NORTH DAKOTA LEGISLATIVE COUNCIL
Minutes of the
LEGISLATIVE COUNCIL
Wednesday, May 20, 2009
Prairie Room, State Capitol
Bismarck, North Dakota
Representative Al Carlson, Chairman, called the
meeting to order at 10:00 a.m.
Members present: Representatives Al Carlson,
Merle Boucher, Chris Griffin, Gary Kreidt, Shirley
Meyer, David Monson, Bob Skarphol, Robin Weisz,
Lisa Wolf; Senators Robert S. Erbele, Tony S.
Grindberg, Ray Holmberg, David O’Connell, Tracy
Potter, Larry J. Robinson, Bob Stenehjem, Rich
Wardner
Others present: Jay E. Buringrud, Allen H.
Knudson, Jason J. Steckler; Legislative Council,
Bismarck
RaeAnn G. Kelsch, State Representative, Mandan
See attached appendix for additional persons
present.
Chairman Carlson welcomed the attendees and
outlined the procedure to be followed. He said there
are 84 studies under consideration, 13 of which are
required and 71 are discretionary studies. He said
during the 2007-08 interim there were 53 studies
approved and his goal is to have 50 or fewer studies
for the 2009-10 interim. He said that means about
34 of the discretionary studies should not be
approved. He said the procedure he planned to follow
was to take up the various studies for consideration
and to place them on lists to be approved, not
approved, or in a “maybe” category for further
consideration. He said at the end of the day the
Legislative Council will take a recorded roll call vote
on those discretionary studies that are to be
approved. He said Mr. Jay E. Buringrud, Assistant
Director, will be categorizing the studies for
consideration of interim committee structure. He said
last interim there were 26 interim committees.
Chairman Carlson called on the director of the
Legislative Council to review the documents that had
been distributed and to make some announcements.
The director said the memorandum entitled
2009 Legislation Directly Affecting the Legislative
Council and the Legislative Assembly has been
distributed to members of the Legislative Council. He
said there is one new interim statutory committee–the
nine-member Water-Related Topics Overview
Committee–and there are 12 additional statutory
established or recognized committees. He said the
staff has also distributed a numeric listing of studies to
be considered with a short description of the subject
matter and a binder which includes detailed
information on legislation calling for the studies again
in numeric order. He said the primary memorandum
that the committee should use in determining the
priority of Legislative Council studies lists in numeric
order each proposed study, including information
regarding related legislation from the 2009 session,
notes regarding related information, rationale if
available for the study, and prior Legislative Council
study information. The director said the agenda also
includes establishment of the membership of the
Budget Section for the 2009-10 interim to allow for the
committee to meet before June 30 and a motion
authorizing the chairman to send questionnaires to
members of the Legislative Assembly regarding
committee preferences. He said the June 16, 2009,
Legislative Council meeting will be the meeting where
the Legislative Council determines the actual
committee membership for the selected designated
committees. The information regarding committee
preferences will be sent by e-mail and hardcopy to all
legislators.
