway Tax Distribution Fund - $60 million
• Discretionary Fund
  • Tax Relief - $50 million
  • Clean Sustainable Energy Fund - $60 million
  • University Research and Innovation Loan Fund - $30 million
• Other allocations: Sinking Fund Reserve, Legacy Earnings Fund, Legacy Fund principal reinvestment, and Strategic Investment and Improvement Fund.

HB 1015 Office of Management and Budget – The OMB bill was the last bill passed this session. There are 46 sections to this bill that address numerous funding and policy needs. NDMCA closely monitored portions of this bill that impacted the trucking industry.

• Federal spending authority for road and bridge infrastructure - $55 million
• Matching funds for road and bridge infrastructure - $100 million
• Township infrastructure - $30 million with opportunity for Federal matching funds.
• Federal funds from the American Rescue Plan (ARP)
  • Statewide area career center initiative grants - $70 million
• Law Enforcement Training Academy remodel - $3 million

April 26, 2021

Week 16

Week 16 of the legislative session came to a close without Sine Die. Starting Monday(Day 73), legislators will have around 35 bills to finish before they can leave the Capitol. Most of the work now falls on the conference committees to find resolutions to bills that will pass both Houses.

Here is an update of the bills that NDMCA is monitoring.

• HB 1021 ND Workforce Safety and Insurance Budget – Passed House and Senate
• HB 1175 COVID Liability Protection- Signed by the Governor- Emergency clause attached to the bill and goes into effect immediately.
• HB 1279 Standardize Speeding Violations Structure – Failed in the House. Conference committee amendments would have doubled speeding fines for roadways with a posted speed limit 55MPH and under. Also kept the provision to allow cities to double fines.
• HB 1380 Legacy Fund Streams – House did not concur with Senate amendments. Bill going to conference committee.
• SB 2012 ND Department of Transportation Budget- Signed by the Governor.
• SB 2016 ND Job Service Budget- Passed by both the House and Senate. On its way to the Governor for signature.
• SB 2019 ND Career and Technical Education Budget- Passed by both the House and Senate. On its way to the Governor for signature.
• SB 2026 Long-Combination Vehicles- Passed by both the House and Senate. On its way to the Governor for signature.
• SB 2272 Career Builders- Passed by both the House and Senate. On its way to the Governor for signature.

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

April 19, 2021

Week 15

Could this be the last week of the 67^th Legislative Session? Sine Die predictions range from Thursday, April 22 to Wednesday, April 28^th. Either way this will save some of the 80 day allowance for state business they will need to finish later this year. Here is a status update of the bills that are still in play for NDMCA.

• 1021 ND Workforce Safety and Insurance Budget – In conference committee.
• 1175 COVID Liability Protection- Passed in both Houses, on its way to the Governor for signature.
• 1279 Consistency Speeding Fines Structure – Passed out of conference committee and is on the House calendar for a vote. If passed it will go to the Senate for the same.
• 1380 Legacy Fund Streams – Different versions passed the House and Senate. It is now on its way to the House for a vote to concur or do not concur with the Senate amendments. This bill will likely go to conference committee to sort out the differences.
• 2012 ND Department of Transportation Budget- Senate and House passed different versions of the bill. The Senate concurred with the House Amendments. Bill is on its way to the governor for signature.
• 2016 ND Job Service Budget- In conference committee.
• 2019 ND Career and Technical Education Budget- In conference committee.
• 2026 Long-Combination Vehicles- Both the Senate and House passed the conference committees version of the bill. It will be sent to the Governor for signature.
• 2272 Career Builders- Bill was amended in conference committee. Bill will need to be voted on again in each house before it goes to the Governor for signature.

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

April 12, 2021

Week 14

Monday marks day 63 of the legislative session. As the legislature finishes up most of their work, there is still items on the agenda that will not be able to be complete at this time. The legislature will need to come back in early December to redraw the legislative district lines with the new census data. Also, with the over $1 billion coming to North Dakota through the latest Federal stimulus package, the legislature will need to appropriate those funds at a later date. At this time, there is not clear guidance on how those funds can be spent. It is unsure how days they will save of their allotted 80 but it will be sometime before May 4^th. May 4^th would be their 80^th day.

HB 1431 - $680 Million Infrastructure Bonding Package – This bill will make investments in water projects, roads, bridges, and education infrastructure.

