North Dakota : 2023-2024 Regular Session : BILL HB1166

Died in chamber

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State funding requirements for county weather modification operations; and to provide a penalty.

Sponsor: Rep Matthew Ruby & Rep Mike Beltz & Rep Jared Hagert & Rep Dennis Johnson & Rep Paul Thomas & Sen Larry Luick & Sen Janne Myrdal

Bill Details

A BILL for an Act to create and enact a new section to chapter 61-04.1 of the North Dakota Century Code, relating to requirements to cease cloud seeding; to amend and reenact subsection 10 of section 61-04.1-03, section 61-04.1-23, subsection 3 of section 61-04.1-24, and sections 61-04.1-26, 61-04.1-27, and 61-04.1-30 of the North Dakota Century Code, relating to state funding requirements for county weather modification operations; and to provide a penalty.

Bill summary

This bill does not prohibit weather modification or cloud seeding. Instead it regulates and restructures North Dakota's existing county-based weather modification program by establishing the following requirements: Mandatory cessation requirement NEW A weather modification authority conducting cloud seeding on a storm must cease cloud seeding when the radar reflectivity core of a seeded storm exiting the county operations area crosses the boundary of a township that borders a township of an adjacent county that does not have an active weather modification authority This protects counties that have opted out of weather modification programs from receiving seeded storms State contract requirement AMENDED Changes language from weather modification activities in conjunction with to under contract with the state of North Dakota clarifying that county weather modification activities must be conducted under formal state contracts Extension period changes AMENDED Reduces weather modification authority extension periods from five years to four years Mandatory ballot referral AMENDED Changes county commissioners authority from may to shall requiring commissioners to place weather modification authority extension questions on the ballot at the next general election when an authority is about to expire rather than making it optional Commissioner term adjustments AMENDED Reduces appointed commissioner terms from five years to four years for extended authorities aligning with the new four-year extension periods Financial reporting ADDED Requires weather modification authorities seeking property tax levy approval to file annual financial reports with the county auditor showing ending balances of all funds held Petition requirements RETAINED Maintains existing requirements that initial creation requires petition signed by at least 51 percent of qualified electors and authorities expire after ten years unless extended Abolishment procedures CLARIFIED Updates references to reflect that authorities are extended rather than created and maintains requirement that 20 percent of qualified electors can petition for abolishment election The bill maintains North Dakota's existing framework where weather modification is permitted and regulated at the county level through locally controlled weather modification authorities funded by property tax levies not exceeding seven mills with voter approval required for extensions

History

Introduced January 3 2023 by Representatives M Ruby Beltz Hagert D Johnson and Thomas and Senators Luick and Myrdal. Heard in House Agriculture Committee January 13 and February 10. Reported back amended with do pass recommendation February 13. Amendment adopted and passed House second reading February 14 with 69 yeas 22 nays. Received in Senate February 15 and referred to Agriculture and Veterans Affairs Committee. Multiple committee hearings held March 16 17 23 24 and 30. Reported back amended without recommendation March 31 with 6-0-0 vote. Amendment adopted April 3. Failed Senate second reading April 3 2023 with 14 yeas 33 nays.

Tue 03 Jan 2023 Introduced, first reading, referred to Agriculture
Fri 13 Jan 2023 Committee Hearing 10:30
Fri 10 Feb 2023 Committee Hearing 02:12
Mon 13 Feb 2023 Reported back amended, do pass, amendment placed on calendar 11 2 0
Tue 14 Feb 2023 Amendment adopted, placed on calendar
Tue 14 Feb 2023 Second reading, passed, yeas 69 nays 22
Wed 15 Feb 2023 Received from House
Thu 16 Feb 2023 Introduced, first reading, referred to Agriculture and Veterans Affairs
Thu 16 Mar 2023 Committee Hearing 10:15
Fri 17 Mar 2023 Committee Hearing 09:45
Thu 23 Mar 2023 Committee Hearing 03:40
Fri 24 Mar 2023 Committee Hearing 02:06
Thu 30 Mar 2023 Committee Hearing 08:51
Fri 31 Mar 2023 Reported back amended, without recommendation 6 0 0
Mon 03 Apr 2023 Amendment adopted, placed on calendar
Mon 03 Apr 2023 Second reading, failed to pass, yeas 14 nays 33