Chairman Carlson reviewed each of the proposed
studies in the document listing the studies
numerically. The Legislative Council then proceeded
to discuss each study, including the merits and
reasons for proposed studies. The following is a chart
listing the Legislative Council’s preliminary action on
each of the 84 studies:
Bill or
Resolution
No. Study Description
Approved
for Study
Not
Approved
for Study
Maybe
(Further
Consideration)
1003 § 7 Penalties for felonies 1003 § 7
1005 § 4 Salaries for state elected officials 1005 § 4
1009 § 6 Agreements between the Agriculture Commissioner and the United States
Department of Agriculture Wildlife Services Program – Wildlife damage control
1009 § 6
1011 § 3 Fees charged by the Securities Commissioner 1011 § 3
1012 § 9 Child support enforcement program 1012 § 9
1012 § 10 Long-term care services study 1012 § 10
1012 § 16 Traumatic brain injury study 1012 § 16
Legislative Council 2 May 20, 2009
Bill or
Resolution
No. Study Description
Approved
for Study
Not
Approved
for Study
Maybe
(Further
Consideration)
1015 § 22 Capitol complex master plan 1015 § 22
1129 § 4 Auditing of political subdivisions 1129 § 4
1263 § 2 Regulation of basic care and assisted living in the state 1263 § 2
1269 § 3 Registry for certified nurse assistants 1269 § 3
1280 § 1 Application by administrative agencies of standards that have not been adopted as
administrative rules
1280 § 1
1309 § 1 Interstate Compact on Educational Opportunity for Military Children 1309 § 1
1322 § 3 Livestock feeding facilities 1322 § 3
1324 § 33 Corporate income taxes 1324 § 33
1324 § 34 Homestead tax credit 1324 § 34
1338 § 1 Solid waste management, siting and zoning of landfills 1338 § 1
1341 § 1 State employee tuition reimbursement pool program 1341 § 1
1391 § 1 Unmet health care needs 1391 § 1
1400 § 61 Accreditation of schools, approval of public and nonpublic schools 1400 § 61
1400 § 62 Length of school days, weather-related closures 1400 § 62
1400 § 63 School closings and student transfers – Impact of disasters 1400 § 63
1403 § 1 Capitol grounds study 1403 § 1
1412 § 2 911 fee structure 1412 § 2
1425 § 1 County foster care costs paid by the state 1425 § 1
1449 § 3 Development of wind resources 1449 § 3
1459 § 4 Weed control by the Army Corps of Engineers 1459 § 4
1489 § 2 Tax incentives for the promotion of value-added agriculture 1489 § 2
1497 § 1 Responsibility of the cost of providing legal counsel for sexually dangerous
individuals
1497 § 1
1509 § 2 Wind easement and wind energy leases 1509 § 2
1545 § 1 Creation of a low-profit limited liability company 1545 § 1
1562 § 1 Administrative leave program for state employees 1562 § 1
1573 § 1 Voucher use for various human services clients 1573 § 1
1577 § 1 Factors influencing the cost of health insurance 1577 § 1
2001 § 7 Classified state employee compensation study 2001 § 7
2003 § 31 Option for funding higher education institutions 2003 § 31
2003 § 32 Impact of higher education tuition waivers 2003 § 32
2003 § 33 Creation of a department to oversee all education entities 2003 § 33
2003 § 34 Higher education student trust fund 2003 § 34
2004 § 10 State immunization program 2004 § 10
2012 § 24 Relocation of the Department of Transportation Fargo office 2012 § 24
2012 § 25 Highway construction funding options 2012 § 25
2018 § 18 Entrepreneurship and economic development best practices 2018 § 18
2018 § 19 State’s system for addressing workforce needs 2018 § 19
2021 § 8 Information Technology Department’s Criminal Justice Information Sharing
Initiative
2021 § 8
2032 § 13 Property tax reform and property tax relief 2032 § 13
2038 § 6 Utilization of the North Dakota University System to meet workforce needs 2038 § 6
2038 § 9 Higher education study 2038 § 9
2050 § 5 Emergency medical services (EMS) funding 2050 § 5
2051 § 2 Taxation issues related to the production of mineral resources 2051 § 2
2267 § 2 Whistleblower protection laws in the state 2267 § 2
2324 § 31 Determining residency status under state law 2324 § 31
2336 § 1 Legislative overview committee for water-related topics 2336 § 1
2342 § 2 Impact of Johnes disease 2342 § 2
2355 § 4 At-risk children and youth service needs 2355 § 4
2370 § 1 Transferring the cost of expert examinations for mental health commitments from
counties to the state
2370 § 1
Legislative Council 3 May 20, 2009
Bill or
Resolution
No. Study Description
Approved
for Study
Not
Approved
for Study
Maybe
(Further
Consideration)
2390 § 1 Establishment and development of certified technology parks 2390 § 1
2394 § 2 Educational and human services for minors who are pregnant 2394 § 2
2401 § 1 Bid requirements for public improvements 2401 § 1
2417 § 1 Landfill waste reduction program 2417 § 1
