LEGISLATIVE BULLETIN – April 25, 2005

LEGISLATURE ADJOURNS

            It has been said that no one’s life nor property is safe while the legislature is in session.  Well, we’re safe again here in North Dakota.  The 59^th Legislative Assembly adjourned between 10 and 10:30 p.m. Saturday April 23.  That was the 76^th legislative day.  There is a Constitutional limitation of 80 days in a two-year cycle. 

            Judgments on what the session accomplished depend on who you are and your perspective.  Grain elevators made some gains, held the line on some issues, endured some disappointments, but had no major direct setbacks. 

            After several twists and turns, ups and downs, the railroad rate complaint received funding at a level of $945,000.  That includes $800,000 from the beginning farmer loan program, $20,000 carryover from the money appropriated last session for the investigation into filing a complaint, and $125,000 from other sources including the shipper participating in the case.  Money flowing through the Wheat Commission will be the bulk of the $125,00, with other ag groups committed for much smaller amounts.

            The railroad fuel surcharges bill, HB 1370, fell victim to concerns of some Senators that such a law would be challenged by the railroads and the state would end up with a lawsuit on its hands.  Grain Dealers had acknowledged that this could happen, but urged we go ahead anyway under the assumption that our laws are valid until proven otherwise, and that a state law was the most powerful way of attacking excessive fuel surcharges whether we won or lost in a challenge.  At the final conference committee meeting on this bill an Association-drafted amendment putting the matter in the hands of the Consumer Fraud Division of the Attorney General’s office was proposed.  This would have made it illegal for a railroad to advertise that its fuel surcharges were a mere pass-through of cost if they were actually more than that.  Representatives Owens, Weisz and Schmidt voted Aye Senators Trenbeath, Espegard and Warner voted Nay.  The bill now says only that the Legislative Council should consider studying the issue between now and the next legislative session.