LEGISLATIVE BULLETIN - February 28, 2003

Here are some matters to discuss with your legislators over the weekend:

SB 2008, PSC budget including $250,000 for investigation into a rail rate complaint will be heard on Tuesday March 4.  Members of the Government Operations Subcommittee of the House Appropriations Committee need contact in support.  They are Reps Carlisle of Bismarck, Carlson of Fargo, Glasheim of Grand Forks, Koppelman of West Fargo, Kroeber of Jamestown, Skarphol of Tioga, Thoreson of Fargo, Timm of Minot, and Warner of Ryder.

HB 1486, the Wheat Commission checkoff bill, will be heard in the Senate Ag Committee on Thursday March 6 at 2:30.   Wheat Commission is opposed.  Grain Dealers is opposed.  Contacts with Senators Flakoll of Fargo, Erbele of Lehr, Klein of Fessenden, Urlacher of Taylor, Nichols of Palermo and Seymour of Minot are necessary.  Reasons for opposition are in previous bulletins and 1486 testimony on www.ndgda.org.  These boil down to farmer resistance, increased refunding resulting in damage to Wheat Commission promotion program, diversion of funds to private groups, accountability of funds.

Up for hearing next Friday is HB 1197, the credit sale indemnity fund, in Senate Ag on Friday March 7.  Association supports.  Committee Senators listed above.  Also up for hearing next week are HB 1352 on immunity from civil liability on anhydrous and pilot project for anhydrous security measures; SB 2407 regarding weight of fertilizer spreaders and chemical applicators;  HCR 3018, a study of the impact of high volume grain terminals on the highway system and how to mitigate impact; and HCR 3021,  putting the legislature on record as opposing the federal preemption of state grain buyer laws.

One railroad’s reactions to SB 2358 was to send an overnight letter to some of its lessees telling them, in part, “For many lessees, the passage of this law will likely mean their leases must be terminated, and tenants will be asked to demolish and remove their improvements.”  And I’ll huff, and I’ll puff, and I’ll blow your house down too!  This railroad reaction is testimony FOR SB 2358.  In a nutshell, this bill provides for PSC adjudication of disputes over railroad site leases, and places some of the liability for a railroad’s at-fault acts on the railroad, where it belongs.  Nothing in this bill requires railroads to assume liability for acts other than their own.  So we aren’t folding our tent on this bill.  In fact it would be a good time to start talking to House Transportation Committee members in support of it.  They are listed in your Lawmakers book.  And please discuss the merits of this bill with other lessees in your community, such as implement or fuel dealers, who may feel intimidated by the railroad.   Please fax to the Association office (701-235-1026) a copy of any correspondence you receive from your railroad on this matter.

Here is how you can contact legislators:  Phone numbers are: 1-888-635-3447 or 701-328-3373. The fax number is 701-328-1997. Internet users can go on a state website at http://www.state.nd.us/lr/.  Under Legislative Assembly, click on 58th (2003) for access to the legislators’ Email addresses.