2420 § 1 Child support determination, ombudsman program 2420 § 1
2420 § 2 Ombudsman program – Child and family services 2420 § 2
2421 § 3 Involuntary mental health commitment procedures 2421 § 3
2422 § 1 Purchasing of goods and services by political subdivisions 2422 § 1
3001 Agriculture Century Code rewrite 3001
3003 Tribal social services needs-related state program 3003
3004 Indian education issues 3004
3005 Adopting of the Revised Uniform Limited Liability Company Act 3005
3006 Adopting of the Uniform Debt-Management Services Act 3006
3008 Workers’ compensation laws relating to prior injuries and conditions 3008
3013 Legal representation to injured employees for Workforce Safety and Insurance
decisions
3013
3019 Article X, Section 18, of the Constitution of North Dakota 3019
3023 Monetary amount triggers for criminal offenses 3023
3044 Allocation of wind rights 3044
3045 Severed and abandoned mineral rights, oil discounts 3045
3048 Bonding requirements placed on grain warehouses and buyers 3048
3051 Penalties, fines, and fees imposed by administrative rule 3051
3061 Educational delivery to Indian students 3061
4002 State workforce system 4002
4006 Professional development opportunities for teachers 4006
4009 Adequacy of governmental services 4009
4010 Transportation issues in the state 4010
4027 Leasing of state lands 4027
4028 Charitable gaming laws 4028
The Council recessed at 12:00 noon for lunch and
reconvened at 1:00 p.m. and continued its
consideration of prioritization of studies.
At the conclusion of the first time through the
studies, Chairman Carlson announced that 59 of the
studies had been approved for committee study,
16 had been denied, and 9 remained for additional
Legislative Council consideration.
The Council then considered Section 3 of House
Bill No. 1322 which provides for a study of livestock
feeding facilities and the use of byproducts for biofuels
production. It was moved by Representative
Boucher, seconded by Representative Meyer, and
carried on a voice vote that the Legislative Council
give approval to the study in Section 3 of House
Bill No. 1322.
The Council considered Section 4 of House Bill
No. 1459 relating to a study of the weed control
program of the Army Corps of Engineers on federal
land. It was moved by Representative Meyer,
seconded by Senator Erbele, and carried on a
voice vote that the Legislative Council give
approval to the study in Section 4 of House Bill
No. 1459.
The Council discussed Section 1 of House Bill
No. 1545 relating to the study of the feasibility and
desirability of creating a new type of limited liability
company called a low-profit limited liability company.
Representative Boucher said this study area has
potential as it would allow certain entities, in lieu of
providing grants, to provide financial support in return
for an investment. Senator Potter said he does not
believe there is any need for this study as nonprofits
can currently do many things, including purchasing
for-profit businesses. Chairman Carlson announced
the study would not be given priority.
The Council discussed the provisions of Section 24
of Senate Bill No. 2012 dealing with the review of the
Department of Transportation’s Fargo office.
Chairman Carlson said the location is a concern as it
is in a prime retail development area and there are
other places available for sand and salt storage.
Representative Monson suggested the Council not do
the study. Representative Meyer indicated there is a
need for it as there are additional considerations.
Chairman Carlson announced that as there was no
motion to approve this study the study would not be
given priority.
The Council discussed Section 8 of Senate Bill
No. 2021 dealing with the value of the Information
Technology Department’s Criminal Justice Information
Sharing Initiative. Representative Skarphol said there
Legislative Council 4 May 20, 2009
is no question of the value of the Criminal Justice
Information Sharing Initiative. He said the only
potential would be to review this system’s potential
value relating to the replacement of the State Radio
communications system. Chairman Carlson
announced that as there was no motion to approve
the study this study would not be given priority.
The Council considered Section 5 of Senate Bill
No. 2050 providing for a study of the EMS funding
system within the state. Representative Kreidt said a
potential value of the study would be to look at how
local political subdivisions are funding EMS, including
ambulances, as there is a wide variation in the
availability of funds for local ambulance services. It
was moved by Representative Kreidt, seconded by
Senator O’Connell, and carried on a voice vote
that the Legislative Council give approval to the
study called for in Section 5 of Senate Bill
No. 2050.
