Legislative Report From District 24 Rep. Dwight Kiefert

Posted By: Steve Urness
February 1, 2021 @ 5:15 pm
News

BISMARCK, N.D. (NewsDakota.com) – The following is a 2021 Legislative report from Valley City Representative Dwight Kiefert from the state capitol in Bismarck.

“Things are really getting busy in the Legislature, we have been putting in some 9 hour days in our Human Services Committee. I will try to give you a brief rundown on the operations of each of the Committees, I serve on the Human Services Committee and the Agriculture Committee.

Education and Environment Division – Rep. David Monson This week the Committee continued to detail the budgets of the various departments and agencies within our division.

Government Operations Division – Rep. Don Vigesaa The Committee continued to work on the budgets of several agencies this week: HB 1015: A bill for an Act to provide an appropriation for defraying the expenses of the various divisions under the supervision of the Director of the Office of Management and Budget. HB 1011: A bill for an Act to provide an appropriation for defraying the expenses of the Securities Department. HB 1003: A bill for an Act to provide an appropriation for defraying the expenses of the Attorney General. HB 1005: A bill for an Act to provide an appropriation for defraying the expenses of the State Treasurer. HB 1024: A bill for an Act to provide an appropriation for defraying the expenses of the Ethics Commission. HB 1007: A bill for an Act to provide an appropriation for defraying the expenses of the Department of Labor and Human Rights. HB 1006: A bill for an Act to provide an appropriation for defraying the expenses of the Office of the Tax Commissioner. HB 1010: A bill for an Act to provide an appropriation for defraying the expenses of the Insurance Commissioner. HB 1008: A bill for an Act to provide an appropriation for defraying the expenses of the Public Service Commission. HB 1022: A bill for an Act to provide an appropriation for defraying the expenses of the Retirement and Investment Office.

Human Resources Division – Rep. Jon Neslson This week the Committee heard public testimony on the Department of Human Services Budget. The testimony took 2 ½ days in order to cover all divisions in the budget. We continue to details this budget, which covers long-term care services and supports the State Hospital in Jamestown with a total budget of $66,454,923. The Committee also continues the budget for the sex offender treatment program, which has a budget of $11, 617, 413.

Agriculture – Rep. Dennis Johnson The Committee heard several bills this week: HB 1244: Relating to licensure for the sale of raw milk or raw milk products. HB 1329: Relating to seed labels, tolerances, permits, and certification; relating to nonresident seed dealer licenses. DO PASS 12-0-2 HB 1444: Relating to the regulation of historic horse racing.

Education – Rep. Mark Owens 1027: Public School transportation aid payments — Amended, DO PASS 1125: language to define dependents of veterans to determine their eligibility to receive free tuition at higher education institutions — Amended, DO PASS 1232: allowing for virtual instruction, with requirements, to occur when weather or other conditions prevent the school to be open for traditional instruction; this is optional for districts and the virtual instruction, if requirements met, would satisfy the school calendar hours requirements— Amended, DO PASS 1346: allows for the working papers and draft audits by the NDUS internal auditors to not be available in an open records request — same basic language that is in code for state auditor — DO PASS 1370: allows a school board to lease out school property for a wireless telecommunications facility for up to 30 years – DO PASS 1460: related to the jurisdiction of higher ed law enforcement officers – DO NOT PASS Committee hearings were held for the following proposed legislation with no action taken: 1369: outlines implementing an education empowerment program – similar to a voucher program

1375: legislation for a tuition credit incentive program for high school students taking dual-credit courses 1404: a peace officer student loan forgiveness program 1413: use funds from Legacy Fund earnings to provide grants to schools for breakfast and lunch for students 1430: allow for students to be awarded both the ND academic and career and technical education scholarships 1432: would make the cost of out-of-state & in-state teacher license fees the same 1494: a law enforcement grant program 1356: all public schools must allow a youth patriotic society (as defined by the federal government) to provide information to students (Boy Scouts and Girl Scouts)

