Representative Keifert: Special Session Bills Summary

I. ARPA funding-the focus was on one-time, shovel ready projects across the state that provide much needed infrastructure, programs to help develop a robust workforce, grants for economic development, and assistance for healthcare. a. Infrastructure: i. $317 million for road and bridge projects previously approved last session, plus $135 million in funding authority beyond the regular federal funding in the North Dakota Department of Transportation’s 2021-23 biennium;

ii. $150 million to the North Dakota Industrial Commission for matching grants to support natural gas pipeline infrastructure, including a major east-west natural gas pipeline from the Bakken. The total also includes $10 million that must be used to transport natural gas to areas in Grand Forks County, where it will support a recently announced wet corn mill. A trans-state natural gas pipeline will help lift the ceiling on oil production in North Dakota by better utilizing the state’s abundant natural gas supplies, while also generating additional state tax revenue that supports the Legacy Fund and other state funds for schools, water projects and outdoor recreation;

iii. $75 million for critical water infrastructure

iv. $45 million for broadband infrastructure grants to ensure all North Dakotans have high-speed data access that supports education, telehealth, government services and businesses.

v. $17.9 million for deferred maintenance and capital improvements at state parks, plus $5 million in matching funds to renovate and upgrade existing facilities in local park districts.

vi. $10 million for deferred maintenance at state facilities.

b. Workforce Development

i. $88 million in matching funds for private-sector investment in career centers where high school students can pursue high-demand careers in the trades, tech and other sectors;

ii. $38 million for Bismarck State College to create a Polytechnic Center to help fill the specific needs of industry using hands-on applied learning;

iii. $15 million for adding or expanding local workforce development incentive grants;

iv. $5 million for technical skills training grants and a workforce innovation grant program.

c. Economic Development

i. $20 million for hydrogen development grants as approved by the Clean Sustainable Energy Authority;

ii. $21 million for an ethanol production grants;

iii. $10 million to the Department of Commerce for autonomous agriculture matching grants;

iv. $5 million for the North Dakota Development Fund. d. Healthcare i. $25 million in financial assistance to long-term care facilities and the State Hospital;

ii. $17 million for child care services, $5 million for Medicaid system upgrades, $4 million for communitybased health care and $3 million for substance abuse disorder treatment vouchers;

iii. $15 million for the North Dakota Department of Health to build a new Public Health Lab, with the department required to provide a plan for the building to the 2023 Legislature;

iv. $3 million for the Free Through Recovery program.

II. Redistricting a. HB 1504--New Legislative Districts

i. The redistricting plan takes into account new census numbers and confirms that each of the 47 redrawn districts will hold approximately 16,500 residents, compared with about 14,500 residents in the past decade;

1. It also provides for Districts 4 and 9 to be divided into subdistricts for the tribes:

a. Subdistricts are based on the census numbers, the Voting Rights Act and precedent-setting legal cases from the US Supreme Court.

b. The Equal Protection Clause of the 14th Amendment and the Voting Rights Act Section 2, prohibit vote dilution which happens when minority voters are dispersed or “split” among districts so that they are ineffective as a voting bloc.

c. This is what is right both legally and in support of our tribal friends who are also North Dakotans

b. HB 1513--Temporary District Chairs

i. Provides that after redistricting of the legislative assembly becomes effective, the state party chair may appoint a temporary district party organization chair in any newly established district or a district that lacks a district committee so that they are able to carry out the responsibilities of of the district party until a permanent district chair can be selected.

ii. The temporary district party organization chair shall organize the district political party as closely as possible in conformance to assure compliance with primary election filing deadlines.

iii. After redistricting, each of the following districts must proceed to organize or reorganize as to assure compliance with primary election filing deadlines:

1. A district that does not share any geographical area with the pre - redistricting district having the same number

a. i.e. If there is a chair in place for a district number, but it’s a completely new geographic district, State party chair has ability to appoint a temporary chair.

