North Dakota Bankers
Extraordinary Leadership for North Dakota Banks

January 30, 2023 - Update

January 30, 2023 - Update

Posted: Jan 29 2023

This Week at the Legislature

It was another amazingly busy week at the Capitol. Landowners filled the hallways Thursday and Friday for a series of bill hearings relating to easing restrictions on anti-corporate farming laws, eminent domain, and CO2 pipelines. Committees are moving swiftly through bill hearings and both the House and Senate are clearing their respective floor calendars daily. Policy committees must vote on any policy bills with an appropriation by Feb. 6, sending those to the floor, where any winners will be re-referred to the corresponding Appropriations committee.
Legislative bill filing deadlines have now passed. There are 959 bills introduced, compared to 844 in 2021 and 907 in 2019. The deadline for resolutions filed is also now past with an exception for constitutional amendments and study resolutions, which have a separate deadline of Feb. 21. The Delayed Bills Committee can approve late filed bills but does it rarely. Experienced strategists know many future changes can be made by way of amendment. That is why we will continue to follow the process closely.  

Hearings and Other Action this Week

HB 1429 – State Contracts with Companies that Boycott Industries
The House Industry Business and Labor Committee heard HB 1429 Monday morning. HB 1429, which was sponsored by Rep. Anna Novak, would prohibit the State from contracting with companies that boycott North Dakota economic sectors dealing with fossil fuel, agriculture, and firearms. The Lignite Energy Council, Western Dakota Energy Association and National Shooting Sports Foundation testified in Support. North Dakota’s Chief Procurement Officer and representatives from the Retirement and Investment Office testified in Opposition. Both offered to work with the committee to try and adopt amendments that might address some of the major flaws in the legislation. NDBA’s Rick Clayburgh testified in a Neutral position, asking the committee to ensure the term boycott would not include a bank when it conducts a proper risk analysis and declines do business with a business involved in one of the protected industries. In addition, he noted the Association’s strong opposition in a State created business blacklist. The hearing was closed without committee action. 
HB 1283 – Fair Access to Financial Products
The House Industry Business and Labor Committee heard HB 1283 on Tuesday morning. HB 1283, which was sponsored by Rep. Anna Novak, requires a financial institution or insurance company to disclose to the DFI Commissioner if they use ESG standards to determine access or denial of financial or insurance products. In addition, the Commissioner shall create and publish a list of the institutions who have adopted such standards. At the beginning of the hearing, Rep. Novak offered amendments to be adopted to remove insurance companies from the bill. Jason Bohrer, President and CEO, Lignite Energy Council, testified in Support of the legislation. The majority of his testimony dealt with their inability to insure operations in the State or fund new generation facilities. DFI Commissioner Lise Kruse, NDBA’s Rick Clayburgh, and BND’s Kelvin Hullet testified in Opposition. Clayburgh noted ICBND is also opposed. ICBND’s Barry Haugen was in another committee testifying on a bill. Kruse and Clayburgh testified that with the amendments, the only institutions affected by the bill were North Dakota state-chartered financial institutions. Both expressed concern with the State publishing a blacklist of legal businesses in the state. The hearing was closed without committee action. Chairman Louser plans to bring all the ESG bills up for discussion during the same work session.
SB 2263 – Escrow Accounts
The Senate Industry and Business Committee heard SB 2263 Tuesday morning. SB 2263 was introduced by Sen. Scott Meyer on behalf of ICBND and the Land Title Association. The bill’s purpose is to align North Dakota Century Code with RESPA when dealing with mortgage escrow accounts, along with any surplus in those accounts.  ICBND, The Land Title Association and Housing Finance testified in Support of the legislation. ICBND’s Barry Haugen noted NDBA support of the bill. The hearing was closed. During committee discussion, an amendment was adopted to delete a word inadvertently placed in the definition of borrower. The committee gave the bill a 5-0 Do Pass recommendation and on Thursday, the full Senate passed the bill 47-0.
SB 2217 – Calculation of Interchange Fees and State Taxes
The Senate Finance & Tax Committee heard SB 2217 Wednesday morning. SB 2217, which was introduced by Sen. Vedaa, would prohibit financial institutions from charging an interchange fee on the sales tax portion of credit and debit card transactions. Members of the ND Retail Association and Petroleum Marketers Association testified in Support. ICBND’s Angie Olson and Barry Haugen, along with NDBA’s Rick Clayburgh, testified in Opposition. They explained the United States interchange infrastructure does not support a system where multiple amounts (like taxes) can be excluded from the interchange fee. The hearing was closed without committee action. That afternoon, the committee brought the bill up for discussion. Chairman Kannianen and Sens. Patten and Rummel spoke against passing the bill because of its unworkability. (FYI – Kannianen and Rummel co-sponsored the legislation.)  A Do Not Pass motion was made and failed 3-0, a Do Pass motion was made and failed 3-0.  Finally, the committee made a motion “without committee recommendation” which passed 6-0. Sen. Magrum, who missed the opposition’s testimony during the original committee hearing, said, “Don’t worry, the big guys will figure it out.” The bill was heard on the Senate floor Thursday afternoon. Sens. Kannianen and Patten did a great job with opposition speeches. However, the sheer volume of merchant calls versus banker contact carried the day. The bill passed the Senate 26- 21. A House committee hearing will not occur until after Crossover Recess. (March 1).  
HB 1360 – Revised Unclaimed Property Act
The House Judiciary Committee heard HB 1360 Wednesday morning. HB 1360 was introduced by Rep. Larry Klemin at the request of the Unclaimed Property Division of the North Dakota Department of Trust Lands. HB 1360 is intended to clarify that upon receipt of a notice for an examination, a holder of property shall retain, until the conclusion of the examination or any related appeal or litigation, all
relevant records dating back 10 years from the commencement of the examination. The need for the bill is in response to two Michigan court decisions that deemed, based on the construction of the statute, that the SOL is only tolled by the commencement of an “action or proceeding” by the Unclaimed Property Administrator. The language for the legislation came from a Delaware statute. NDBA’s Rick Clayburgh testified in Support of the bill and offered an amendment to further define what records need to be retained. NDBA’s amendment also came from the Delaware statute. The hearing was closed without committee action. That afternoon, the committee adopted NDBA’s amendment 13-0 and gave the bill a 13-0 Do Pass recommendation. The bill now awaits full House action.
HB 1008 – DFI Appropriation
HB 1014 – Industrial Commission Appropriation Bill (BND & Housing Finance)