The Council considered the study called for in
Section 2 of Senate Bill No. 2342 regarding the impact
of Johnes disease on livestock producers in the state.
Representative Meyer said this study was needed as
this disease has a potential significant impact on
livestock producers in North Dakota. It was moved
by Representative Meyer and seconded by
Representative Wolf that the Legislative Council
give priority to this study. The motion failed.
The Council considered the study pursuant to
Section 4 of Senate Bill No. 2355 relating to the
statewide need for short-term shelter, assessment,
and intervention services for at-risk youth. Senator
Wardner said this is an issue that needs to be
considered, but in light of the passage of House Bill
No. 1044, which requires the Department of Human
Services to develop a program for services to
transition-aged youth at risk and the provision of
Senate Bill No. 2355, which appropriates $200,000 for
a pilot program for short-term shelter, assessment,
and intervention services for at-risk youth, he believes
this study is not necessary. Chairman Carlson
announced that as there was no motion to approve
this study the study would not be given priority.
The Council considered House Concurrent
Resolution No. 3045 dealing with the study of severed
and abandoned mineral rights and methods to reduce
the discount for oil produced in North Dakota.
Representative Meyer said this needs to be looked at
because there was not significant time during the
2009 session. Representative Skarphol suggested
the study not include the methods to reduce the
discount for oil produced in North Dakota as that was
a transportation issue separate from the issue of
severed mineral rights. Representative Meyer said
the discount issue related to instances where oil
companies have onsite storage and royalties are not
being paid to the mineral owners because the product
is not marketed. She said that is the issue that needs
to be studied relative to the effect of discounted oil. It
was moved by Senator O’Connell, seconded by
Representative Meyer, and carried on a voice vote
that the Legislative Council give priority to the
study called for in House Concurrent Resolution
No. 3045.
The Council reconsidered the study provisions of
Section 62 of House Bill No. 1400 relating to the
cancellation of school and early dismissal as a result
of severe weather or other emergency conditions.
The Council had previously decided not to approve
this study. Representative Wolf said she supported
this study citing an issue in Minot when the school
superintendent did not cancel school due to a winter
storm, resulting in the Minot Police Department
requiring the closure of the school. It was moved by
Representative Wolf and seconded by
Representative Boucher that the Legislative
Council give priority to Section 62 of House Bill
No. 1400. The motion failed.
The Council reconsidered its action regarding
Senate Concurrent Resolution No. 4009 regarding the
study of adequacy of governmental services, including
judicial services to respond to issues relating to an
aging population. The Council had previously decided
not to study this area. Representative Wolf indicated
that this issue was before the House Judiciary
Committee, was supported by Chief Justice Gerald W.
VandeWalle, and was to address in part an unfunded
mandate on local political subdivisions. It was moved
by Representative Wolf and seconded by
Representative Boucher that the Legislative
Council give priority to the study pursuant to
Senate Concurrent Resolution No. 4009. The
motion failed.
The Council reconsidered the provisions of
Section 4 of House Bill No. 1005 relating to the study
of the salaries of state elected officials. The Council
had previously approved this study area. Senator
Potter said this study was not necessary as elected
officials should be treated like other state employees.
It was moved by Senator Potter and seconded by
Senator O’Connell that the Legislative Council do
not study the salaries of state elected officials
pursuant to Section 4 of House Bill No. 1005. The
motion failed.
Senator Erbele discussed the Council’s potential
reconsideration of the study provisions in House Bill
No. 1425 relating to the feasibility and desirability of
transferring from the county to the state the
responsibility for the funding of foster care costs.
It was moved by Representative Skarphol,
seconded by Senator Grindberg, and carried on a
voice vote that the Legislative Council revise the
study provisions of Senate Concurrent Resolution
No. 4028 to include pari-mutuel racing laws and
the administration of pari-mutuel racing.
Regarding the studies approved, Legislative
Council members had additional directives or
comments summarized as follows:
• Regarding Section 7 of House Bill No. 1003,
Senator Stenehjem suggested the review of
felonies should include the issue considered in
the 2009 session of providing a cellular phone
Legislative Council 5 May 20, 2009
to an inmate of the Department of Corrections
and Rehabilitation.
