Senate withdraws one bill, approves measures on rail, ethics, finance, pesticides and controlled substances

Bismarck — The North Dakota Senate on Jan. 13 withdrew Senate Bill 2162 by unanimous consent and gave final passage to a series of bills affecting rail policy, railroad crossings, ethics code language, controlled-substance scheduling, the Department of Financial Institutions' budget process, and state pesticide certification standards.

The most contested recorded vote of the morning was Senate Bill 2028, which establishes a continuing appropriation and a joint budget approval process for the Department of Financial Institutions; it passed 46-1. Senator Ben Barter, sponsor of SB2028, said the change would allow the department and the banking industry to respond faster to evolving regulatory needs and help keep regulatory control at the state level. “This is about keeping the regulatory control within the state and just providing our Department of Finance and the commissioner the ability to do so,” Barter said.

The Senate approved Senate Bill 2064, which updates the scheduling of controlled substances and includes an emergency clause. Senator Adrian Castaneda told senators the bill adds crystalline polymorph psilocybin (identified in the hearing as the compound currently known as COMP-360) to a provision that would allow reclassification from schedule I to schedule IV upon FDA approval; the bill passed 47-0, and the emergency clause was adopted.

Other bills the Senate passed on final reading included SB2068, which replaces the word “approval” with “cooperation” regarding the Public Service Commission’s role when the Department of Transportation applies for rail-service–related grants; Senator Eric Klein said the change clarifies that the Public Service Commission will continue to participate in discussions but that the DOT will not need PSC approval to apply. SB2068 passed 47-0.

Senate Bill 2061 allows the Department of Transportation to designate exempt railroad crossings (for example, signs that relieve buses and certain trucks from the current statutory stop requirement when tracks are not active); Senator Cory reported the bill had no opposition in committee and passed 47-0. Senator Cory said federal law is less restrictive on this point than current state law and that the change should reduce rear-end collisions by relying on signage instead of building pullout lanes.

Senate Bill 2052 updates language in the Century Code title related to restrictions on public officials and lobbyists so it clearly references elected officials; Senator Matthew Brownberger said the change is limited to the title and does not change due-process rights or substantive penalties, which remain in existing law. Senator Randy Deaver asked about due process for a civil penalty the ethics commission can assess; Brownberger responded the bill does not alter existing law on penalties or process. SB2052 passed 47-0.

Senate Bill 2086 updates state pesticide certification standards to align with EPA requirements so the state can continue implementing its applicator certification program; Senator Weber said the Agriculture Department must update these standards periodically to remain in federal compliance. The bill passed (final tally recorded as 47 ayes, 0 nays, 1 absent not voting).

Earlier, Senator Eric Klein moved to return Senate Bill 2162 to the floor for withdrawal; after the motion and a later unanimous-consent request, the Senate withdrew SB2162 because its issues were addressed in SB2161.

Votes at a glance

- SB2162 — Motion to return to floor and withdraw; withdrawn by unanimous consent (motion recorded; no roll-call tally). Noted reason: provisions addressed in SB2161. - SB2068 — Amend North Dakota Century Code, sec. 49 (rail service assistance); sponsor: Senator Eric Klein; passed 47-0. - SB2061 — Amend Century Code sec. 39-10-43 (railroad crossings); sponsor: Senator Cory; passed 47-0. - SB2052 — Amend Century Code sec. 54-66-13 (restrictions on public officials and lobbyists; title language update); sponsor: Senator Brownberger; passed 47-0. - SB2064 — Amend scheduling of controlled substances and declare an emergency (adds crystalline polymorph psilocybin recategorization upon FDA approval); sponsor: Senator Castaneda; passed 47-0; emergency clause passed. - SB2028 — Amend Century Code sec. 6 (budget approval process; continuing appropriation for Department of Financial Institutions); sponsor: Senator Barter; passed 46-1. - SB2086 — Create new section ch. 4.1-33 and amend ch. 4.1 (pesticide certification standards); sponsor: Senator Weber; passed (tally recorded as 47 ayes, 0 nays, 1 absent not voting).

Several senators offered brief explanations on the floor or asked procedural questions; there were no recorded floor amendments to these bills. The Senate adjourned to reconvene at 1 p.m. Tuesday, Jan. 14, 2025.