Legislative Bulletin - February 23, 2007

February 23, 2007
One page broadcast fax

TO:   North Dakota Elevator Managers and Allied Members

The ND Legislature completed crossover on Feb 15, took six days off, and resumed on Feb 21.  The Senate had 415 bills; passed 318 of them.  The House had 521 bills; passed 354.

HCR 3047 defeated.  This proposed study of grain grading procedures went down 39-51 on Feb 15. Your contacts with House members and floor speeches by Reps Pollert, Brandenburg and Weisz, produced this favorable result.  Still to come in the House is the Senate-passed SB 2365, which also calls for the same type of study.  Grain Dealers spoke against this as unnecessary, costly, and intrusive.  Testimony on www.ndgda.org.  The Feb 8 legislative bulletin has more detail.  Hearing in the House Ag Committee not yet scheduled

Also in-play is SB 2247, which would excuse from obtaining a roving grain buyer’s license any buyer who purchases from a ND licensed entity “grain that has been cleaned and processed and has had value added to it”.  NDGDA testified opposed on Feb 9.  An amendment defines “value added” as “taking grain to the next stage of production in preparation for consumption”.  ND Administrative Code rule 69-07-01-14 (page 162 of your 2006 ND elevator directory) already says that one who purchases from a licensed entity grain that has been “substantially altered by processing” need not be licensed. 

HB 1470, NDGDA’s bill on notice of termination of grain storage contracts, will be heard in Senate Ag March 1 at 10:45 a.m.   This corrects an oversight from the 2005 session that says elevators must tell receiptholders all their grain will be sold.  That may not be intended.

Other bills NDGDA supports are HB 1185,  HB 1338,  HB 1360,  SB 2008, and  SB 2368.

Currently the Legislature meets up to 80 days in odd-numbered years.  Rep Kretschmar has introduced HCR 3054 calling for a 60-day session in odd-numbered years and a 25-day session in even-numbered years.  Draw your own conclusions on whether this is a good idea.

CLEARANCES ALONG RAILROAD TRACK:

Be aware of the following in ND Century Code 49-10.1-13:  Clearance required for tracks.  "No person unless authorized by the (public service) commission shall erect or maintain on any railroad track or railroad right of way...any fixed or permanent structure or obstruction at a distance of less than eight feet [2.44 meters] from a railroad track, measured from the centerline of the track."   It is suggested you check your structures to verify compliance.