NORTH DAKOTA LEGISLATIVE MANAGEMENT Minutes of the LEGISLATIVE MANAGEMENT Thursday, November 3, 2011 Prairie Room, State Capitol Bismarck, North Dakota Representative Al Carlson, Chairman, called the the meeting, the committee discussed whether to meeting to order at 1:00 p.m. undertake this study. Members present: Representatives Al Carlson, It was moved by Representative Kelsh, David Drovdal, Jerry Kelsh, Shirley Meyer, Kenton seconded by Senator Taylor, and carried on a roll Onstad, Don Vigesaa, Robin Weisz; Senators Robert call vote that the Legislative Management assign Erbele, Joan Heckaman, David Hogue, Ray the study provisions of House Concurrent Holmberg, Gary A. Lee, Larry Robinson, Ryan M. Resolution No. 3007 to the interim Energy Taylor, Rich Wardner Development and Transmission Committee. Members absent: Representatives Chuck Representatives Kelsh and Meyer and Senators Damschen and Dan Ruby Erbele, Heckaman, Lee, Robinson, and Taylor voted Others present: See attached appendix "aye." Representatives Carlson, Vigesaa, and Weisz It was moved by Senator Robinson, seconded and Senators Hogue, Holmberg, and Wardner voted by Representative Weisz, and carried on a voice "nay." vote that the minutes of the May 25, 2011, meeting Chairman Carlson said the Legislative Council staff of the committee be approved as distributed. should as part of the study provide information to the It was moved by Senator Holmberg, seconded committee regarding existing eminent domain laws in by Senator Taylor, and carried on a voice vote that North Dakota, as well as other state laws regarding Senator Wardner be elected vice chairman of the bonding authority and liability issues for abandoned Legislative Management. pipelines. OTHER BUSINESS INTERIM COMMITTEE REPORTS Chairman Carlson said the meeting was called for Legislative Redistricting Committee the presentation of interim committee reports relating Senator Holmberg, Chairman, Legislative to the special session beginning on November 7, Redistricting Committee, presented the interim report 2011. of the Legislative Redistricting Committee. He said Chairman Carlson said the Legislative the plan recommended by the committee provides for Management would consider testimony from Mr. Paul 47 legislative districts, the same number that has Matthews, Cogswell, regarding the Legislative been in place for the last 10 years. He said the Management study contained in 2011 House committee has before it a copy of the redistricting plan Concurrent Resolution No. 3007 relating to eminent (Template A). He said several meetings were held to domain laws as they relate to pipeline siting. develop a plan. He said while it is not a perfect plan, Chairman Carlson said the study was not prioritized it does address the traditional districting principles, by the Legislative Management for the 2011-12 including compactness, contiguity, preservation of interim. political subdivision boundaries, preservation of Mr. Matthews explained his situation with a communities of interest, preservations of prior pipeline that was placed close to his house and the districts, protection of incumbents, and compliance of difficulties he experienced in working with the pipeline Section 2 of the Voting Rights Act. company and the easement and compensation. He Senator Holmberg said the plan developed keeps said the concerns regarding the Keystone XL pipeline the Indian reservations intact within legislative route through the Nebraska Sandhills and Ogallala districts, and the 47 districts on average--14,310 Aquifer have brought to light the need for states to pay residents per district--provides for the fewest people special attention to a company's use of eminent per legislative district in the United States. He said domain in siting these pipelines. He suggested the the population deviation in 2001 was approximately committee reconsider its decision to not study the 10 percent, and committee members agreed that any provisions of House Concurrent Resolution No. 3007 plan recommended would have a range of 9 percent and undertake that study during the remainder of the or less. He said the plan recommended by the interim. House Concurrent Resolution No. 3007 calls committee has an overall population deviation of for the Legislative Management to study eminent 8.38 percent, with the largest district having domain laws as it relates to pipeline siting. Later in 4.1 percent over the ideal population and the smallest Legislative Management 2 November 3, 2011 district with 4.28 percent below the ideal district vote that the Legislative Management reject the population. second bill draft recommended by the Legislative Senator Holmberg said the bill draft recommended Redistricting Committee requiring each legislative provides: