The Legislative Management committee met Tuesday to select studies that were proposed during the 2019 session. Legislation passed required 15 studies and suggested 50 other studies. The committee reviewed, discussed and voted on whether or not to study those 50 optional studies. In the end, they selected 31 optional studies and bringing the total of interim studies to 46.
In discussion, lawmakers identified the number one priority this interim as studying the impact of students who experience behavioral health crisis or engage in aggressive behavior at school putting students, teachers and others in unsafe situations.
The committees that will tackle the studies will be formed in June and meet several times throughout the next year and a half to provide recommendations for potential legislation in the next session. You can view the full list of studies, their descriptions and whether or not they were selected by following this link: Study Directives Approved
Below is a list of several of the studies of interest to counties:
SELECTED:
Study related to liquid nicotine and electronic smoking devices. This was a Local Public Health priority item. Vaping is a growing epidemic in ND and the country, especially with young people. This study will explore taxation options.
Study the regulation of onsite sewage (septic) disposal systems. This was a priority for Local Public Health to get studied. These systems pose potential environmental hazards to our state and its citizens if not properly installed and maintained. Statewide regulations and enforcement currently in place have several challenges; the code has not been revised since 1992.
Study the implications of the potential adoption of an initiated measure allowing use of recreational marijuana
Study best practices to reduce offender recidivism to include transitional housing and education opportunities
Study the juvenile justice process
Study of behavioral health crisis in schools
Study implementation of behavioral health recommendations to improve access and availability for behavioral health care
Study state's civil commitment laws and procedures
Study issues related to the Olmstead Commission (issues related to services for elderly, individuals with behavioral health issues, physical disabilities or intellectual disabilities)
Study options for replacing revenue generated by special assessments with revenue from an alternative source
Study accessibility of state Capitol grounds - ADA
Study the future administration and regulation of the unmanned aircraft systems industry in ND
Study needs and future challenges of delivery of health care in state
Study feasibility and desirability of creating a road train pilot program
Study blockchain technology
Study veterans' programs
Study of joint water resource board to address basinwide neeeds
NOT SELECTED:
Consider studying traffic fines and penalties imposed by state and local governments along with a complete analysis of NDCC Title 39
Consider studying developing standard procedures and classification of accounts that is uniform for all counties
Study of the homestead tax credit
Study railroad crossings in relation to safety measures
REQUIRED:
Study consolidated emergency and interoperable public safety communications system (SIRN) governance and funding options
Study access to public and private lands for hunting, trapping and fishing including trespass violations and penalties and provide recommendations regarding a land access database with the capability of electronic posting. This study establishes a new committee with citizen members
Comprehensive study of Department of Corrections and Rehabilitation facilities
Study potential uses of legacy fund earnings
Study of state agency fees
Study the implementation and requirements of Article XIV (Ethics)
Study K-12 education funding formula
Study tribal taxation issues
Regular updates related to state legislation affecting North Dakota counties.
Wednesday, May 29, 2019
Wednesday, May 1, 2019
News Release from Governor Burgum Recaps Legislative Session
Burgum:
Session delivers conservative budget, funds priorities and makes strategic
investments without raising taxes
BISMARCK, N.D. (April 26, 2019) – North Dakota is making strategic investments in its
future, funding priorities and delivering citizens a conservative balanced
budget without raising taxes, Gov. Doug Burgum said today after the 66th
Legislative Assembly adjourned its regular session sine die.
“Working with
the Legislature, we’ve delivered a budget that makes substantial investments in
education, infrastructure, behavioral health, economic diversification and
other priorities, all while ensuring state government lives within its means,”
Burgum said.
Coming off an unprecedented $1.7 billion decrease in
the general fund budget for the current 2017-19 biennium, the $4.8 billion
budget approved today for 2019-21 represents a 12 percent increase. Still, it’s
nearly $2 billion less than the record budget of over $6.8 billion in 2013-15,
and it provides nearly $174 million in local property tax relief through the
continuation of state funding to cover the cost of county social services.