• $435.5 million – Fargo Diversion
• $74.5 million - Resources Trust Fund
• $50 million – Infrastructure Revolving Loan Fund
• $70 million – Highway Trust Fund
• $50 million - Agriculture Products Development Center on the NDSU Campus

This bill unanimously passed the Senate on April 8^th. The bill passed in its original form as sent over from the House and will go directly to the Governor for signature. The Governor has indicated that he will sign the bill.

The Senate was working on adding additional projects to the bill which included funding for a clean sustainable energy fund, township highway aid fund, career and technical education centers, strategic investment and improvement fund, state parks fund, university system improvements, and a cultural arts endowment. Some of these projects might be amended into other bills or be further considered when the Federal aid package is appropriated.

 SB 2272 ND Career Builders Program. NDMCA along with other partners from the business community worked with the legislature in 2019 to pass an important skilled workforce development program, now called Career Builders. Career Builders is a matching grant program with private sector and state funds, that can be used towards scholarship or loan forgiveness for individuals in high demand career fields. CDL truck drivers, diesel mechanics, and other important career fields made the eligibility list for the program. The Senate and House have both passed this piece of legislation. The House added some amendments to the bill that may need to go to conference committee or the Senate may concur.

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

pril 5, 2021

Week 13

The legislative session is starting to approach the third period. Numerous policy committees have finished their work and appropriations committees are passing out their bills. Legislation that is amended from the version passed in its house of origin are faced with a couple decisions. The house of origin can concur with the amendments or send the bill to a conference committee to sort out the differences. Either way the bill must get a vote and pass by each body of the legislature in its final version before it goes to the governor for signature.

Recreational Marijuana – The Senate failed to pass HB 1420 that would legalizing adult recreational marijuana. The Senate formed a delayed bills committee to draft a resolution legalizing recreational marijuana that would be put to the voters.  The committee met and brought forward proposed Senate Resolution 4016 for the Senate’s consideration. This second attempt at finding a more palatable solution for legalizing recreational marijuana failed in the Senate on a vote of 21-26. The position of the North Dakota Senate is clear on recreational marijuana. There are two groups in North Dakota pursuing recreational marijuana legalization that plan to have initiated measures on the ballot. It will be up to the citizens of North Dakota to vote up or down recreational marijuana on the ballot.

Bills NDMCA is watching that are still in committee:

HB 1380 – Legacy Funds Streams

HB 1431 – Infrastructure Bonding Package

SB 2012 – ND Department of Transportation Appropriation

SB 2020 – Upper Great Plains Transportation Institute Appropriation

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

March 29, 2021

Week 12

SB 2026 Long Combination Vehicle Study and Pilot – What started as a road train pilot project is now a long combination vehicle study with pilot projects. This bill was rereferred back to the Transportation Committee on the floor of the House for further amendments. The Transportation Committee added more language to give local governments more authority in the pilot on where these configurations can be operated. This will be up for a vote again in the House of Representatives. If passed it will likely go to a conference committee of House and Senate members to sort out the differences.

HB 1464 Gas Tax Increase – This bill called for a 3 cent per gallon gas tax increase and an increase in electric vehicle registration fees. HB 1464 passed the House but failed the Senate by a large margin. The opposition stated there are funds for infrastructure in House Bill 1380 - Legacy Fund Streams and House Bill 1431- Infrastructure Bonding and that a tax increase is not needed. Proponents stated that these bills were only for the initial investments in infrastructure and will need maintenance that can utilize these additional gas tax dollars. North Dakota is in a good position to investment in infrastructure this session.

HB 1420 Adult Use Marijuana - The purpose of this bill is to thwart an effort to legalize recreational marijuana through a constitutional or statutory initiated measure. This proposal would allow adults to consume small amounts of marijuana legally. Protections for employers were added to the bill that would allow businesses to conform to federal regulations and continue their drug free workplace policies. This bill passed the House of Representatives but failed in the Senate. Workforce shortages continue to be a challenge facing the trucking industry and legalizing recreational marijuana would have had a negative effect on workforce. North Dakotans will likely have the opportunity to vote on a legalization of recreational marijuana measure in 2022. The 2018 recreational marijuana measure failed by nearly 20 points.

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

March 22, 2021

Week 11

The legislature wrapped up day 48 on Friday, with the end target of completing their work on day 72. Saving some of their 80 days will give them flexibility if they need to call a special session during the interim. Time will tell if they are able to hit this goal. The actual numbers of bills to be heard after crossover is significantly less considering the bills that failed or were withdrawn during the first half. The policy committees had a busy week, but some policy committees will have a significant lighter workload next week and some even completed all their committee work. The House Transportation Committee finished up their committee work, but these legislators will still be needed for daily floor sessions, their other committee assignment and conference committees. Appropriation committees are another story. They received their revenue projections on Tuesday and will now work towards balancing the budget based on these forecasts to close out the session.

