LEGISLATIVE BULLETIN – February 14, 2005

Contact North Dakota House Members right away in support of HB 1370 regarding railroad fuel surcharges.

            HB 1370 will be on the House floor for amending and possible final vote as early as this afternoon.  The bill as amended prohibits “assessment of a railroad fuel surcharge on a shipment of commodities originating in this state if the surcharge is not assessed in a region, zone, or area on a per car basis or if the surcharge exceeds on a per car basis the surcharge on a carload shipment of the commodities originating in the same or similar region, zone, or area.”  This is not a perfect bill as is.  But it advances the concept of basing fuel surcharges on distance instead of the rate. 

            Members of the House Transportation Committee voting against the Do Pass recommendation were Delmore, Hawken, Iverson, and Weiler.  All others voted yea.  Chairman Weisz and Representatives Ruby and Vigesaa were particulary supportive of our cause.  Now is the time to contact House Members from your district and any others who you know from other districts.  If this bill fails to pass the House we are probably kaput on the fuel surcharges this session.

            The railroads will be telling legislators that the state has no jurisdiction.  Should we run and hide?  Why are the railroads lobbying against this bill if it won’t have any affect on them?  It is time for the state to register its objection to fuel surcharge abuse by passing a law against it. 

            Examples of fuel surcharge overcharge are in the Legislative Bulletin faxed out on February 8 and now posted on www.ndgda.org.  Furthermore, based on some of BNSF’s own numbers, it can be shown that the fuel surcharge on some western ND wheat shipments to the West Coast actually pay for the entire cost of the fuel, not just the price increases of the past couple of years.  Railroads will also be telling legislators that they are working on this problem.  They have been “working on it” for over a year.  At the Grain Dealers convention in January BNSF told the Association Board that the situation might be resolved in six to twelve months.  Should we wait that long and pay through the nose even longer in hopes of a “maybe”?  These fuel surcharges should be assessed on something related to cost, NOW, period.

To find information on legislators, go on the state website at http://www.state.nd.us/lr/.  Click on 59th (2005) in the Legislative Assembly box.  Then click on Senate or House of Representatives.  Then click on Senate Members or House members.  You can then choose by district, alphabetical, or a full roster.  Email addresses pop up regardless.  Phone numbers to contact or leave messages for your legislators are: 1-888-635-3447 (1-888ndlegis) or 701-328-3373.  The fax number is 701-328-1997.  Be sure to put the legislator’s personal name on your fax.