• Regarding the study pursuant to Section 25 of
Senate Bill No. 2012 regarding highway
funding, it was moved by Senator Robinson,
seconded by Senator Holmberg, and carried
on a voice vote that the study be changed to
read “the study of potential options for
highway construction funding”.
• Senator Stenehjem said the reports regarding
the use by the Department of Transportation of
funding provided for the 2009-11 biennium from
state, federal, emergency, and other highway
funding; reports from the Department of
Emergency Services regarding emergency
snow removal grants distributed to counties,
townships, and cities, and emergency disaster
relief grants awarded to political subdivisions;
and reports from the Tax Commissioner
regarding political subdivision transportation
projects and programs should be received by a
Legislative Council transportation-related
committee. The reports from the Department of
Transportation and the Department of
Emergency Services are also to be provided to
the Budget Section. Senator Stenehjem said a
concern for the Legislative Assembly in 2011
will be the expectations to continue the level of
transportation funding provided for the 2009-11
biennium.
It was moved by Senator Robinson, seconded
by Representative Skarphol, and carried on a roll
call vote that the Legislative Council give approval
to the list of studies placed in the approved
category. Representatives Carlson, Boucher, Griffin,
Kreidt, Meyer, Monson, Skarphol, Weisz, and Wolf
and Senators Erbele, Grindberg, Holmberg,
O’Connell, Potter, Robinson, Stenehjem, and Wardner
voted “aye.” No negative votes were cast.
It was moved by Senator Grindberg and
seconded by Senator Robinson that the
membership of the Budget Section would consist
of the same membership as before, including
members of the House and Senate Appropriations
Committees, the majority and minority leaders and
their assistants from both houses, and the
Speaker of the House.
A substitute motion was moved by Senator
Potter and seconded by Senator O’Connell that
the Budget Section consist of the senator from
each of the 47 legislative districts and the most
senior representative from each of the
47 legislative districts based on years of service in
the House of Representatives, and in case of
equal seniority within a district, the member from
that district is determined by alphabetical order.
Senator Potter said this would address two of the
concerns regarding the constitutionality of the Budget
Section acting as a “minilegislature.” He said it would
provide broader representation as each district would
have two representatives. He said it also would
provide a better balance between the House and
Senate as each chamber would have equal
representation on the Budget Section. Representative
Monson said this would result in even more of a
“minilegislature” as there would be at least
94 members on the Budget Section. Representative
Skarphol said the Budget Section currently does not
approve additional spending that has not been
appropriated by the Legislative Assembly. Senator
Potter said the Budget Section can approve spending
and can therefore also disapprove spending. He said
although the Budget Section typically may approve
Emergency Commission requests, it does have the
authority to not approve those requests.
The chairman called for a roll call vote.
Representatives Boucher, Griffin, Meyer, and Wolf
and Senators O’Connell, Potter, and Robinson voted
“aye.” Representatives Carlson, Kreidt, Monson,
Skarphol, and Weisz and Senators Erbele, Grindberg,
Holmberg, Stenehjem, and Wardner voted “nay.” The
motion failed.
The Council considered Senator Grindberg’s
motion. Chairman Carlson called for a roll call vote.
Representatives Carlson, Boucher, Griffin, Kreidt,
Meyer, Monson, Skarphol, Weisz, and Wolf and
Senators Erbele, Grindberg, Holmberg, O’Connell,
Robinson, Stenehjem, and Wardner voted “aye.”
Senator Potter voted “nay.”
It was moved by Senator Robinson, seconded
by Representative Skarphol, and carried on a
voice vote that the chairman be authorized to
prepare a proposed interim committee structure
and a questionnaire containing the proposed
committee structure and to send the questionnaire
to legislators to indicate their preference for
service on interim committees.
Chairman Carlson announced the next meeting of
the Legislative Council for Tuesday, June 16, 2009.
No further business appearing, Chairman Carlson
adjourned the meeting at 3:30 p.m.
___________________________________________
Jim W. Smith
Director
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