SB 2026 would have given the Governor authority through executive order to allow road trains on designated state highways. This version of the bill passed the Senate on a vote of 30 -17. The House Transportation Committee amended the bill into a long combination pilot project and study administered by the ND Department of Transportation. During the 2021-22 interim, the NDDOT will study and conduct pilot projects on the feasibility and impact of long combination vehicle operations on North Dakota roadways. With the amendments the NDMCA is neutral on the bill and will track closely the progress of the study if it passes the House and the Senate concurs with the amendments. The House Transportation Committee gave this bill a do pass recommendation of 10-4. The bill will be up on the floor for a vote of the House of Representatives this week.

SB 2121 would turn a seatbelt violation from a secondary offense to a primary offence for passenger vehicles. Federal Motor Carriers Safety Administration already requires drivers and passengers to wear their seatbelts. Although this bill does not directly affect the trucking industry, NDMCA is a strong advocate for safety on our roadways. NDMCA testified in support of this bill. The House Transportation Committee heard this bill on March 18^th, with 24 pieces of testimony submitted in support and only four in opposition. The Senate passed this bill 28 – 18 but the House Transportation Committee gave this bill a do not pass recommendation on a vote to 8-5. SB 2121 will be on the House floor for a full vote this week.

Bills being heard in committee this week:

• HB 1072 – Electronic Driver’s License
• HB 1464 – Gas Tax Increase
• SB 2012 – ND Department of Transportation Appropriation
• SB 2020 – Upper Great Plains Transportation Institute Appropriation

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

March 15, 2021

Week 10

Week 10 of the legislative session is in the books. Friday marked day 43 of their maximum 80-day session. The legislature’s goal is to save some of their 80 days this session, incase they need to reconvene during the interim. Both houses of the legislature have held hearings and voted on bills that came from across the hall. The governor has started signing bills and will continue to do so during session. After a signature from the Governor, policy bills become law on August 1 and appropriations bills on July 1, unless there is an emergency clause on the bill.

SB 2012 – The North Dakota Department of Transportation had two hearings last week in front of House Appropriations - Government Operations Division with more scheduled this week. This agency’s budget was $1.5 billion when it came over from the Senate. During the hearing the Director laid out their 10-year $2.18 billion infrastructure plan with a Phase 1 ask of $237 million. North Dakota ranks 42nd among states in bridge conditions due to the state structurally deficient bridge infrastructure. During the 21-23 biennium the highway tax distribution fund is estimated to distribute $553.8 million which is utilized to match Federal funds for infrastructure development. The committee will have numerous hearings in coming weeks to decide on the budget for this agency.

SB 2020 - The ND Highway Patrol (NDPH) had their Agency budget hearing in the House of Representatives last Tuesday. NDHP collected almost $2.6 million in oversize/overweight permits that they will reinvest in non-enforcement related needs within the agency. The previous legislature commissioned a study of the current Law Enforcement Training Academy on the Bismarck State College campus and the future needs of the NDHP. The study laid out four options from remodeling and an addition to the current location or building a new facility in Bismarck. Proposals ranged from $27.1 million to $51.5 million. The House Appropriations - Government Operations Division will have more committee work to do before they pass out a bill.

Bills being heard in committee this week:
• HB 1380 – Legacy Fund Streams
• HB 1431 – Infrastructure Bonding Package
• SB 2121 – Primary Seat Belt Law

March 8, 2021

Week 9

After a needed break the legislature returned Wednesday to finish their business. Although this is thought of as halftime, the second half is far more critical and is when the rubber really meets the road. Bills that were approved in their house of origin, now get a second look and further scrutiny in the other house. A revised revenue forecast will be released in the coming weeks and will serve as the ceiling for the state budget. The North Dakota Motor Carriers Association will be focused on the bills that were not defeated in the first half that positively or negatively impact the trucking industry.  To see the status of the bills NDMCA is watching scroll to the top of this page.

SB 2026 would allow road trains on ND highways under executive order of the Governor. This bill remained unchanged in the Senate and passed. NDMCA opposed this bill because of a lack of a good definition for a road train and the potential impacts to infrastructure. The bill was heard after crossover before the House Transportation Committee. Amendments to the bill are being considered. More updates to come.