Energy and Natural Resources – Rep. Todd Porter The Committee both worked on and heard several bills this week: HB 1401 identifies and classifies produced water from legacy oil wells as special waste. Hearing held but no action taken yet. HB 1411 relates to night hunting and provides a penalty, Discussion led to a do not pass recommendation from the committee. HB 1450 relates to carrying firearms or dangerous weapon concealed. No action taken as of yet. HB 1452 establishes an authority- with an appropriation to research possible sources of clean, sustainable energy utilizing state resources. HB 1436 allows ambulance crew or firefighters to carry concealed weapons while on duty. No final action as of yet. HB 1491 provides appropriation for industrial commission to contract with EERC to plan possible implementation of hydrogen energy. HB 1120 was amended in committee and then received a do pass as amended recommendation from the committee. HB 1178 deals with resident hunting licenses for non-resident armed forces members stationed in ND. Committee recommends do not pass.

Finance and Taxation – Rep. Craig Headland Finance and Tax committee took testimony on 7 bills this week. HB 1214 A bill relating to taxes imposed on air carrier transportation companies. This bill fixes a loophole and returns tax dollars to local airports as had been done previously. Do Pass. 11-0-3. HB 1277 A bill relating to a residential property tax exemption for new construction. The bill increases the option for local governments to exempt property tax from $150,000 to $250,000 new home construction for 2 years as long as citizens approve by special or regular election. It would need to be reviewed in 10 years or shorter time frame as per vote. Do Not Pass 4-3. HB 1350 A bill relating to voter approval for school construction by lowering the 60% voter approval in current law to a lesser percentage. Do Not Pass 10-2-2.

Government and Veterans Affairs – Rep. Jim Kasper HB 1373: Relating to early voting dates. HB 1161: Relating to closing time for polling places. HB 1238: Relating to polling places. HB 1312: Relating to limiting the Governor’s authority regarding elections, eliminating early mail ballot elections and in person voting and limiting voters eligible to cast absentee ballots. HB 1253: Relating to election administration. HB 1173: Relating to providing electors the full test of constitutional amendments and initiated and referred measures. HB 1280: Relating to nullification of official actions; relating to electronic counting machines, ballots, election procedures, and election contests; relating to electronic voting systems. HB 1239: Relating to making scanned images of ballots available to the public; relating to elimination of electronic voting and requiring paper ballots; relating to electronic voting. HB 1360: Relating to making scanned images of ballots available to the public and duplicating vote tallies; relating to elimination of electronic voting and requiring paper ballots; relating to electronic voting

Human Services – Rep. Robin Weisz The Committee acted on 4 bills. HB 1118: Relating to Gubernatorial declaration of disaster or emergency relating to public health and extension requests. No committee action taken. Committee voted 11-4 Do Pass as Amended

HB 1307 An act to prohibit public accommodations from refusing services to an individual because an individual has not been vaccinated. Committee voted 11-3 Do Not Pass HB 1468 Relating to informed consent and notice of risks associated with vaccines and to provide a penalty. Committee voted 8-6 Do Not Pass HB 1469: Relating the exemptions from vaccines. Committee voted 12 – 2 Do Not Pass No Committee action taken on the following bills. HB 1205: Relating to establishing the maternal mortality review committee. No committee action taken HB 1259: Relating to participation in a state or national wastewater surveillance system. No committee action taken HB 1298: Relating to participating in athletic events exclusively for males and females. No committee action taken HB 1313: Relating to promoting the commission of an abortion and relating to murder of an unborn child and exceptions for offenses against unborn children and to provide a penalty. No committee action taken HB 1328: Relating to Vitamin D screening and testing and relating to self-insurance plan. No committee action taken HB 1332: Relating to the moratorium on basic care and nursing facility bed capacity. No committee action taken HB 1343: Relating to rights of health care facility residents to use electronic communication. No committee action taken HB 1347: Relating to registration of in-home providers of early childhood services; and to provide for application. No committee action taken HB 1348: Relating prohibiting the testing of wastewater for genetic material or evidence of disease; and to provide a penalty. No committee action taken HB 1359: Relating to medical marijuana designated caregivers and the medical marijuana advisory board. No committee action taken HB 1377: Relating to immunization exemptions. No committee action taken HB 1391: Relating to regulating edible medical marijuana products, definitions relating to medical marijuana products. No committee action taken HB 1400: Relating to out-of-state medical marijuana cardholders and to qualifications for medical marijuana cardholders and to qualifications for medical marijuana debilitating medical conditions and dispensary inspections. No committee action taken HB 1407: Relating to medical assistance tribal health care coordination agreements; provide for legislative management report and continuing appropriation. No committee action taken HB 1426: Relating to certification of niche beauty services provider and to exemption to requisition by the state board of cosmetology and definitions relating to the regulation of cosmetology. No committee action taken HB1468: Relating to informed consent and notice of risks associated with vaccines. No committee action taken