The Government Operation Division of the House Appropriations Committee continued their review of both budgets. No formal action has occurred.
HB 1106 – Appraisal Management Companies
HB 1107 – Regulation of Real Estate Appraisers

On Tuesday afternoon, the House Industry Business and Labor Subcommittee Committee held its second and final meeting regarding HB 1106 and HB 1107. Representatives of the Appraisal Board, Appraiser Association, Appraisal Management Association, NDBA, ICBND, North Dakota Realtors, North Dakota Home Builders and DFI Commissioner Kruse again met with the committee to discuss the legislation and its impact on appraisal reviews. After lengthy discussions, the committee voted 3-0 to recommend to the full IB&L Committee a Do-Not-Pass recommendation on HB 1106 and to amend HB 1107, removing AMC appraisal review restrictions and adding the Bank of North Dakota (BND) amendment to allow BND the ability to do property valuations and appraisal reviews for North Dakota financial institutions. The hearing was closed.

Hearings This Week

01/30/2023 08:30 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 

01/30/2023 09:00 AM   
HB 1460

Relating to a paid family medical leave program and an income tax credit for contributions paid into the paid family medical leave fund on behalf of eligible employees; to provide an appropriation; to provide for a transfer; and to provide an effective date. 
House Industry, Business and Labor 

01/30/2023 10:30 AM   
SB 2210

Relating to individual retirement and employee benefit trusts. 
Senate Industry and Business 
NDBA Priority 

01/31/2023 09:30 AM   
HB 1392

Relating to the authority to deposit money into institution accounts at the Bank of North Dakota. 
House Education 

01/31/2023 02:00 PM   
SB 2266

Relating to credit union membership. 
Senate Industry and Business 
NDBA Priority 

02/01/2023 08:00 AM   
HB 1487

Relating to financial institutions use of merchant codes to track firearm and ammunition-related purchases; and to provide a penalty. 
House Industry, Business and Labor 
NDBA Priority 

02/01/2023 08:00 AM   
HB 1485

Relating to the authority of the ethics commission; and to amend and reenact subsection 5 of section 28-32-08.1 and section 54-66-11 of the North Dakota Century Code, relating to the rulemaking process of the ethics commission. 
House Industry, Business and Labor 

02/01/2023 03:00 PM   
SB 2296

Relating to agency adjudications and judicial deference in administrative hearings. 
Senate Judiciary 

02/02/2023 09:00 AM   
SB 2312

Relating to large expenditure disclosure statements required of political committees; to amend and reenact subsection 3 of section 16.1-08.1-03.5 and section 16.1-08.1-03.7 of the North Dakota Century Code, relating to independent expenditures; and to provide a penalty. 
Senate State and Local Government 

02/02/2023 09:30 AM   
SB 2315

Relating to campaign contribution limitations in legislative races; to amend and reenact subsection 4 of section 16.1-08.1-02.3, subsection 4 of section 16.1-08.1-02.4, and section 16.1-08.1-03.14 of the North Dakota Century Code, relating to campaign disclosure statements; and to provide a penalty. 
Senate Stateand Local Government 

02/02/2023 10:00 AM   
HB 1278

Relating to the prudent investor rule; and to amend and reenact section 21-10-02, subsection 1 of section 21-10-08.1, and subsection 2 of section 21-10-11 of the North Dakota Century Code, relating to the state investment board and the legacy fund. 
House Government and Veterans Affairs 
NDBA Priority 

02/02/2023 10:00 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 Energy and Natural Resources 

02/02/2023 11:00 AM   
HB 1411

Relating to public employees retirement system health benefits coverage of prosthetic devices; to provide for application; and to declare an emergency. 
House Appropriations 

02/02/2023 02:30 PM   
HB 1368

Relating to a prohibition on investments and contracts with companies that boycott Israel. 
House Government and Veterans Affairs 

02/02/2023 04:00 PM   
HB 1008

A BILL for an Act to provide an appropriation for defraying the expenses of the department of financial institutions. 
House Appropriations - Government Operations Division 
NDBA Priority 

02/03/2023 09:00 AM   
HB 1356

Relating to foreign investment in North Dakota; and to amend and reenact subsection 1 of section 47-10.1-02 of the North Dakota Century Code, relating to the restriction on acquisition of agricultural lands by aliens. 
House Agriculture 

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!

Designed and developed by Odney