23.8096.01000
     Sixty-eighth
     Legislative Assembly                      SENATE BILL NO. 2116
     of North Dakota
     Introduced by
       Workforce Development Committee
       (At the request of Workforce Safety and Insurance)
1    A BILL for an Act to amend and reenact subsection 1 of section 54-06-04 and sections
2    65-03-01, 65-04-30, and 65-05.1-08 of the North Dakota Century Code, relating to reports
3    submitted to the governor and secretary of state, enforcement of safety regulations, submission
4    of financial statements to the office of management and budget, and the organization's
5    educational revolving loan fund; and to repeal sections 65-01-13, 65-02-09, 65-02-28, 65-03-02,
6    and 65-04-17.1 of the North Dakota Century Code, relating to an information fund and
7    continuing appropriation to pay publication and statistical processing expenses, general
8    information to the public and biennial report to the governor and secretary of state, organization
9    claim file destruction, penalty for violation of safety rule or regulation, and the retrospective
10   rating program.
11   BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12       SECTION 1. AMENDMENT. Subsection 1 of section 54-06-04 of the North Dakota Century
13   Code is amended and reenacted as follows:
14       1.    The following executive and administrative officers and departments shall submit to
15             the governor and the secretary of state reports covering their operations for the two
16             preceding fiscal years, except as otherwise provided by law, not later than the first day
17             of December each year after the regular session of the legislative assembly:
18             a.    Secretary of state.
19             b.    State auditor.
20             c.    Insurance commissioner.
21             d.    Attorney general.
22             e.    Agriculture commissioner.
23             f.    Superintendent of public instruction.
24             g.    State tax commissioner.
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1             h.    Public service commission.
2              i.   Department of corrections and rehabilitation.
3              j.   Department of transportation.
4              k.   Department of health and human services.
5              l.   Workforce safety and insurance.
6            m.l.   Office of management and budget.
7           n.m.    State treasurer.
8           o.n.    Labor commissioner.
9           p.o.    Department of financial institutions.
10          q.p.    Game and fish department.
11           r.q.   Industrial commission.
12           s.r.   Job service North Dakota.
13           t.s.   Board of university and school lands.
14           u.t.   Department of environmental quality.
15       SECTION 2. AMENDMENT. Section 65-03-01 of the North Dakota Century Code is
16   amended and reenacted as follows:
17       65-03-01. Jurisdiction of organization - Safety regulations - Enforcement.
18       The organization shall have full power and jurisdiction over, and the supervision of, every
19   employment and place of employment subject to the provisions of this title, and whenever.
20   Whenever necessary adequately to enforce and administer this title, shallthe organization may
21   issue and enforce all necessary and proper rules and safety regulations. The organization may
22   designate some suitable personan individual to make inspections toand determine if safety
23   rules and regulations are being followed or complied with.
24       SECTION 3. AMENDMENT. Section 65-04-30 of the North Dakota Century Code is
25   amended and reenacted as follows:
26       65-04-30. State treasurer is custodian of fund - Deposit - Disbursement on vouchers.
27       The state treasurer is the custodian of the fund and all payments of awards of the
28   organization for disbursements other than travel and administrative expenses must be paid by
29   the state treasurer upon warrant-checks authorized and prepared by the organization. Warrants
30   drawn upon the fund and paid by the state treasurer must be returned to the organization and
31   must be kept in the files of the organization. The organization shall submit to the office of
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1    management and budget once each month a monthly financial statement showing the receipts,
2    disbursements, investments, and status of the fund. The treasurer may deposit any portion of
3    the fund not needed for immediate use in the manner and subject to the requirements
4    prescribed by law for the deposit by the treasurer of state funds. Any interest earned by any
5    portion of the fund which is deposited by the state treasurer under this section must be collected
6    by the state treasurer and placed to the credit of the fund.
7        SECTION 4. AMENDMENT. Section 65-05.1-08 of the North Dakota Century Code is
8    amended and reenacted as follows:
9        65-05.1-08. Workforce safety and insurance educational revolving loan fund -
10   Vocationalvocational rehabilitation grants - Continuing appropriation.
11       1.   The organization may establish a revolving loan fund to provide a low-interest loan to
12            an injured employee or to a surviving spouse or child of an injured employee whose
13            death resulted from a compensable injury under section 65-05-16; or to the spouse or
14            child of an injured employee deemed to be catastrophically injured as defined in
15            subdivision c of subsection 2 of section 65-05.1-06.1; or to the spouse or child of an
16            injured employee deemed to be eligible for permanent total disability benefits as
17            defined in section 65-01-02.
18       2.   The loan must be used to pursue an education at an accredited institution of higher
19            education or an institution of technical education. In order to be eligible for a loan
20            under this section, an individual must have obtained a high school diploma or its
21            equivalent and either must be ineligible for retraining under this chapter or must have
22            exhausted training and education benefits. A child of an injured employee must meet
23            the definition of child at the time of the initial loan application in order to be eligible for
24            a loan. The Bank of North Dakota and the organization shall establish loan eligibility
25            requirements and make application determinations based on the established criteria.
26            The loan application must require an applicant to demonstrate a viable education plan
27            that will enable the individual to achieve gainful employment.
28       3.   The total amount loaned annually under this section may not exceed two million five
29            hundred thousand dollars. The maximum amount payable on behalf of a loan
30            applicant may not exceed fifty thousand dollars and must be payable within five years.
31            A loan must be repaid within a period not to exceed twenty years. A loan must be
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1             repaid at an interest rate established by the organization which may not exceed the
2             rate of one percent below the Bank of North Dakota's prime interest rate. The
3             organization shall pay the Bank of North Dakota a negotiated fee for administering and
4             servicing loans under this section. At the organization's discretion, moneys to establish
5             and maintain the revolving loan fund must be appropriated from the organization's
6             workforce safety and insurance fund. The revolving loan fund is a special fund and
7             must be invested pursuant to section 21-10-06. Investment income and collections of
8             interest and principal on loans made from the revolving loan fund are appropriated on
9             a continuing basis to maintain the fund and provide loans in accordance with this
10            section. As determined necessary, the organization may transfer uncommitted moneys
11            of the revolving loan fund to the workforce safety and insurance fund.
12       4.   The organization may implement a grant program to promote and provide necessary
13            educational opportunities for injured employees within the vocational rehabilitation
14            process. The organization may award a grant to promote necessary skills upgrading
15            and to provide for the completion of remedial educational requirements which allow for
16            optimal transition into the labor force. The total annual amount the organization may
17            grant under this subsectionsection may not exceed one hundred thousand dollars. The
18            organization shall establish grant eligibility requirements and make grant
19            determinations based on the established criteria. Moneys are appropriated on a
20            continuing basis from uncommitted moneys in the educational revolving loan fund for
21            the purpose of funding the grants under this subsectionsection and for payment of
22            educational revolving loan fund obligations after July 31, 2023.
23      SECTION 5. REPEAL. Sections 65-01-13, 65-02-09, 65-02-28, 65-03-02, and 65-04-17.1
24   of the North Dakota Century Code are repealed.
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Statutes affected: INTRODUCED: 54-06-04, 65-03-01, 65-04-30, 65-05.1-08
Adopted by the Senate Workforce Development Committee: 65-02-09
FIRST ENGROSSMENT: 54-06-04, 65-02-09, 65-03-01, 65-04-30, 65-05.1-08
Enrollment: 54-06-04, 65-02-09, 65-03-01, 65-04-30, 65-05.1-08