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Senate rejects bill to move administration of estuary livestock fund from Stockmen's Association to state agency
Summary
Senate Bill 2148, which would have shifted administration of proceeds from the sale of stray livestock (estuary) from the North Dakota Stockmen's Association to the State Department of Trust Lands, failed on final passage 3-44 after lawmakers said the change lacked justification and the department lacks casework capacity.
The North Dakota Senate rejected Senate Bill 2148 on final passage after debate about how the state's estuary livestock fund is administered. Final tally on Senate Bill 2148 was 3 ayes and 44 nays; the bill failed.
Senator Lam, speaking for the Agriculture and Veterans Affairs Committee, said estuary livestock are defined in the bill as "cattle, horses or mules whether branded or unbranded whose ownership cannot be determined." He explained that the North Dakota Stockmen's Association has administered the state's brand inspection program and the related estuary fund on behalf of the state since the early 1940s and that the chief brand inspector has staff and expertise to investigate ownership and return proceeds when an owner is found.
"When these animals are sold, the proceeds go into an account with the state treasury to be held until ownership can be determined," Lam said. He said the Stockmen's Association also conducts an annual audit of the fund to ensure transparency and sound management.
Senator Lam argued Senate Bill 2148 would move administration of the estuary fund to the State Department of Trust Lands but the department lacks the casework detail and staff oversight that the chief brand inspector provides. "This is all to say that this seems to be a solution in search of a problem," Lam said. The Agriculture and Veterans Affairs Committee recommended a do-not-pass on a 6-0 vote.
The clerk opened the voting key after floor proceedings; the final tally recorded the measure as lost by 44 nays to 3 ayes.
Because the Stockmen's Association currently has statutory authority to administer the brand inspection program and the estuary fund, opponents argued moving the account to the Department of Trust Lands would remove practical oversight from the agency that does the investigations and return proceeds when appropriate.
Votes and formal actions recorded in the transcript: final passage recorded as 3 ayes, 44 nays; bill lost.
