February 22nd, 2016 Did the State Industrial Commission Defy State Law? Last week we told you about the actions taken in the last several weeks to p

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February 22nd, 2016

Did the State Industrial Commission Defy State Law?

Last week we told you about the actions taken in the last several weeks to prop up the favorite socialist program of North Dakota Republicans.

On February 16th, the State Industrial Commission (comprised of the Governor, Attorney General, and Agriculture Commissioner) voted 2 to 1 to allow the Western Area Water Supply Authority to utilize a tiered rate plan for industrial water sales:

Industrial Commission 2-16-16 Motions

This action seems to defy legislation passed in 2015 that addressed specifically the issue of rate changes.

Senate Bill 2020 was the Water Commission budget appropriations bill. Section 27 of Senate Bill 2020 stated that quote:

SECTION 27. INDEPENDENT WATER PROVIDERS AND WESTERN AREA WATER SUPPLY AUTHORITY - REPORT TO THE WATER TOPICS OVERVIEW COMMITTEE. During the 2015-16 interim, the independent water providers and the western area water supply authority shall report to the legislative management's water topics overview committee on a regular basis and collaborate with the committee and the state water commission to monitor water usage, rates, engineering contract procedures, and market share. The water topics overview committee shall report to the legislative management with recommendations to ensure western area water supply authority's ability to maintain its payment schedule of the state's loan.

While there was no mention specifically of the Industrial Commission in the legislative language, there is mention of a collaboration that "shall" take place with reguard to "water usage, rates, engineering contract procedures, and market share."

In legislative and legal jargon, the difference between the words "may" and "shall" means everything.

The State Water Commission has not met since last October, and the Legislature's Interim Water Topics Overview Committee has not met since November..

The action taken by the State Industrial Commission seems to have been timed specifically to not allow either the State Water Commission or the Interim Water Topics Committee a chance to "collaborate" over the issue of rate changes.

It is worth noting that the State Industrial Commission did officially lobby against the original WAWS reform bills that were introduced early in the 2015 session. Those bills were defeated after being amended to have a very minimal impact.

Will the legislature question this defiance?

It is without question that the legislature created Section 27 of Senate Bill 2020 in order to give private industrial water businesses a seat at the table before state action could be taken against their interest.

Section 27 of SB 2020 was designed to create a process to allow for input for actions taken that would be viewed as an unfair state action in favor of state financed socialistic activities that compete with private enterprise.

Agriculture Commissioner Doug Goering should be commended for voting against this move.

Attorney General Wayne Stenehjem and Governor Jack Dalrymple should explain why they feel that this anti-business action should have been taken, despite the legislature's clear intention to create a process for all parties to have their say.

If legislative leadership does not address this issue, it will likely lead to a loss of trust in the legislative process by citizens seeking protections against the actions of their own government.

If North Dakota Republicans want to run for office on the basis of being "pro-business" they should explain how giving socialist programs an unfair advantage over the private sector fits into their "pro-business" claim.

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-Dustin Gawrylow, Managing Director

North Dakota Watchdog Network

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