Supplementary documents

No supplementary documents available

Bill text

A BILL for an Act to create and enact a new section to chapter 61-04.1 of the North Dakota Century Code relating to requirements to cease cloud seeding to amend and reenact subsection 10 of section 61-04.1-03 section 61-04.1-23 subsection 3 of section 61-04.1-24 and sections 61-04.1-26 61-04.1-27 and 61-04.1-30 of the North Dakota Century Code relating to state funding requirements for county weather modification operations and to provide a penalty
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA
SECTION 1 A new section to chapter 61-04.1 of the North Dakota Century Code is created and enacted as follows
Cloud seeding operations Requirement to cease
A weather modification authority conducting cloud seeding on a storm must cease cloud seeding on the storm when the radar reflectivity core of a seeded storm exiting the county operations area crosses the boundary of a township that borders a township of an adjacent county that does not have an active weather modification authority conducting weather modification under this chapter
SECTION 2 AMENDMENT Subsection 10 of section 61-04.1-03 of the North Dakota Century Code is amended and reenacted as follows
10 Weather modification authority means the governing body created or extended by a board of county commissioners under section 61-04.1-22.1 61-04.1-23 61-04.1-27 61-04.1-29 or 61-04.1-31
SECTION 3 AMENDMENT Section 61-04.1-23 of the North Dakota Century Code is amended and reenacted as follows
61-04.1-23 Weather modification authority created by petition
1 A weather modification authority must be created by resolution and five commissioners appointed to the authority for ten-year terms of office by the board of county commissioners A board of county commissioners may not adopt a resolution creating an authority until the board has received a valid petition signed by at least fifty-one percent of the qualified electors of a county as determined by the vote cast for the office of governor at the last preceding general election The board of county commissioners shall appoint five residents of the county as weather modification authority commissioners from those names set forth in the petition and designated by the petitioners to be appointed weather modification authority commissioners If any one of the five candidates named in the petition to be appointed as a weather modification authority commissioner is unable or refuses for any reason to accept appointment as a commissioner or is disqualified by not meeting residence requirements as a qualified elector in the county the board of county commissioners shall name its own appointee for a ten-year term of office in place of any disqualified candidate selected by the petitioners If any weather modification authority commissioner submits a resignation in writing to the board of county commissioners or becomes unable to serve or disqualified for any reason after accepting office the board of county commissioners shall name its appointee as a commissioner to the weather modification authority All vacancies occurring otherwise than by expiration of term of office must be filled for the unexpired term
2 Any weather modification authority created pursuant to this section expires ten years after the date of the initial appointment of the commissioners to the authority Any unexpended funds remaining in the name of the weather modification authority after all proper bills and expenses have been paid must be transferred into the county general fund by the officers of the weather modification authority on or before the ten-year termination date provided by this section However all unexpended funds remaining in the name of the weather modification authority after all proper bills and expenses have been paid must remain in the name of the weather modification authority if the board of county commissioners of such county by resolution extends a weather modification authority and all its powers in accordance with section 61-04.1-27
3 Nothing in this section prevents continuation or reinstatement of a weather modification authority provided the authority is renewed for another ten years by petition of the qualified electors in the same manner as the initial weather modification authority was created by petition of qualified electors as provided for in this chapter
4 In the event more than one petition is filed with the board of county commissioners on or about the same time the petition with the highest percentage of the qualified electors of the county voting for the office of governor at the last preceding general election must be selected by the board of county commissioners However the petition with the highest percentage must have the signatures of at least forty percent of the qualified electors in the county and the sum total of all qualified electors signing all petitions filed must equal at least sixty percent of the qualified electors in the county The name of the same qualified elector may not appear on two or more petitions If the name of the same qualified elector appears on two or more petitions the name must be stricken from both petitions
SECTION 4 AMENDMENT Subsection 3 of section 61-04.1-24 of the North Dakota Century Code is amended and reenacted as follows