SB 2109 aims to combat human trafficking by permanently disqualifying an individual from holding a commercial driver’s license if convicted of a human trafficking felony. The bill passed in the Senate unanimously. NDMCA again testified in support and the bill received 12-0-2 do pass recommendation in the House Transportation Committee. It will be up for a vote in the full House of Representatives and then on to the Governor for signature.

March 1, 2021

The North Dakota legislature finished up their first half of bills last week. All the bills that passed in their respective houses will now crossover to the other chamber.  The 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 will start back up this week to finish their work on bills that are still viable.

February 22, 2021

The sense of urgency is felt in the halls of the Capitol as they approach the last week until crossover. Floor sessions are lasting longer, and appropriations committees are meeting more frequent as they finish their work. Bills with appropriations tied to them, including agency budgets are usually some of the last bills out of committees and onto the floor for a vote.

HB 1315 would have increased the speed limit on the interstate system in North Dakota to 80 MPH. Similar legislation has been attempted previously but this bill was different. It would only apply to sections of interstate that are engineered to handle the higher speeds. Another section of the bill would have set a minimum speed limit of 40 MPH. There were concerns with the minimum speed limit because some permitted loads and agricultural equipment being transported on the interstates would face challenges. An exemption for permitted loads was amended into the bill but still affect some equipment movement on the interstates. When the bill hit the floor, the House of Representatives decided to split the bill in two sections and vote on each piece separately. 80 MPH was separated from the 40 MPH minimum. Both sections failed and will not be moved over to the Senate for further consideration.

Updates:

HB 1431 is the infrastructure bonding bill. The bill passed the House with a vote of 74-17. The package included $680 million in total funding.

• $435.5 million – Fargo Diversion Project
• $74.5 million – Resources Trust Fund
• $50 million - Infrastructure Revolving Loan Fund
• $70 million – Highway Trust Fund
• $50 million – NDSU Agricultural Products Development Center

What still needs a vote:

HB 1380 – Legacy Fund earnings policy framework. Includes funding for the infrastructure revolving loan fund and the sinking fund for the bond payment in HB 1431.

HB 1464 - The House Transportation Committee decided on a 3 cent gas tax increase. Also includes an increase in electric vehicle and hybrid vehicle registration fees.

HB 1420 – The legalization of recreational marijuana.

February 15, 2021

With the close of week 6, the crossover deadline of February 29^th is coming upon us quickly. 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. The House of Representatives seemingly has more work to do than the Senate, which is expected since they introduced more bills and have twice as many members. In general, the House is in session voting on bills from 1:00pm until 2:30pm. Now with crossover looming, the House will stay on the floor until 3:30 to get caught up on the bills that are on the calendar. The Senate has started committee work on some House bills that have already crossed over.

HB 1441 would create a state ran paid family leave program. The fundamental question of this bill is if it is the role of the government to implement a paid family leave program or if it is the role of businesses. NDMCA opposes this bill on the bases that it is the role of employers to provide these benefits. Employers do not need a government mandate to offer these types of programs to attract and retain employees. If needed, there is already the Family Medical Leave Act that protects employees if they need to take extended leave to care for themselves or family members. A significant number of large and small employers already offer benefits to aid in these situations. The original bill was amended in committee to a study. If passed in the House and Senate, Legislative Management will decide if an interim committee will study paid family leave during the interim. The bill is now on the House calendar and it will go to a vote.

HB 2203 would assess businesses a 10% surcharge whose employees received 50% more in wage benefits than the employer paid in premiums into the Unemployment Insurance Trust fund in any given year. This would negatively impact all business sectors during this time of economic recovery in response to the pandemic. Pre-pandemic, positive balance employers already pay low rates compared to other states and negative balance employers pay some of the highest. The Unemployment Insurance Trust Fund’s balance is slightly above target and the same was true pre-pandemic. The Unemployment Insurance Advisory Board reviewed the unemployment insurance program in 2020 and the Board recommended no changes.  They felt the unemployment insurance program was functioning as designed and no changes were needed. NDMCA opposes the bill because we support the Advisory Committee’s recommendation that no changes were needed. It is unnecessary to additionally tax employers when the Unemployment Insurance Fund is exceeding its target and employer premiums are in-line with other states. The Senate followed the committee’s recommendation and voted no on the bill, 8 yeas 39 nays.

Update from last week:

HB 1464 would increase the state gas tax by 6 cents per gallon. This bill was passed out of the House Finance and Tax Committee and placed on the House calendar. It is being sent back to committee for further consideration. NDMCA anticipates that the committee will decrease the tax rate closer to the original bill. The original bill had a 4 cent gas tax increase.

