2017 Legislative Session - NDMCA Key Bill Crossover Report
Passed
Bill Number
NDMCA Position
Bill Description
HB 1021
Support
Legislative appropriation bill for Workforce Safety and Insurance
Comments:
HB 1110
Comments:
HB 1137
Comments:
HB 1139
Comments:
HB 1156
Comments:
HB 1202
Comments:
HB 1255
Comments:
HB 1288
Comments:
This bill offers WSI, essentially a hold even budget for the 17-19 biennium because their
operating funds come from employer premiums, not the General Fund. In addition, several small
IT projects have been approved by the ND House.
Allows cooperative agreements between DOT & private entities for the
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construction of certain items on the state highway system
The intent of this bill is to allow DOT to enter into agreements with private companies for pulloffs or other road features. While this concept is good. NDMCA is evaluating the bill language to
ensure this does not open the door for tolling.
Allows WSI to issue cease and desist orders to employers who have not paid
their premiums and clarifies that a general contractor can only be
Support
responsible for premiums of a non-paying subcontractor on the specific
work being done for that general contractor
This bill is important as it limits the liability of a general contractor for WSI premiums of a noncomplaint subcontractor or independent contractor and allows WSI to stop the work of noncompliant employer, thus minimizing premium increases to other employers.
Clarifies that an employee of a franchisee is not an employee of the
Support
franchisor in North Dakota
This bill simply clarifies that under ND law, an employee of a franchisee is not an employee of the
franchisor. This bill is important as some NDMCA member companies operate under a franchise
agreement.
Prohibits WSI from paying for medical marijuana and prohibits payment of
Support
WSI benefits for those testing positive for marijuana
NDMCA Supported this bill because if WSI covered the cost of medical marijuana as part of
course of treatment, a temporarily injured CDL holder could lose their job rather than be able to
return to work.
Support
Requires DOT to set rules for operation and testing of autonomous vehicles
NDMCA supports this bill because as autonomous vehicle technology becomes more prevalent,
ND needs the ability to adopt rules to allow its use in the state.
Support
Creates a large truck permit (129K) for certain US Highways
NDMCA strongly supports this bill as it effectively creates weight harmonization with most
surrounding jurisdictions on the US Highway Network. In addition, the bill allows weight
increases on I-94 & I-29 subject to action by Congress.
Creates an annual permit for over-length vehicles and allows night time
Support
movement of over-length vehicles
NDMCA strongly supports this bill because it offers time-saving and convenience for carriers
hauling over-length loads, similar to what is offered by many other states.
Passed
Bill Number
NDMCA Position
Bill Description
HB 1320
Support
Improves communication between the state permitting system & the
uniform county permit system and requires townships within a county using
the uniform county permit system to use that system
Comments:
NDMCA supports this bill because the lack of communication between the state permitting
system, the county permitting system and townships has caused problems for carriers in western
ND. In addition, this bill provides some transparency when county permit fees are established.
HB 1321
Oppose
Comments:
Broadens the 10% weight exemption on the movement of agricultural
products during harvest
NDMCA opposes HB 1321 due to the potential impact to highway infrastructure and because it
allows a 10% weight exemption during harvest to anyone hauling ag products, which aren't
defined in the bill. HB 1352 received a do not pass recommendation from the House
Transportation Committee which was overturned on the House floor. HB 1352 is the only bill
opposed by NDMCA which passed in the first half.
HB 1352
Monitor
Comments:
NDMCA is closely monitoring this bill to ensure it is not amended in a way problematic to the
trucking industry.
SB 2011
Comments:
SB 2012
Comments:
SB 2020
Comments:
SB 2045
Comments:
SB 2093
Comments:
Allows tow truck operators to take ownership of abandoned motor vehicles
Support
Legislative appropriation bill for the Highway Patrol
This bill essentially offers the Highway Patrol a hold-even budget, while reducing the number of
agency staff slightly. Given the budget climate, HB 2011 offers the HP with a better budget
outlook than most other general fund agencies.
Support
Legislative appropriation bill for the Department of Transportation
This bill drastically cuts the DOT budget for the 17-19 biennium, essentially returning the
agencies operation to a pre-oil boom level. General funds and one-time funding from the
strategic investment and improve fund have been cut reducing total appropriations by nearly two
billion dollars. HB 2012 also reduces the number of rural maintenance shops and drivers license
locations.