district to contain at least six precincts. • Senators and representatives from even- Representatives Carlson, Drovdal, Meyer, Onstad, numbered districts must be elected in 2012 for Vigesaa, and Weisz and Senators Erbele, Heckaman, four-year terms; Hogue, Holmberg, Lee, Robinson, Taylor, and • Senators and representatives from odd- Wardner voted "aye." Representative Kelsh voted numbered districts must be elected in 2014 for "nay." four-year terms; • The term of office of a member of the Health Care Reform Review Committee Legislative Assembly elected in an odd- At the request of Chairman Carlson, numbered district in 2010 for a term of four Ms. Jennifer S. N. Clark, Committee Counsel, pre- years and who, as a result of legislative sented the report of the interim Health Care Reform redistricting, is placed in an even-numbered Review Committee. Ms. Clark reviewed the studies district terminates December 1, 2012; and assigned to the Health Care Reform Review • A member of the Legislative Assembly who is Committee relating to monitoring the impact of the elected from an odd-numbered district in 2010 Patient Protection and Affordable Care Act and the for a term of four years and who, as a result of Affordable Care Act (ACA). She said the report legislative redistricting, is placed in an even- includes a summary of the Patient Protection and numbered district may continue to serve the Affordable Care Act; previous interim Industry, remainder of that term for which the member Business, and Labor Committee studies; and was elected if the member changes place of testimony received during the 2011 interim to date. residence to a location in the odd-numbered She said the committee focused on whether the state district from which the member was elected by should create a state-administered health benefit March 15, 2012. exchange or allow the exchange to be operated by the Senator Holmberg said the bill draft also provides federal government and the elements of that that a term of office held by a member of the exchange. Legislative Assembly in an odd-numbered district with Ms. Clark said the committee recommends three a new geographic area that has a 2010 population bill drafts: that is more than 25 percent of the ideal district 1. A bill draft that provides for a state- terminates on December 1, 2012. He said if a administered health benefit exchange. The vacancy is caused in an odd-numbered district as a bill draft establishes a North Dakota Health result of legislative redistricting, the vacancy must be Benefit Exchange Board; creates a division in filled at the 2012 general election for a two-year term. the Office of Management and Budget called Senator Holmberg said the plan includes the Health Benefit Exchange Division; requires 33 counties that were not split, 3 counties that were that by January 1, 2013, the exchange be split only to preserve the boundaries of the Fort determined by the United States Department Berthold Indian Reservation, and 3 counties that were of Health and Human Services to begin split only because the counties included cities that operations by October 1, 2013; requires the were too large for one district. exchange to tie into eligibility determination for Chairman Carlson distributed copies of a letter the state's Medicaid and children's health from Mr. Alvin A. Jaeger, Secretary of State, regarding insurance programs; includes health benefit the bill draft regarding the required number of exchange and technical advisory groups; precincts in each district. Senator Holmberg said the creates a navigation office within the committee recommended a second bill draft to require exchange division which would provide that each legislative district contain at least six navigation services to assist consumers in precincts, a bill draft that he personally does not making health coverage decisions; creates a support, as it should have full hearings during the separate risk pool for health plans in the 2013 legislative session. individual and small group markets; provides It was moved by Senator Wardner, seconded that the health benefit exchange must be self- by Senator Hogue, and carried on a roll call vote sustaining by January 1, 2015; and provides that the committee accept the report of the interim that state entities may not use state funds to Legislative Redistricting Committee, including the fund the planning activities associated with the bill draft for the 47-district plan. Representatives development and operation of the health Carlson, Drovdal, Kelsh, Meyer, Onstad, and Vigesaa benefit exchange. The bill draft also includes and Senators Erbele, Heckaman, Hogue, Holmberg, appropriations from federal funds to the Lee, Robinson, and Wardner voted "aye." Senator Information Technology Department