3 The following paragraph We the undersigned qualified electors of the name of county state of North Dakota are notified hereby that the creation of the name of county weather modification authority and the appointment of its commissioners by the name of county board of county commissioners will grant unto the authority by law the power to certify to the board of county commissioners a mill levy tax not to exceed seven mills upon the taxable valuation of property in said county for a weather modification fund which tax may be levied in excess of the mill levy limit fixed by law for taxes for general county purposes and that such fund shall be used for weather modification activities under contract with the state of North Dakota We the undersigned understand that the authority requested in this petition expires ten years after the creation of the weather modification authority except that the board of county commissioners may by resolution extend a weather modification authority and all its powers including the power to certify a tax levy as provided by section 61-04.1-26 for four-year periods in accordance with section 61-04.1-27
SECTION 5 AMENDMENT Section 61-04.1-26 of the North Dakota Century Code is amended and reenacted as follows
61-04.1-26 Funding for support of weather modification authority
The weather modification authority may request annually that the board of county commissioners provide funding from revenues derived from its general fund levy for support of the authority and to provide weather modification services In the year for which the levy is sought the weather modification authority seeking approval of a property tax levy under this chapter must file with the county auditor at a time and in a format prescribed by the county auditor a financial report for the preceding calendar year showing the ending balances of each fund held by the authority during that year The funding under this section approved by the board of county commissioners must be deposited in the weather modification fund and shall be used only for weather modification activities under contract with the state of North Dakota
SECTION 6 AMENDMENT Section 61-04.1-27 of the North Dakota Century Code is amended and reenacted as follows
61-04.1-27 Extension of weather modification authority and its powers by resolution
1 When a weather modification authority is about to expire the board of county commissioners of any such county shall by resolution place on the ballot at the next general election the question of whether the board of county commissioners shall authorize the extension of the existing weather modification authority and all its powers including the power to certify a tax levy as provided by section 61-04.1-26 for additional four-year periods If the majority of the votes cast on the question are in favor of the measure the weather modification authority is extended for an additional four-year period
2 The resolution to place the question on the ballot at the next general election to authorize the extension of the weather modification authority must be adopted by the board of county commissioners before the expiration date prescribed in the preceding resolution for its termination All weather modification operations may continue to operate and all weather modification authority board members may continue to serve under this chapter until the next regular meeting of the board of county commissioners immediately following the general election in which the question of extension is voted upon
3 Upon an affirmative vote under subsection 1 for the extension of the authority the board of county commissioners shall appoint five weather modification authority commissioners to four-year terms of office subsequently filling vacancies in the manner prescribed by section 61-04.1-23 The board of county commissioners may remove any weather modification commissioner from office whenever it appears by competent evidence and after hearing that the commissioner has been guilty of misconduct malfeasance crime in office neglect of duty in office or of habitual drunkenness or gross incompetency
SECTION 7 AMENDMENT Section 61-04.1-30 of the North Dakota Century Code is amended and reenacted as follows
61-04.1-30 Abolishment of weather modification authority by election
When a petition signed by not less than twenty percent of the qualified electors of the county as determined by the vote cast for governor in the last preceding gubernatorial election requesting an election upon the abolishment of a weather modification authority as extended in section 61-04.1-27 and created in section 61-04.1-29 is presented to the board of county commissioners not later than sixty days before the next countywide election the board of county commissioners shall submit the question to the qualified electors of the county at the next countywide election Upon approval by a majority of the votes cast on the question the board of county commissioners shall abolish the weather modification authority as of December thirty-first following the election All unexpended funds remaining in the name of the weather modification authority after all proper bills and expenses have been paid must be deposited in the general fund of the county