The state’s overall budget will increase from $13.6
billion this biennium to $14.7 billion in 2019-21, due to significant increases
in funding for K-12 and higher education and human services.
“After weathering the storm last session, North
Dakota’s future looks brighter than ever, with a healthy balance sheet thanks
to a strong economy, collaboration between the executive and legislative
branches and the foresight to plan for rainy days,” Burgum said. "As
responsible stewards of taxpayer resources, we’re successfully balancing
revenues and expenses, encouraging innovation and investing strategically – all
without raising taxes."
“However, this session also saw too many missed
opportunities to make additional strategic investments in workforce and other
areas, to shore up reserves and the state pension fund, and to improve
transparency in budgeting, as evidenced by the last-minute transfer of nearly
$765 million in oil tax revenue into the general fund to balance the budget,”
Burgum added.
Following is a list of some of the
legislation supporting priority areas:
TAX RELIEF
- Senate Bill 2124 will
provide nearly $174 million in property tax relief by continuing the
state’s responsibility for funding county social services.
- House Bill 1053
exempts military retirement pay from state income tax. Benefits extend to
retired military personnel and surviving spouses of retired military
personnel of the U.S. Armed Forces, National Guard and Reserve, effective
with the 2019 tax year. This measure, which also was included in the
Governor’s executive budget recommendation, honors the courageous service of
our military servicemen and women, promotes workforce participation and
improves North Dakota’s competitiveness for federal military investments.
- HB 1174
provides an income tax deduction on Social Security benefits for those
with federal adjusted gross income of up to $50,000 for single filers and
up to $100,000 for married couples filing jointly.
K-12 AND HIGHER EDUCATION
- SB 2265
increases the per-pupil payment by 2 percent in each year – putting it
above $10,000 for the first time in state history – and will allow school
districts to keep more revenue from their state formula payment to help
limit the cost of school construction.
- SB 2215
will create the State K-12 Coordinating Council to organize and
disseminate information about innovative best practices that support
teachers and students.
- Overall,
state support for K-12 schools will increase by nearly $163 million,
supporting teacher pay increases and helping to limit property taxes.
- Funding
for the Higher Education Challenge Fund, which requires a 2-to-1 match and
provides grants to support North Dakota’s public colleges and
universities, primarily with scholarships, was increased to $9.4 million.
- The
higher education budget also provides up to $100 million in bonding
authority and nearly $50 million in direct appropriations for campus
infrastructure.
- Grants
for tribally controlled community colleges also were increased by $400,000
to $1 million.
MILITARY AND EMERGENCY SERVICES
- SB
2016, the Adjutant General’s budget, fully funds the National Guard
Tuition Assistance Program.
- The
bill provides $600,000 to purchase or secure long-term leases for land to
expand the National Guard training range at Camp Grafton South, with intent
language to fund the expansion next session if securing land is
successful. The expansion would create long-term savings by keeping
soldiers training in-state and generate revenue by bringing in
out-of-state service members for training.
- The
budget, which also covers the Department of Emergency Services, fully
funds critical emergency services in 2019-21.
WORKFORCE
- In an
effort to address the state’s workforce shortage, HB 1171 provides $3
million in skilled workforce scholarships and $3 million in student loan
repayments to incentivize college graduates with high-demand degrees to
stay in North Dakota. The scholarships were recommended by the state’s
Workforce Development Council (WDC), which was revitalized by Burgum and
produced a report with recommendations based on a statewide survey of
workforce needs.
- HB 1040
provides $2 million for an automation tax credit as an incentive for
businesses to adopt automated manufacturing processes that improve job
quality and increase productivity. This also was recommended by the WDC.
- SB 2306
provides occupation license reciprocity for eligible trailing spouses of
military personnel, which also was a WDC recommendation.
- HB 1073
allows Workforce Safety & Insurance (WSI) to establish pilot programs
to assess alternative forms of dispute resolution with the goal of
reducing the overall cost burden of litigation and establishing a more
efficient dispute resolution process.