OR

2. A district with new geographic area that was not in that district for the 2020 election and which new geographic area has a 2020 population that is more than 25% of the district's population as determined in the 2020 federal decennial census.

a. i.e. If new geographic area includes someone who was the chair of part of the previous geographic area, the state chair may still appoint a temporary chair.

b. This section lowers the amount of districtsthat need to organize to about 14 districts, instead of all 47, given that those other districts have not had significant changes and recently elected their committees.

c. Essentially, if a district is left largely in-tact, there is no need to re-organize.

3. This bill was to done to limit that number of districts needing to reorganize and provide an option for getting “up and running” for significantly new districts that would not have a district party apparatus or ability to organize a district committee,

4. Allows new districts to organize or re-organizein an official way recognized by the state partyinstead of competing, random groups

III. Income Tax Relief— giving some of the wealth the state is currently experiencing directly into the pockets of North Dakotans

a. HB 1515 Income tax credit

i. Provides an income tax credit of up to $350 per year for resident individual income taxpayers, or $700 per year for individuals filing a married joint return, effective for tax years 2021 and 2022;

ii. The approved bill will eliminate state income tax liability for approximately 210,000 returns, which represents 300,000 taxpayers when accounting for the two adults who file a married joint return. An additional 140,000 returns will receive a partial reduction, which represents 200,000 taxpayers when accounting for married joint returns;

iii. The tax relief will be funded from the state’s $412 million excess general fund balance from the 2019-21 biennium.

b. SB 2351 Social Security income tax exemption

i. Exempts Social Security income from state income tax, becoming the 38th state to do so. The bill will provide an estimated $14.6 million in savings per biennium to approximately 20,000 North Dakotans.

IV. HB 1508 Critical Race Theory

a. Prohibits the teaching of critical race theory in the state and allows the Dept of Public Instruction to develop rules accordingly.

b. This bill was a proactive approach to protect our students from opinionbased, unfounded theories that only serve to further divide individuals among racial lines.

V. Restructuring of Legacy Investment and Advisory Board

a. Changes the board to three members of the senate appointed by the senate majority leader, three members of the house of representatives appointed by the house majority leader, the director of the office of management and budget or designee, the president of the Bank of North Dakota or designee, and the tax commissioner or designee, the insurance commissioner or designee, and the state treasurer or designee.

b. The board shall also select a member from the senate or house of representatives to serve as chairman for no more than one consecutive year and must meet at the call of the chairman

c. It also states that the Legacy and Budget Stabilization Fund Advisory Board may develop guidelines for other eligible investments

d. This is to help give direction to and expedite the Legacy Fund in-state investment process outlined last session in HB 1425

VI. COVID bills a. HB 1511 Vaccine Mandate Bill (Weisz):

i. The bill was brought by Republican leaders after months of talking to citizens and working with health experts to respond the egregious overreach of the Biden Administration’s attempt to impose vaccine mandates. It shows our party’s strong desire to protect our citizens from being forced to get vaccinated.

ii. The bill is straightforward in its prohibitions:

b. Subsection 1 (access, entry and services):

i. No government entity or political subdivision may require proof of vaccination or antibodies or inquire about an individual’s recovery status for access to property, funds, or services;

ii. The government is further prohibited from publishing or sharing an individual’s COVID-19 vaccination record;

iii. The government may not require a private business to obtain documentation for the purposes of certifying or communicating an individual’s COVID-19 vaccination status, presence of antibodies, or recovery status;

iv. There are exceptions for the dept of corrections and correctional facilities, the state hospital, and a public health unit as this information can be necessary to ensure safety and placement of employees and residents.

v. The bill further prohibits businesses in the state, or doing business in the state, from requesting proof of vaccination, antibodies, or recovery status from patrons or customers to gain access to, entry, or services from that business.

vi. There is an exception for health care providers and healthcare facilities to ensure adequate workforce, protection of at-risk patients, and so they can follow appropriate protocol:

1. To be clear, they cannot deny services based on vaccination status, it’s simply so these facilities know where to put individuals, how to treat them and take appropriate measures when serving them or allowing them access;