HB 1492: Relating to permitting pharmacists to administer SARS COV 2 tests and to declare an emergency. No committee action taken HB 1493: A bill for an act to provide for ambulance service operation funding. No committee action taken HCR 1402: Relating to the substance use disorder treatment voucher system. No committee action taken

Industry, Business, and Labor – Rep. Mike Lefor The Committee heard 14 bills this week: HB 1296 would preserve the fundamental purpose of booking photos, permitting unrestricted sharing of the collected information among law enforcement. The bill is being held in committee. HB 1166 would allow foreign practitioners who is a resident of North Dakota to receive occupational licensing. The bill is being held in committee. HB 1473 would require an electrical contractor that is licensed and advertises in this state to contract for electrical services, must include the licensee’s name and license number on their respective business card and on both sides of the vehicle the name of the licensee or company. The committee gave a do not pass recommendation 10-3-0. HB 1272 would allow a personal firearm, firearm accessory, or ammunition manufactured commercially or privately in the state and remains in the state is not subject to federal regulations. The committee gave a do pass recommendation 11-3-0. HB 1396 would create immunity from civil actions for ammunition manufacturers. The bill is being held in committee. HB 1352 would create a liability for medical products. The bill is being held in committee. HB 1169 creates a new section under chapter 49-02 which allows an individual directly affected by competition with a state agency or institution to present a case to the Public Service Commission. The committee gave a do not pass recommendation 13-0-1. HB 1267 would allow the Bank of North Dakota to provide custodian services for digital currency and may implement a digital currency exchange. The committee gave a do not pass recommendation 13-1-0. HB 1147 would provide public employee and self-insurance health plans fertility health benefits and to provide an appropriation. The bill is being held in committee. HB 1175 provides needed protection and clear up any uncertainty during these difficult times as it relates to frivolous lawsuits due to the COVID-19 pandemic. The bill is being held in committee. HB 1376 provides immunity to employers regarding COVID-19. The bill is being held in committee. HB 1433 a bill to protect North Dakota’s essential workers by allowing them to be awarded workers’ compensation benefits if they contracted COVID-19 at their places of work and to provide an appropriation. The committee gave a do not pass recommendation 12-2-0. HB 1301a bill to provide employer immunity for communicable diseases and mandatory communicable disease immunizations. The bill is being held in committee.