- HB 1188 expands benefits for select injured workers
that reapply for benefits post-retirement.
- For
state employees, the budget provides performance-based compensation
increases of between $120 and $200 per month in the first year of the
biennium and an average increase of 2.5 percent the second year.
HEALTH, HUMAN SERVICES AND ENVIRONMENT
- As
proposed in the governor’s executive budget, Senate Bill 2124 will
reorganize the current system of 47 county social service units into no
more than 19 zones, while maintaining all current access points and
allowing the state to respond more efficiently to social service needs.
- SB
2012, the Department of Human Services Budget, includes health care
provider reimbursement increases of 2 percent in the first year of the
biennium and 2.5 percent in the second year, with other changes in
reimbursement structure to provide additional assistance to long-term care
providers.
- The DHS
budget also increases funding for home and community-based services by
$7.7 million – $1 million more than recommended in the executive budget –
while calling for a study of revised payment methodology for long-term
care providers.
- SB 2347
establishes a Medicaid Fraud Control Unit for the first time in North
Dakota, making it a division of the Attorney General’s Office.
- The
North Dakota Medical Marijuana Program had a number of significant changes
beneficial for qualifying patients under House Bills 1283, 1417, 1519 and
SB 2210.
- Physician
assistants were added to the list of health care providers who can
complete written certifications.
- The
requirement that a health care provider express an opinion regarding the
benefit to the patient was eliminated, alleviating a concern identified
by the medical community.
- Twelve
conditions were added to the list of debilitating medical conditions.
Patients 19 and over are authorized to purchase up to 2.5 ounces of dried
leaves or flowers in a 30-day period without special authorization from
their medical provider.
- In
lieu of a written certification, a veteran receiving treatment from a
federal VA entity may submit a copy of their medical records.
- A
manufacturing facility may grow more than 1,000 plants to sufficiently
meet the demand.
- HB 1477
prohibits the sale of flavored e-liquid to minors and increases the fine
for selling these products.
- SB 2196
establishes the panel members and roles of a drug fatality review panel.
The panel will examine deaths due to drugs to better understand root-cause
issues related to drug fatalities and other substance abuse disorders.
- SB 2094
ensures that physicians can use telemedicine for FDA-approved opioid
prescribing medication-assisted treatment (MAT), an important tool in a rural
state like North Dakota where MAT programs are being launched.
- The
Legislature approved the first budget for the newly created North Dakota
Department of Environmental Quality, HB 1024, including the resources
necessary for DEQ to pursue state primacy over federal air quality
standards.
INFRASTRUCTURE
- HB 1066, nicknamed “Operation Prairie Dog,” passed with broad
bipartisan support. The bill changes the distribution of oil and gas tax
revenues, creating new “buckets” to set aside revenue for counties, cities
and townships in non-oil producing areas to pay for essential
infrastructure projects related to water, roads and bridges, electricity
and natural gas transmission, airports and communications. Starting in the
2021-23 biennium, the bill will direct $115 million to cities, $115
million to counties and townships, and $20 million for an airport
infrastructure fund. The law also preserves allocations for oil-producing
areas and removes the sunset on the “hub city” designation that directs
additional oil tax revenue to Dickinson, Minot and Williston.
- SB 2020, the State Water Commission budget, provides $82.5
million for Mouse River flood control in the Minot area and $66.5 million
for Fargo-area flood control including the Fargo-Moorhead Area Diversion
Project, along with hundreds of millions of dollars for water supply and
other flood control projects.
GROWING AND DIVERSIFYING OUR ECONOMY
- In one
of the centerpiece proposals from the governor’s executive budget, HB 1018, the
Department of Commerce budget, provides $28 million to create a statewide
infrastructure network to support the operation of unmanned aircraft
systems (UAS) beyond visual line of sight, or without a chase plane. The
bill also provides $2 million to the Northern Plains UAS Test Site in
Grand Forks and $3 million for an enhanced-use lease grant with the Grand
Sky UAS business park located at Grand Forks Air Force Base.
