The State and Local Government Committee voted to give Senate Bill 2308 a do-pass recommendation as twice amended, advancing a package of changes that shift boards, programs and licensing authorities among state agencies.

The committee adopted amendment 02/2004, a managers’ amendment that merged prior changes, by a 6-0 roll call. The committee later approved a separate change to remove the state soil classifier board from the bill, also by 6-0. The final committee vote to recommend the bill as twice amended was 5-1.

Why it matters: the amendment package moves several duties and boards among state agencies — including transferring responsibility for the statewide longitudinal data system (SLEDS) from the Superintendent of Public Instruction to the Information Technology Department (ITD), moving on-site wastewater technical guidance responsibilities to the Department of Environmental Quality (DEQ), and creating a Department of Water Resources with new licensure and permitting authority for wells, pitless units and weather-modification programs. The amendment also creates a board-review task force under the Office of the Governor to assess boards for duplication and inefficiency.

Reed Johnson, identified as a legal intern in the Office of the Governor, walked the committee through the 02/2004 amendment and the parts that were changed from the introduced version. "Section 12 is the board review task force, and it's going to be underneath the Office of the Governor," Johnson said, summarizing the membership and duties. He also described the SLEDS transfer and the change requiring interagency agreements identifying applicable privacy laws when agencies provide data to ITD.

Committee members debated the soil-classifier provision after the managers’ amendment passed. Senator Lee said advocates had "proven their point" and that, with the task force review in place, she was comfortable retaining the soil classifiers unless later review recommended their elimination. Senator Wallen moved to remove the soil-classifier board from the bill; the committee approved that change 6-0.

The bill contains many technical and substantive transfers and reorganizations across state agencies, including: shifting SLEDS duties and authorizing ITD to receive continuing appropriations subject to federal and state privacy laws; moving water-well contractor licensing and related definitions to the new Department of Water Resources; and reassigning weather modification permitting, grant receipt and fund allocation from the North Dakota Atmospheric Resource Board to the Department of Water Resources.

The committee recorded a final do-pass recommendation for Senate Bill 2308 as twice amended by a 5-1 vote. Senator Brownberger registered the sole no vote on the final motion, while Chair Roars, Vice Chair Castaneda, Senator Barta, Senator Lee and Senator Wallen voted aye.

The bill now moves to the floor with the committee’s recommendation. Members said additional debate is expected in the House and on the floor before any final changes.

Ending: The committee carriers and staff said they expect further amendment opportunities in subsequent chambers and that the substantive transfers (SLEDS, water resources, weather modification and board review) will be subjects for additional legislative scrutiny.