Legislative appropriation bill for the Upper Great Plains Transportation
Support
Institute
HB 2020 offers UGPTI a budget in line with most other general funded state agencies.
Appropriations have been cut by approximately 10% and there is no one-time funding to continue
the county road and bridge studies that have been conducted in the past.
Support
Reaffirms existing law for the jurisdiction of truck size and weight fines
SB 2045 removed the sunset on language that allows counties to retain fines for non-permitted
loads on county roads. NDMCA supports this as it promotes compliance with size and weight
laws and protects infrastructure.
Support
Relating to WSI subrogation liens
NDMCA supports this bill as it allows WSI to recover benefits when an employee sues for
damages in another state (essentially double dipping), thus protecting the WSI fund and
minimizing premium increases to ND employers.
Passed
Bill Number
NDMCA Position
SB 2094
Support
Comments:
SB 2204
Comments:
SB 2326
Comments:
SB 2341
Comments:
Bill Description
Relating to securing premium payments, employer noncompliance, and
employer false statements
SB 2094 clarifies what instruments WSI can use as a security instrument for premiums when a
new employer comes to ND and when a non-compliant employer seeks to become compliant. In
addition, this bill clarifies what the fine is for an employer who makes a false statement related
to a claim. NDMCA supports this bill as it protects the WSI fund and minimizes premium increases
to ND employers.
Creates a statewide interoperability radio network fund and assesses a
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surcharge of $40 for certain traffic violations
NDMCA is watching SB 2204 as it includes a surcharge of $40 for non-criminal traffic offenses,
effectively increases all traffic fine by $40.00 regardless if the fine is only a $5 parking ticket.
Prevents home rule counties and cities to from levying a local gas tax or
Support
motor vehicle registration.
NDMCA strongly supports SB 2326 due to the implications of a city or county gas tax on IFTA.
Monitor
Requires mud flaps on certain vehicles.
SB 2341 originally required tarping of certain loads by industry as well as mud flaps. This bill
received a do not pass recommendation by the Senate Transportation but was amended to a
mud flap only bill and overturned on the Senate floor. While NDMCA does not oppose a mud flap
requirement, the language of the bill could be improved. NDMCA will seek to have this bill
amended into a better form in the House.
Failed
Bill Number
HB 1176
HB 1184
Comments:
SB 2057
Comments:
NDMCA Position Bill Description
Oppose
Requires non-government trucks to tarp certain loads
NDMCA worked to defeat this bill as it was unfair to the trucking industry, while not effective in
solving the problem it sought to.
Monitor
Increases speed limit on all ND highways and the Interstate by 5 MPH
Monitored to ensure a different truck speed limit was not proposed
Monitor
Increases the interstate speed by 5 MPH
Monitored to ensure a different truck speed limit was not proposed
HB 1260
Oppose
Comments:
Would have provided unemployment benefits to employees locked out as part of a labor dispute.
NDMCA opposed as this provision may have been problematic for some NDMCA members.
Comments:
HB 1263
Comments:
Expanded unemployment insurance eligibility in the case of a labor dispute
Oppose
Increased the state's minimum wage by $2 then by CPI annually
NDMCA opposed this measure because the free market has driven wages up already and more
importantly, the proposed CPI increase would have been problematic for employers over time.
Failed
Bill Number
NDMCA Position
HB 1223
Oppose
Comments:
NDMCA opposed this bill due to the potential impact on employer premiums over time. ND
already has the lowest premiums in the country and the benefits of this proposal were uncertain.
HB 1261
Oppose
Comments:
HB 1262
Comments:
Bill Description
Would allow employers to purchase private insurance or self-insurer for
worker's compensation coverage
Expands workers' compensation coverage of certain volunteers & workers'
compensation coverage for mental injuries
Would have provided WSI benefits for any mental condition claimed to occur as a result of
employment. NDMCA opposed as it would have drastically increased workers comp claims and
premiums.
A bill to study of the regulation of workforce safety and insurance by the
Oppose
Insurance Department
NDMCA opposed this study resolution as this topic had been evaluated previously was not
needed.