February 8, 2021

Week 5 was a busy week with the legislature working on bills addressing mask and vaccine issues along with liability protections for businesses due to COVID.  Even with all that going on, the legislature was reviewing important proposals addressing needed infrastructure funding.

HB 1464 proposed a 4 cent per gallon increase of North Dakota’s fuel tax. This would raise the tax on gasoline and special fuels that include diesel, biodiesel, and compressed natural gas. The current rate of state fuel tax is 23 cents per gallon and has not been increased for 16 years. The bill was amended with a 2 cent increase to 6 cents in committee and increased the electric vehicle road use fees for electric and hybrid vehicles. The amended version of this bill would set the fuel tax above Minnesota, which is at 28.5 cents per gallon. Fuel taxes are utilized for road and bridge infrastructure improvements in the state. Although investments in infrastructure are a priority, the NDMCA opposed this bill; we are supporting other legislative proposals that are fiscally responsible options to increase road and bridge funding while not increasing fees to business in the form of fuel taxes.

HB 1380 is labeled the streams bill because it dedicates funding streams of Legacy Fund earnings to specific areas. One of those dedicated streams will be into the North Dakota Highway Tax Distribution Fund. The percentage of funding would be equivalent to a 5 cents per gallon fuel tax increase. The Highway Tax Distribution Fund is used towards state and local roads and bridges. This stream will increase as the Legacy Funds earnings grow, consequently providing more funding for infrastructure.

HB 1431 is a large infrastructure package that includes funding for water projects, roads and bridges and education. Part of this bill would dedicate a portion of Legacy Fund earnings to infuse $50 million into the infrastructure revolving loan fund to help with county, city, and township infrastructure. Also included is $70 million in bonding authority for improvements to state roads and bridges.

Funding for road and bridge infrastructure is a priority for NDMCA, but we would rather see other financially responsible programs like HB 1380 and HB 1431 than an increase in the state gas tax. HB 1464 received a 9-5 do pass recommendation from the House Transportation Committee.

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

February 1, 2021

Week 4 marked the end for new bills to be introduced with the deadline lapsing for Senators on January 25th. In select cases, additional bills can be introduced but that is at the discretion of the delayed bills committee. The deadline for concurrent resolutions addressing studies and proposed constitutional amendments is February 23rd. A concurrent resolution is a resolution adopted by the legislative assembly that does not need to be signed by the governor and does not carry the effect of law. An example would be a proposed constitutional amendment that is put to the people for a vote. The final tally of bills introduced is 845. Here are a couple bills that were heard by committees this week.

HB 1257 would not require individuals 18 years of age or older to wear their safety belt. The bill sponsor who introduced the bill believes this is a freedom of choice matter. The North Dakota Department of Transportation and the North Dakota Highway Patrol presented data that wearing a seat belt increases the chances of surviving a crash. It is also possible that Federal funds from the Federal Motor Carriers Safety Administration will be forfeited if this becomes law. The House Transportation Committee voted an 8-6 do pass recommendation. The bill will now go to the full House or Representatives for a vote.

HB 1279 is a bill that is working towards creating a consistent fee structure for speeding violations. In current law there are five separate categories for speeding depending on the type of roadway and cities have the ability to double fines in their jurisdictions. This causes difficulties for law enforcement and citizens. The bill received a 13-1 do pass recommendation from the House Transportation Committee with some amendments. As amended the bill would set the fines at $2 per MPH over the speed limit up to 10 MPH. At that point it would change to $5 per MPH over. These changes will result in some increases, decreases and equal fines. This bill also removed the cities ability to increase fines. Increased fines for school zones and constructions zones saw no changes. The bill is now onto the House of Representative for a full vote.

HB 1175 is in direct response to the COVID-19 pandemic and how quickly businesses had to respond to the ever-changing information and recommendation being disseminated. This bill provides liability protection for businesses with the stipulation they follow federal and state laws, regulations and orders issued during the pandemic. This bill would also provide additional provisions for the health care industry, manufacturers, and the citizens at large. COVID related liability protection is an important topic for this legislature with five other bills addressing the subject, but this is the preferred vehicle to provide the protection that business needs. No action has been taken on this bill by the House Industry, Business, and Labor Committee.

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

January 25, 2021

Week 3 marked the deadline for the Representatives to introduce bills for consideration. The Senate’s deadline was Monday this week. Soon all the bills that have been introduced will have been reviewed by the North Dakota Motor Carriers Association (NDMCA) and evaluated on how they affect the trucking industry, good or bad. The current bill count is 788.