- SB 2001 represents a significant boost to North Dakota’s
tourism industry by creating a $50 million endowment for the proposed
Theodore Roosevelt Presidential Library and Museum in Medora if $100
million in private donations is first raised for construction of the
facility on the doorstep to Theodore Roosevelt National Park. The $50
million endowment will be managed by the state Department of Trust Lands.
Earnings from the endowment will be used for operations and maintenance of
the library and museum, which has the support of the Roosevelt family.
- HB 1097 repeals the statewide ban on Sunday morning shopping.
On August 1, 2019, many retailers will have the ability to decide whether
or not to sell to customers on Sunday mornings.
CORRECTIONS REFORM
- HB
1015, the Department of Corrections and Rehabilitation budget, provides an
additional $7 million to expand Free Through Recovery, a community-based
behavioral health program designed to increase recovery support services
for individuals involved with the criminal justice system who
have behavioral health concerns. The additional money will allow for
expanding the program to youth under the care of DOCR and those who have
completed probation until they no longer require services. An additional
$4 million for the program in the Department of Human Services budget will
expand the program beyond corrections.
- The
budget bill also includes $755,000 for a pretrial services pilot program
in three judicial districts, designed to reduce the need for incarceration
during the pretrial phase through greater focus on risk assessment and
supervision.
- Legislative
Management also will conduct a comprehensive study of DOCR’s adult and
youth corrections systems, including an assessment of facilities and
preferred locations for incarcerated men and women, with findings and
recommendations to be reported to the 2021 Legislature.
PUBLIC SAFETY AND SECURITY
- The
first bill signed in the 2019 legislative session, HB 1183, removes mandatory minimum sentences for certain
drug-related offenses. Removing mandatory minimum sentences for certain
offenses gives the legal system more room to apply appropriate methods of
justice.
- The
cybersecurity strategy bill, SB 2110, makes North Dakota the first state to authorize a
central, shared service approach to cybersecurity across all aspects of
state government. The state network has 252,000 daily users and over 400
entities, and this milestone legislation will help defend against 5.6
million cyberattacks per month. More than $15 million was also invested to
enhance the state’s cybersecurity software and initiatives.
TRIBAL PARTNERSHIPS
- SB 2312 ratified a historic compact the governor signed with
Mandan, Hidatsa and Arikara Nation Chairman Mark Fox in February to change
how the state and tribes share tax revenue from new oil and gas activity
on trust and fee lands. The bill resulted from nearly two years of
dialogue and work by the interim Tribal Taxation Issues Committee, which
was created by the 2017 Legislature and chaired by Burgum.
- SB 2257
enables tax agreements to be signed by a tribe and the governor for a per
capita distribution of alcoholic beverages wholesale tax, tobacco
wholesale tax and alcoholic beverages gross receipts.
- SB 2258
authorizes the governor to enter state-tribal agreements for sales, use
and gross receipts taxes.
AGRICULTURE, ENERGY AND NATURAL RESOURCES
- HB 1439 provides an economic incentive to use carbon dioxide
captured from North Dakota’s coal-fired power plans for enhanced oil
recovery by injecting the carbon dioxide underground. This will support
innovative projects such as Project Tundra by transforming emissions into
a valuable commodity, extending the viability of North Dakota’s important
lignite coal industry and strengthening the state’s economy.
- SB 2037
provides a framework for disposal of high-level radioactive waste,
prohibits high-level radioactive waste unless superseded by the federal
government and provides for local input in the permitting process.
- HB
1014, the North Dakota Industrial Commission budget, includes a pilot
project for underground gas storage and a study of produced water
recycling.
- HB 1388
allows the formation of extended family partnerships and LLCs for farming
and ranching to include second cousins.
- HB 1202
provides a framework for public input when a waterbody is determined to be
navigable.
- HB 1020
includes $1.1 million for an agribiome initiative to enhance crop and
livestock production.
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