2. There is also an exception to subsection 1 for public higher ed institutions if they have adopted policies and procedures around the type of documentation, when it can be shared, and have exemptions from providing such documentation.

c. Subsection 2 (exemptions for employees):

i. One of the most important parts of the bill is that it creates various exemptions for employees subject to vaccine mandates:

1. Employees, prospective employees, or independent contractors must be allowed to show proof of antibodies as an exemption to the vaccination requirement;

a. This proof is valid for six months

2. Employees must be allowed to submit to periodic testing as an exemption (testing is paid for through CARES Act dollars at DOH state testing sites);

3. Employees must be allowed to refuse vaccination if a North Dakota licensed physician certifies that immunization would endanger the life or health of the employee;

4. Employees may refuse vaccination by signing a certificate stating the employee's, religious, philosophical, or moral beliefs are opposed to such immunization;

ii. (This section does not apply to the extent an employer or an independent contractor is required to comply with current, active federal law, rules, or guidance relating to requirements for vaccinations for COVID-19. This exception simply gives employers certainty).

iii. Businesses with over 100 employees are currently subject to the state statute and must provide these exemptions to employees unless the federal OSHA mandate is upheld. The same is true of federal contractors or businesses falling under the CMS mandate until the other the mandates are either in effect or stayed/invalidated;

iv. These employee exemptions still apply to higher ed institutions unless they fall under an active federal mandate;

v. This bill does not apply to federal employees as we have no control or jurisdictions whatsoever over federal employees;

vi. The bill also prohibits the department of health from creating, administering, providing, or contracting for electronic machinereadable code or any kind of vaccine passport;

vii. The state is not able to nullify federal law, but even if attempted to, the state would lose hundreds of millions to billions of dollars in funding and federal contracts, including our hospitals and any healthcare provider accepting Medicare and Medicaid or any business with federal contracts;

viii. Overall the bill provides broad protection and options for businesses, employees, and citizens working and living in the state;

ix. We further support all lawsuits currently challenging the federal vaccine mandates and will continue to be vocal about the appalling, invasive actions of the Biden Administration.

d. HB 1510 Vaccination bill (Paulson)

i. This bill dealt with all vaccines and public health emergencies that have been kept at bay, such as measles, mumps, rubella, hepatitis, small pox, and diphtheria;

ii. Public health would not have been able to respond to emergencies that they have kept communities safe from for years;

iii. The bill provided no exemptions for those subject to the federal mandates and the state could have lost hundreds of millions of dollars if this bill had passed and hospitals and healthcare providers could have lost 60-70% of their revenue if the federal mandates are upheld;

iv. In addition, federal contractors could have lost billions of dollars in contracts, and our air force bases could have lost all their employees;

v. The bill also added discriminatory language creating a “class” of individuals that was very problematic for businesses and employers;

vi. We are still an at will/ right to work state—HB1511 provides that balance of giving businesses the right to make decisions, but providing enough exemptions and options for employees who do not wish to get the vaccine.

e. HB 1514 Ivermectin (Tveit):

i. We support COVID therapies, but we cannot get into the practice of forcing mandates on physicians and pharmacists, just like we don’t want to force vaccine mandates;

ii. The bill was in conflict with North Dakota’s conscientious objections laws (stemming from Roe v Wade that allow physicians to deny abortions and pharmacists to refuse to fill contraceptives or morning after pills, etc.) and would supersede their professional rights to such protections;

iii. The bill also took away a pharmacist’s ability to use professional judgment for how the drug could negatively impact a patient, causing liability concerns and essentially negating the important role pharmacists have in determining drug interactions and side effects;

iv. Many pharmacists in the state are already filling ivermectin prescriptions even though it has been deemed not “clinically appropriate” and has not been supported by the American Pharmacists Association and other national medical and pharmacy organizations:

v. Despite this, current version of the bill prohibits the Board from taking disciplinary action against physicians and pharmacists who do continue to prescribe and fill ivermectin prescriptions, if it’s solely for that reason;

vi. The revised bill confirms our state’s “right to try” law to write off-label prescriptions and re-affirms to the Boards that they can continue to do so.