North Dakota Bankers
Extraordinary Leadership for North Dakota Banks

February 13, 2023 - Update

February 13, 2023 - Update

Posted: Feb 12 2023

This Week at the Legislature

This week proved that no committee recommendation is safe from an active floor debate—in both chambers. Both the Senate and House flipped strong committee recommendations this week, both for “Do-Pass” and “Do-Not-Pass,” on various topics including insulin caps for public employees, a childcare tax credit, and limiting the Auditor’s ability to charge audit fees to political subdivisions.
 
Legislative leaders introduced this year’s “Legacy Fund Streams” bill, HB 1379, an update to last session’s blueprint plan for spending the earnings of the North Dakota Legacy Fund. Earnings are estimated at $486 million for the 2023-25 biennium and are likely to increase beyond that number.
 
Appropriators are feeling the crunch as more bills get re-referred, with both House and Senate Appropriations committees holding around 70 bills to still work on. A lot of work will be done in the next two weeks before crossover, and House members are already scheduled for an evening floor session next week.

Hearings and Other Action (2.6.23 – 2.10.23)

HB 1499 Residential Mortgage Revolving Loan Fund
The House Industry Business and Labor Committee heard HB 1499 Tuesday morning. Rep. Shannon Roers Jones introduced the bill. She explained the bill would create a $50M revolving loan fund managed by the Bank of North Dakota to buy down interest rates on home loan for a principal residence, within North Dakota, up to 2% below the market rate, but not lower than 4%. The interest rate buydown would be available for home loans originated by a local lender, up to $400,000, and the cost of the funds to buy down the interest rate would be forgiven 20% per year, so they would be completely forgiven after 5 years. Rep. Roers Jones testified the bill had problems and asked the committee to amend the bill into a study of the feasibility and desirability of creating an interest rate buydown program for a primary residence mortgage, as well as the potential impact on workforce, and increasing access to homeownership. There was no opposition, and the hearing was closed. The committee amended the bill into a study and gave it a 12-0-2 do pass recommendation. The full house passed the bill 76-14 on Friday afternoon.
 
HB 1082 – UCC Amendments Relating to Digital Assets
The House Judiciary Committee heard HB 1082 on Tuesday morning. Introduced at the request of the Commission on Uniform State Laws, HB 1082 addressed transactions largely involving emerging technologies, such as virtual (non-fiat) currencies, distributed ledger technologies, and, to a limited extent, artificial intelligence. Rep. Larry Klemin, Chairman of the North Dakota Commission on Uniform State Laws, explained why the legislation was introduced. He introduced Professor Candace Zierdt, who walked the committee through all the bill's provisions. NDBA’s Rick Clayburgh and ICBND’s Barry Haugen testified in support. There was no opposition,and the hearing was closed. The Committee should act on the bill early next week.
 
 
SB 2266 – Credit Union Field of Membership
The Senate Industry and Business Committee brought SB 2266 up for committee action Wednesday afternoon. After the committee discussed the bill, Sen. Jerry Klein presented amendments that stripped the bill of provisions that would have allowed statewide field of membership and branching outside of a credit union's geographic Field of Membership (FOM). The amendment reduced the requested 250-mile FOM to 125-miles. The amendments solely changed the bill to only focus on the 125-mile FOM radius. The committee adopted Sen. Klein's amendments 4-0 and gave the bill a 4-0 “Do Pass” recommendation.
 
On Thursday afternoon, the full Senate took up SB 2266 for floor action. After a significant amount of lobbying by both sides, the Senate passed SB 2266 by one vote (24 -23).
 
On Friday morning, NDBA’s Rick Clayburgh and ICBND’s Barry Haugen lobbied the Senators to reconsider the bill. They were successful in identifying two senators who would consider changing, however, there was no Senator who would rise to make a formal reconsideration motion. Therefore, reconsideration was not possible.
 
The bill now moves to the House which will hold hearings in the beginning of March after their Cross-over Recess.

Hearings This Week (2.13.23 – 2.17.23)

2/13/2023 09:00 AM
HB 1014

A BILL for an Act to provide an appropriation for defraying the expenses of the industrial commission and the agencies under its control; to provide for a transfer; and to provide an exemption. 
House Appropriations - Government Operations Division 
NDBA Priority 

02/13/2023 09:00 AM   
SB 2242

Relating to the Bank of North Dakota and the administration of the bulk propane storage tank revolving loan fund; to provide an appropriation; and to provide a continuing appropriation. 
Senate Appropriations 
Tracking 

02/13/2023 09:30 AM   
SB 2274

Relating to discrimination based on vaccination status or possession of an immunity passport. 
Senate Human Services 
Tracking 

02/14/2023 09:30 AM   
HB 1054

Relating to notary commissions. 
Senate Industry and Business 
Tracking 

02/14/2023 10:00 AM   
SB 2160

Relating to health insurance coverage of telehealth. 
Senate Human Services 
Trust 

02/15/2023 10:00 AM   
SB 2333

Relating to annually reconvened sessions of the legislative assembly. 
Senate Appropriations 
Tracking 

02/17/2023 09:00 AM   
HB 1080

Relating to allowing electronic proof of motor vehicle registration. 
Senate Transportation 
Tracking 

How to Contact Your Legislators

During a legislative session, a legislator can be reached at the State Capitol through: Otherwise, a legislator can be reached by mail, telephone or email at the address listed in the legislator’s biography, or one of the lists provided below. Individual legislator contact information is listed here:

Over the course of the session, NDBA may ask you to call your Senator or Representative to talk to them about a particular bill or to ask them to support or oppose a particular bill.

Legislator contacts from local bankers are extremely important, so, please, if we ask, contact your legislators!

Also, local legislative forums are great to attend because they inform you about issues beyond banking and let you get to know your legislators at home where they are most responsive to your interests and concerns.

Don’t be a stranger; get to know your representatives in Bismarck!

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