Legislative Update - Special Session Summary and Interim Committees

Special Session Review

Highlights from the 5-day Special Session November 8-12 includes:

Redistricting – 47 Legislative Districts (16,500 residents)

New Map here: https://www.legis.nd.gov/files/district-maps/2023-2032/finalmaphb1504.pdf

• 3 new districts – Williams (23) McKenzie, Dunn (26) & Fargo (10)
• Subdistricts – 2 Representatives, one from each subdistrict. 1 Senator from combined district.
• 4A & 4B (Fort Berthold Reservation)
• 9A & 9B (Turtle Mountain Reservation)
• Five even numbered districts have 25% or more new voters = election in 2022                 (Districts 8,20,28,36& 44)
• All odd numbered districts up in 2022

Infrastructure Funding (state ARPA funds)

 $100 million to counties for road and bridge construction

• $80 million distributed directly to counties in January based on Upper Great Plains Transportation Institute (UGPTI) needs study formula.
• Cap of $3 million (Six counties capped: Burleigh, Cass, Grand Forks, McKenzie, Ward & Williams)
• Cap results in $4.65 million being combined with additional $20 million for county bridge projects to be distributed by NDDOT through application process.
•  $200 million to NDDOT, as well as $135 million in federal fund authorization.
• $17 million to Townships (half will go out by road miles, half shared equally in non-oil counties.

Other ARPA funding priorities that matter to counties
Started with $9 Billion in requests for $1.1 Billion in ARPA fund

• $150 million natural gas pipeline from western to eastern ND
• $75 million for water projects
• $3 million remodel of Law Enforcement Training Academy
• $4.6 million SIRN radios for Highway Patrol & DOCR

COVID-19 Vaccination

• No Government entity can require proof of vaccination or antibodies or inquire about an individual’s recovery status for access to property, funds or services.
• The government may not require a private business to obtain documentation certifying individual vaccination status, antibodies or recovery status.
• Businesses are prohibited from requesting covid-19 status prior to patrons entering.
• Department of corrections, correctional facilities, the state hospital, healthcare providers and local public health units may ask vaccination status to provide appropriate measures are taken for staff and clients.
• There are multiple exemptions available for employees who are required to be vaccinated.

NDACo 2021-22 Interim Legislative Activities

The following summarizes the key studies that may ultimately affect counties.

Acute Psychiatric Treatment (new committee)

• Study the acute psychiatric hospitalization, residential treatment and support needs of individuals with mental health illness.
• Study to include: reviewing options for long-term plan or psychiatric hospitalization; options to replace State Hospital with other facilities; the future use of facilities at the State Hospital campus; recommendation for new State Hospital.
• Study the behavioral health needs of incarcerated adults.
• Input will be sought from law enforcement & local officials.
• Study the implementation of expanded behavioral health services.
• Capacity & utilization of State Hospital
• Behavioral health bed management system

Agriculture & Natural Resources Committee
Report of interest:

• ND Department of Transportation to report on the Road Train Pilot Program
• Before 8/1/22 DOT shall report findings and recommendations of its study on pilot projects on the feasibility and impact of long combination vehicle operations & legislative recommendations for implementation
• UPDATE: DOT issued request for application in long combination vehicle pilot study from the transportation industry. No applications were submitted, therefore, DOT will not conduct study. 

Budget Section

• Authorization of use of federal funds
• Reports of interest:
• DOCR report on prison population management plan and inmate admissions; including number not admitted after sentencing
• DOT report on fund transferred from general fund to highway fund

Retirement Committee (new committee)

Develop a plan for new hires under the Public Employees Retirement System (PERS) to participate in the defined contribution plan and to close the define3d benefit plan to new employees effective 1/1/2024.

• Use of third-party contractor to assist in study
• Committee approved RFP draft for consultant
• Input from political subdivisions on impact
• Received information in October from several states that have transitioned from defined benefit to a defined contribution retirement plan
• Legislative Council Summary

Employee Benefits Programs Committee
Review legislative measures & proposals affecting public employees retirement programs (PERS) and health and retiree health plans.

Government Finance Committee

• Study of state agency fees.
• Study the recruitment, retention, turnover and training of law enforcement and correctional officers employed by state and political subdivisions.
• County officials including Sheriffs & Jail Administrators will be involved.
• Review state budget information
• BND to report on status of infrastructure revolving loan fund, the legacy infrastructure loan fund and the water infrastructure revolving loan fund.

Health Care Committee

• Study solutions to barriers to access and utilize telehealth services in the state.
• Study the feasibility & desirability of implementing a community health worker program.
• Study prescription drug pricing and importation.
• Sheriffs weighed in on importation concerns during legislative session.

Human Services Committee

• Study issues related to the Department of Human Services (DHS) and human service zones employee compensation.
• Reports of interest:
• Report from DHS on process to allow a human service zone to opt in to state employment.
• Report from DHS on process to calculate payment for indirect costs.
• Report on status of merger of state Department of Health into DHS.

Information Technology Committee

• Study costs incurred by the Information Technology Department (ITD) to deliver core technology services & cybersecurity services to state agencies & political subdivisions.
• Reports on:
• Coordination of services with political subdivisions
• Statewide Longitudinal Data System Committee recommendations related to data sharing governance
• Emergency Services Communications Coordinating Committee (ESC3) regarding use of the assessed communications services fee revenue along with recommendations for operating standards for emergency services communications (dispatchers).

Judiciary Committee

• Study the juvenile justice process and collaborate with the Commission on Juvenile Justice.
• Study the necessity of licensing shelter care programs for youth and ability for youth to access temporary shelter.
• Study factors contributing to nation’s firearm and ammunition shortage and impact.
• Reports of interest:
• Annual report from Attorney General summarizing civilly forfeited property.
• Medical marijuana program
• Indigent defense contract system and public defenders
• Expected costs to provide legal counsel and services to juveniles

Legacy & Budget Stabilization Fund Advisory Board
Develop recommendations for the investment of funds in the legacy fund and the budget stabilization fund to present to the State Investment Board.

Legacy Fund Earnings Committee
Study potential uses of legacy fund earnings

Legislative Audit & Fiscal Review Committee
Determine when the State Auditor is to perform audits of political subdivisions
Order the State Auditor to audit or review the accounts of any political subdivision

Natural Resources Committee

• Continue study of access to public & private lands for hunting, trapping, fishing & related issues.
• Study must include evaluating electronic land access database and application & expansion of database and application to all counties.
• Jason Horning, NDACo - Next Generation 9-1-1 Program Manager, serves on this committee as a citizen member.

Redistricting Committee
Committee developed a legislative redistricting plan to be implemented for use in 2022 primary election. 

Taxation Committee
Report from Tax Commissioner of property tax increases in state.

Water Drainage Committee
Study and propose legislative changes to eliminate redundancy and conflicts in state code and to provide for uniform assessment procedures for all water projects; study and recommend procedures to appeal water resource board decisions; improve water resource board accountability.

Committee includes participation from:

Jeff Frith, Ramsey County Commissioner

Sharon Lipsh, Former Walsh County Highway Supt.

Water Topics Overview Committee
Report of interest: Onsite Wastewater Recycling Technical Committee to submit report on the status of the statewide technical guide and the committee’s recommendations.