Judiciary – Rep. Lawrence Klemin The Committee heard 23 bills and 1 HCR this week: HB 1223 reduces the penalty of MIP from a Class B Misdemeanor to an Infraction. . The committee recommended a Do Pass 12-1. HB 1184 allows a minor in a restaurant/bar if accompanied by a parent or guardian, if seated at least 3 feet from the bar; and if before 10 p.m. The committee gave this a 11-1 Do Pass. HB 1190 relates to the valuation date for dividing marital property and debts in a divorce action. This bill is still under consideration. HCR 3003 limits initiated constitutional ballot measures to a single subject. HB 1294 relates to unauthorized dissemination of criminal history records and holding for ransom. It provides a $500 penalty. The committee gave this an 8-5 Do Pass. HB 1251 removes the 10-year renewal requirement for a 10-year judgement and extends the judgment to 20 years. The committee amended the bill and gave it a DP as amended, 11-2. H.B. 1196 would amend Section 12-60.1-02 to clarify that a subsequent “conviction” rather than a mere “charge” within the requisite period would preclude the record sealing benefit of the statute. This bill is still under consideration. HB 1176 gives the juvenile court the authority to determine whether an alcohol or drug-related offense (or more than 5 demerit points) warrants cancellation of a minor’s driver’s license. It does not limit the DOT’s obligation to suspend or revoke driving privileges of juveniles who commit impaired driving offenses. HB 1193 expands instances when use of deadly force is justified. It removes the duty to retreat stated in the current law. HB 1035 is the new Uniform Juvenile Court Act. This 117 page bill seeks to improve our juvenile justice system. It restructures current law for clarity and focuses on separate case types and the addition of up-to-date definitions and procedures. The committee is considering amendments. HB 1261 increases seizure and forfeiture reporting requirements. HB 1322 relates to the Attorney General’s review of proposed administrative rules and to the authority of the administrative rules committee to object to or void an administrative rule. HB 1208 authorizes changes to existing anti-trust laws, including civil penalties and the ability to recover damages and to increase the statute of limitations from 2 years to 4 years. This received a 12-0 DP from the committee.

HB 1140 would change the contingent fee threshold from $150,000 to $1 million before requiring a hearing before the Emergency Commission. The committee gave this a 12-0 DP recommendation. HB 1234 would authorize sports betting on professional sports. HB 1240 authorizes a court to order restitution for damages from a riot. HB 1334 allows a court to determine whether a claim for relief was frivolous and award costs, including attorney fees. The bill was given a DP as amended recommendation, 13-0. HB 1287 removes immunity from those selling illicit drugs in an overdose situation and seeks an enhanced penalty—without compromising the Good Samaritan safeguards. HB 1302: compromise of a misdemeanor, a form of alternative dispute resolution based on the wishes of the victim. The committee gave it a DP vote of 12-0. HB 1311 clarifies who may possess a firearm at a publicly owned or operated building.

Political Subdivisions – Rep. Jason Dockter The Committee heard several bills this week: HB 1483: Relating to the power of the board of county commissioners HB 1484: Relating to county bonding authority HB 1485: Relating to the North Dakota building authority. HB 1337: Relating to the authority of a school district to transfer funds from the building fund to another political subdivision; relating to the powers of a school board HB 1303: Relating to duties of the county auditor; relating to the publication of county records; and to provide a penalty. HB 1222: Relating to nonconforming structures. HB 1435: Relating to peace officers, patrolmen, correctional officers, and firefighters who die in the line of duty; and to provide for retroactive application HB 1269: Relating to the state land advisory board. HB 1419: Relating to the authority of cities and counties to levy an infrastructure fee in lieu of special assessments and special assessment fund balances. HB 1390: Act to provide an appropriation to the state board of higher education relating to training for election workers; and to provide for a report.

Transportation – Rep. Dan Ruby House Transportation heard a number of bills this week: HB1257 – A bill to remove the seatbelt requirement even as a secondary offense. HB1279 – A bill to change and unify speeding fines. This bill also generally increases the fines. HB1357 – This bill looks to lower the 2nd season pass fee to state parks from $35 to $20 when purchased by the same household. HB1368 – A bill to ensure that lenders must give notice if they are going to track a vehicle with GPS and a requirement to remove the device. HB1399 – A bill to reduce the age requirement for classic car license plates. HB1406 – A bill to remove the requirement of the use of a social security number for driver’s licenses. This bill affects the Amish community and such. HB1462 – A bill to charge an extra $50 to out of state buyers at state vehicle auctions HB1481 – A bill to provide a penalty for entering a closed road.

The public is always welcome to provide written testimony to the committees or appear in person to voice their opinion on any of the bills, you can also watch the hearings on the legis.nd.gov website.”

Representative Dwight Kiefert

dhkiefert@nd.gov