 February 4, 2003 - LEGISLATIVE BULLETIN The deadline for
introduction of bills and resolutions has passed.
At the end of January there were 502 House Bills, 416 Senate
Bills, 48 House Resolutions and 29 Senate Resolutions, for a total of
995 pieces of legislation. The
Delayed Bills Committee can allow more bills in if it deems them
critical enough. SB 2358, the
Grain Dealers’ bill on rail leases and indemnity clauses was
introduced on January 27 and the hearing will be held on Thursday
February 13 at 9:00 a.m. in the Senate Transportation Committee.
This bill provides some relief on exorbitant lease costs. It also voids indemnity clauses in leases or other agreements
that purport to shift liability to the lessee or property owner even if
the fault of any accident rests with the railroad.
The bill also voids clauses requiring extra insurance to cover
employees of the railroad. CONTACTS
WITH MEMBERS OF THE SENATE TRANSPORTATION COMMITTEE AND ALL SENATORS IN
SUPPORT OF THIS BILL ARE NEEDED. HB 1026, the
Transgenic Wheat Board, was given its death sentence on January 30 when
the House Ag Committee gave it an almost straight party line 10-3 Do Not
Pass recommendation. The
Committee had rejected amendments offered by Representative Phil Mueller
which would have changed the composition of the Board and strengthened
its powers. The Grain
Dealers’ position had been to put more marketing people and less
academic people on the Board, and give it some authority over the
introduction of genetically modified spring wheat. HB 1197, the
credit sales indemnity fund bill, is likely to be amended to raise the
$100,000 coverage cap to $250,000 per contract holder per insolvency
proceeding. A sublimit is
80% of contracts with that elevator.
This means the first $312,500 of credit sales are covered at
80%=$250,000 max payout. SB 2008 is the PSC’s budget, including
the $250,000 to begin looking into a rail rate complaint.
CONTINUING CONTACT WITH MEMBERS OF THE SENATE APPROPRIATIONS
COMMITTEE NEEDED, ESPECIALLY SUBCOMMITTE SENATORS SCHOBINGER, CHRISTMANN,
AND MATHERN. All three of the anhydrous bills in the
House are still alive – 1194, 1222, 1352.
Your Association, along with other ag groups, is working for
immunity from civil liability if thieves are hurt stealing your
anhydrous. We are opposed
to requiring nurse tank locks because they are of questionable
effectiveness. HB 1314 exempts soil-disturbing ag
activities down to 24 inches from having to call ND One-Call.
The current limit is 18 inches.
This affects anything from putting in a fence post to soil
sampling to deep tillage. The
electrical and telecommunications industries opposed.
CALLS TO MEMBERS OF THE HOUSE POLITICAL SUBDIVISON COMMITTEE ARE
NECESSARY TO SALVAGE ANYTHING OF THIS BILL.
It has been suggested that field flagging be good for 30 days
instead of the current 10 days. HB 1372 was to have exempted grain
elevators from the 10-minute railroad-crossing limitation when loading
or unloading product. There
was stiff resistance and that part was amended out of the bill. SB 2113 concerns weighing and measuring
devices for anhydrous. This
one would have phased-out percent gauges over the next 10 years. Some Senate Industry, Business and Labor committee members
questioned if there was sufficient problem to warrant anhydrous dealers
to switch to the more expensive meters or use scales. This bill has been unanimously reported out of committee with
a Do Not Pass recommendation. ANHYDROUS
DEALERS TAKE NOTE: PSC
testimony on this bill was that 60% of the time percent gauges give away
product to the buyer; 40% of the time the buyer is shorted.
Variations can range from insignificant to substantial.
At least part of the cost of converting to something more
accurate will pay for itself. New bills introduced since the January 24 Legislative Bulletin include SB 2356, which prohibits technology fees or other fees payable from producer to seed patent holder in contracts governing the sale and use of transgenic seeds; SB 2407 regarding the weight of self-propelled fertilizer spreaders; SB 2408 which adds eleven new sections to the code requiring a certificate of approval from the Industrial Commission for the sale of transgenic wheat seed. HEARINGS
LATER THIS WEEK February 6 SB 2407, weight of self-propelled fertilizer spreaders in Senate Transportation at 9:15 a.m. HB 1456, assesses $200 per car fee on shuttle loaders to be distributed by PSC to non-shuttle loaders. House Transportation at 10:00 a.m. HB 1403, establishes the order of
opportunity to buy surplus railroad right of way.
House Transportation at 3:00 p.m. February 7 HCR 3021, opposes federal preemption of states’ grain buyer laws. House Ag at 9:00 a.m. SB 2356, prohibits technology fees payable from producers to seed patent holder in contracts governing the sale and use of transgenic seeds. Senate Ag at 9:45 a.m. HB 1222, provides immunity from civil liability for all owners of anhydrous from thieves stealing the anhydrous. House Ag at 10:15 a.m.
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