HB 1156 would allow the driver and passenger of a motor vehicle that makes frequent stops to not wear a seatbelt. This would only apply when the vehicle is traveling under 30 miles per hour. North Dakota Highway Patrol opposed the bill because of their concern of losing some federal grant funds. This law would conflict with Federal Motor Carrier Safety Administration regulations and impact grant funds the state would receive. NDMCA will continue to monitor this bill.  The committee has not taken any action.

HB 1204 would offer an opt-out provision for employees who are opposed to wearing a face covering because of their religious, philosophical, or moral beliefs. Face coverings included in this bill were described as a face mask, face shield, or other face covering. This could have unintended consequences that would allow an employee to opt-out of wearing important personal protective equipment (PPE). Included in the bill was a backstop provision that an employer could deem that wearing a face covering is essential. Employers would not implement a face covering as a safety policy unless it was deemed essential. This bill received a 12-2 do not pass recommendation out of committee and will now go the House of Representatives for a full vote.

Updates from last week –

SB 2121 is the primary seatbelt law. This bill passed the Senate on a vote of 28 - 18. This bill will likely experience difficulties in the House of Representatives after crossover.

SB 2026 would give the Governor authority through executive order to allow road trains on designated state highways. This bill passed the Senate 30 – 17 even though it received a do not pass recommendation out of the Senate Transportation committee.

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

January 18, 2021

Week 2 was the first full week of committee hearings and floor sessions for the legislature. Going into the third week of session the deadline for representatives to introduce bills is January 18th and Senators have until January 25th. As of now there has been 602 bills and resolutions introduced and it is shaping up to be a high volume of bills this session. NDMCA continues to review bills as the come in and evaluate how they would affect the trucking industry in North Dakota.

SB 2109 aims to combat human trafficking by permanently disqualifying an individual from holding a commercial driver’s license if convicted of a human trafficking felony. NDMCA testified in support of this bill. It garnered full support in the Transportation Committee and received a unanimous do pass in the full senate and will now be heard by the House Representatives after cross over.

SB 2121 this bill would turn a seatbelt violation from a secondary offense to a primary offence for passenger vehicles. Federal Motor Carriers Safety Regulations already requires drivers and passengers within large trucks to wear their seatbelts. Although this bill does not directly affect the trucking industry, NDMCA is a strong advocate for safety on our roadways. NDMCA testified in support of this bill. The committee has not taken any action.

Update on bills from last week. HCR 3004 passed the full House of Representatives and is now on its way to the Senate. HB 1100 failed unanimously in the House of Representatives and will not become law. The legislative direction on these two bills is good for the trucking industry.

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

January 11, 2021

The 67th Legislative Session kicked off on January 5th with Governor Burgum’s State of the State Address. The Governor addressed economic diversification utilizing Legacy Fund earnings and bonding. This message aligned with his budget address in December. Legislative committees started to work on introduced legislation and received testimony on bills. To date 333 bills and resolution have been filed with time remaining for senators and representatives to submit more proposed legislation. The North Dakota Motor Carries Association (NDMCA) has reviewed all these bills and will be tracking and weighing in on those that affect the trucking industry. To follow the progress of these bills through the legislative process view the bill tracker above.

HB 1100 would have suspended an individual’s Commercial Driver’s License (CDL) if they would have left the scene of an accident when striking a “fixture”. In state statute there is not a good definition of “fixture”, but it was illuded to be items like signs and posts. With no clear definition, NDMCA could not support this bill. In addition, a driver may not have knowingly hit a fixture and left the scene unintentionally. This type of incident does not constitute suspending an individual’s CDL. NDMCA testified in opposition to this bill. No committee action has been taken on this bill.

SB 2026 would give the Governor authority through executive order to allow road trains on designated state highways. Road trains are a good concept in helping to meet freight movement demands but this bill is not the right method. Currently, there is not a good definition of a road train that presents challenges. This bill could lead to potential damage to infrastructure and safety issues without the right data. NDMCA testified in opposition to this bill. Committee has not taken any action on this bill.

HCR 3001 is a resolution urging Congress to temporarily suspend rules against road trains on interstates to allow for a pilot project. An effective pilot project would collect data on impacts to infrastructure and safety. This data would help answer questions that were unavailable to support SB 2026. NDMCA testified in support of this bill and it received a due pass recommendation from the House Transportation Committee.

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