House advances package of Senate bills on cottage foods, tax disclosures, PERS and agriculture checkoffs

The North Dakota House of Representatives on final consideration approved a package of Senate bills addressing cottage‑food sales, tax‑incentive disclosures, public‑employee retirement rules, agriculture checkoffs and other administrative changes. Roll calls on the major measures produced wide margins on many bills and closer votes on several agriculture and local transparency items.

Why it matters: The votes change where small food businesses may sell, alter what tax‑incentive data the Legislature can request, update multiple provisions of the state public‑employee retirement system, and increase industry checkoffs that fund commodity programs. Collectively the measures affect small businesses, local governments, and state agency operations.

Senate Bill 23‑86 (cottage foods): Representative Rios, carrying the bill for the House Agriculture Committee, described the measure as removing restrictions on interstate and online cottage‑food sales that had been excluded from the original 2017 law. "The North Dakota Cottage Food Act of 02/2017 was a great thing," Rios said, and the bill would allow producers to sell across state lines and over the internet. The House recorded 90 yeas and 1 nay; the bill was declared passed and the emergency clause carried.

Senate Bill 23‑38 (tax‑incentive data disclosure): Representative Hager, carrying the bill for the Finance and Taxation Committee, said the measure clarifies what qualifies as a tax incentive and restores a process for the Tax Commissioner to provide data to the Legislature. Committee members and floor speakers discussed statutory limits on disclosing names when an incentive affects five or fewer taxpayers; Representative Hager and Representative Hedlund explained that names generally are not released when the population is small. The House voted 91 yeas, 0 nays; the bill passed.

Senate Bill 21‑71 (Board of Counselor Examiners): The bill, carried to the floor by Representative Hager for the Political Subdivisions Committee, would allow the North Dakota Board of Counselor Examiners to adopt administrative rules and update technical systems to implement licensing changes tied to the interstate compact for counselor licensure. A fiscal note attached to the bill estimated additional revenues of about $41,000 in each listed biennium to other funds. The House approved the bill, 89 yeas and 2 nays.

Senate Bill 22‑11 (rural attorney recruitment and retention): Representative Clamine presented the bill to expand eligibility for the rural attorney recruitment program to allow retention incentives in counties with five or fewer attorneys. Floor comments summarized the program’s $45,000 monetary incentive (paid in five annual installments) and the required funding shares from the state bar association, local government and the Supreme Court. The House voted 73 yeas, 17 nays; the bill passed.

Senate Bill 21‑61 (wheat and barley assessment/checkoff changes): Representative Volmert, reporting for the Agriculture Committee, said the bill permits appointment of at‑large representatives to industry councils and raises assessments at first sale: up to 2¢ per bushel on wheat (0.5¢ initial increase refundable on request) and a 1¢ increase on barley to 3¢ per bushel. The bill includes fiscal estimates provided by the North Dakota Barley Council showing multi‑million‑dollar impacts in special funds. The House approved the bill, 79 yeas and 11 nays.

Senate Bill 21‑52 (statements of full consideration on deeds under 80 acres): Representative Twy and sponsor Representative Vedder said the bill removes the 80‑acre exemption so deeds for smaller agricultural parcels must show the full consideration paid. Supporters said the change increases transparency and improves comparable sales data for appraisals and financing; some members questioned how market variability and place‑specific values would be reflected. Vedder said the deed shows the sale price "after the sale," not an assumed pretransaction value. The House passed the bill, 75 yeas and 16 nays.

PERS and retirement‑related bills (SB 21‑19, SB 21‑21, SB 22‑27): The House approved multiple bills amending the North Dakota Public Employees Retirement System (NDPERS). Representative McLeod and Representative Grinberg summarized changes that clarify disability‑benefit eligibility, update multiple administrative and federal‑tax‑related provisions, and allow a limited retroactive exception for appointed positions so certain retirees returning to appointed unclassified positions will retain retiree status. The House recorded unanimous or strong support on these measures: SB 21‑19 passed 90‑0; SB 21‑21 passed 90‑0; SB 22‑27 passed 85‑6 and the emergency clause carried; the retroactive date specified for SB 22‑27 was December 14, 2024.

Other notable bills: - SB 20‑75 (hours‑of‑duty exemption for certain drivers) aligns intrastate short‑haul duty hours with federal rules; Representative Mackey said the change moves the intrastate limit from 12 to 14 hours and requires 10 consecutive hours off. The House passed the bill 91‑0 and the emergency clause carried. - SB 21‑30 (prequalification, selection and contracting for A/E and construction services for National Guard projects): Representative Satra said the bill streamlines procurement to access federal reimbursements for roughly 83 projects and an estimated $14–$16 million in additional federal funds in the near term. The House passed the bill 86‑4 and the emergency clause carried. - SB 23‑24 (home‑rule charter alignment): The bill allows cities and counties to amend their home‑rule charters by resolution to align with changes in the North Dakota Century Code, with limits on adding powers and with a public‑notice requirement. The House passed the bill 85‑6. - SB 20‑72 (contracts limiting liability to the state): Representative Vetter said the bill modernizes language and raises a dollar threshold related to limiting state liability for software and click‑through agreements. The House passed the bill 91‑0. - SB 21‑50 (corporate/LLC farming and ranching cleanup) and SB 21‑44 (Secretary of State technical changes) were both approved on final consideration (91‑0 and 89‑2, respectively).

Votes at a glance: The House recorded the following final votes on the bills noted above — SB 23‑86 (90‑1, emergency clause carries); SB 23‑38 (91‑0); SB 21‑71 (89‑2); SB 22‑11 (73‑17); SB 21‑61 (79‑11); SB 21‑52 (75‑16); SB 20‑73 (90‑0); SB 21‑19 (90‑0); SB 21‑21 (90‑0); SB 22‑27 (85‑6, emergency clause carries); SB 21‑50 (91‑0); SB 20‑75 (91‑0, emergency clause carries); SB 21‑30 (86‑4, emergency clause carries); SB 23‑24 (85‑6); SB 20‑72 (91‑0); SB 21‑44 (89‑2). (Tallies are the final votes as announced on the House floor.)

The House adjourned at the close of the session and scheduled its next convening for 1 p.m. Wednesday, March 12, 2025.