North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2046 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.8013.01001
	2	+	Title.02000
	3	+	Adopted by the Industry and Business
	4	+	Committee
	5	+	Sixty-ninth
	6	+	January 15, 2025
	7	+	Legislative Assembly
	8	+	of North Dakota
	9	+	Introduced by
	10	+	Industry and Business Committee
	11	+	(At the request of Workforce Safety and Insurance)
	12	+	A BILL for an Act to create and enact a new section to chapter 65-04 of the North Dakota
	13	+	Century Code, relating to eligibility for a one-time premium credit for North Dakota national
	14	+	guard, armed forces, and veterans, and a surviving spouse of a veteran; to amend and reenact
	15	+	section 65-04-32 of the North Dakota Century Code, relating to decisions issued by electronic
	16	+	means; and to provide for application.
	17	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	18	+	SECTION 1. A new section to chapter 65-04 of the North Dakota Century Code is created
	19	+	and enacted as follows:
	20	+	Premium credit.
	21	+	1.An active member of the North Dakota national guard or the armed forces as defined
	22	+	under section 37 - 01 - 01 or , a veteran as defined under section 37 - 01 - 40 , or a surviving
	23	+	spouse of a veteran , is eligible for a one-time premium credit of up to two hundred fifty
	24	+	dollars. The premium credit is available to a new account with the organization having
	25	+	active member or , veteran , or surviving spouse ownership of fifty percent or more.
	26	+	2.The organization may implement rules for the administration of this section.
	27	+	SECTION 2. AMENDMENT. Section 65-04-32 of the North Dakota Century Code is
	28	+	amended and reenacted as follows:
	29	+	65-04-32. Decisions by organization - Disputed decisions.
	30	+	Notwithstanding any provisions to the contrary in chapter 28-32, the following procedures
	31	+	apply when the organization issues a decision under this chapter or section 65-04-04.4:
	32	+	Page No. 1 25.8013.01001
3	33		SENATE BILL NO. 2046
4		-	(Industry and Business Committee)
5		-	(At the request of Workforce Safety and Insurance)
6		-	AN ACT to create and enact a new section to chapter 65-04 of the North Dakota Century Code, relating
7		-	to eligibility for a one-time premium credit for North Dakota national guard, armed forces,
8		-	veterans, and a surviving spouse of a veteran; to amend and reenact section 65-04-32 of the
9		-	North Dakota Century Code, relating to decisions issued by electronic means; and to provide for
10		-	application.
11		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12		-	SECTION 1. A new section to chapter 65-04 of the North Dakota Century Code is created and
13		-	enacted as follows:
14		-	Premium credit.
15		-	1.An active member of the North Dakota national guard or the armed forces as defined under
16		-	section 37 - 01 - 01, a veteran as defined under section 37 - 01 - 40, or a surviving spouse of a
17		-	veteran, is eligible for a one-time premium credit of up to two hundred fifty dollars. The
18		-	premium credit is available to a new account with the organization having active member,
19		-	veteran, or surviving spouse ownership of fifty percent or more.
20		-	2.The organization may implement rules for the administration of this section.
21		-	SECTION 2. AMENDMENT. Section 65-04-32 of the North Dakota Century Code is amended and
22		-	reenacted as follows:
23		-	65-04-32. Decisions by organization - Disputed decisions.
24		-	Notwithstanding any provisions to the contrary in chapter 28-32, the following procedures apply
25		-	when the organization issues a decision under this chapter or section 65-04-04.4:
26		-	1.The organization may issue a notice of decision based on an informal internal review of the
27		-	record and shall serveissue the notice of the decision on the parties by regular mail or
28		-	electronic means. The organization shall include with the decision a notice of the employer's
29		-	right to reconsideration.
30		-	2.An employer has forty-five days from the day the notice of decision was mailedissued by the
31		-	organization by regular mail or electronic means to file a written request for reconsideration.
32		-	The request for reconsideration is considered filed only upon receipt by the organization. The
33		-	employer is not required to file the request through an attorney. The request must state the
34		-	reason for disagreement with the organization's decision and the desired outcome. The
35		-	request may be accompanied by additional evidence not previously submitted to the
36		-	organization. The organization shall reconsider the matter by informal internal review of the
37		-	information of record. Absent a timely and sufficient request for reconsideration, the notice of
38		-	decision is final and may not be reheard or appealed.
39		-	3.After receiving a petition for reconsideration, unless settlement negotiations are ongoing, the
40		-	organization shall serve onissue to the parties by regular mail or electronic means, an
41		-	administrative order including its findings of fact, conclusions of law, and order, in response to
42		-	the petition for reconsideration. The organization may serve an administrative order on any
43		-	decision made by informal internal review without first issuing a notice of decision and
44		-	receiving a request for reconsideration. If the organization does not issue an order within sixty S. B. NO. 2046 - PAGE 2
45		-	days of receiving a request for reconsideration, a party may request, and the organization
46		-	shall promptly issue, an appealable determination.
47		-	4.A party has forty-five days from the date of serviceissuance of an administrative order to file a
48		-	written request for rehearing. The request must state specifically each alleged error of fact and
49		-	law to be reheard and the relief sought. Absent a timely and sufficient request for rehearing,
50		-	the administrative order is final and may not be reheard or appealed.
51		-	5.Rehearings must be conducted as hearings under chapter 28-32 to the extent that chapter
52		-	does not conflict with this section.
53		-	6.An employer may appeal a posthearing administrative order to district court in accordance
54		-	with chapter 65-10. Chapter 65-10 does not preclude the organization from appealing to
55		-	district court a final order issued by a hearing officer under this title.
56		-	SECTION 3. APPLICATION. Section 1 applies to new account applications received on or after
57		-	July 1, 2025. S. B. NO. 2046 - PAGE 3
58		-	____________________________ ____________________________
59		-	President of the Senate Speaker of the House
60		-	____________________________ ____________________________
61		-	Secretary of the Senate Chief Clerk of the House
62		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
63		-	Dakota and is known on the records of that body as Senate Bill No. 2046.
64		-	Senate Vote:Yeas 47 Nays 0 Absent 0
65		-	House Vote: Yeas 88 Nays 0 Absent 5
66		-	____________________________
67		-	Secretary of the Senate
68		-	Received by the Governor at ________M. on _____________________________________, 2025.
69		-	Approved at ________M. on __________________________________________________, 2025.
70		-	____________________________
71		-	Governor
72		-	Filed in this office this ___________day of _______________________________________, 2025,
73		-	at ________ o’clock ________M.
74		-	____________________________
75		-	Secretary of State
	34	+	PROPOSED AMENDMENTS TO
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	54	+	20 Sixty-ninth
	55	+	Legislative Assembly
	56	+	1.The organization may issue a notice of decision based on an informal internal review
	57	+	of the record and shall serveissue the notice of the decision on the parties by regular
	58	+	mail or electronic means. The organization shall include with the decision a notice of
	59	+	the employer's right to reconsideration.
	60	+	2.An employer has forty-five days from the day the notice of decision was mailedissued
	61	+	by the organization by regular mail or electronic means to file a written request for
	62	+	reconsideration. The request for reconsideration is considered filed only upon receipt
	63	+	by the organization. The employer is not required to file the request through an
	64	+	attorney. The request must state the reason for disagreement with the organization's
	65	+	decision and the desired outcome. The request may be accompanied by additional
	66	+	evidence not previously submitted to the organization. The organization shall
	67	+	reconsider the matter by informal internal review of the information of record. Absent a
	68	+	timely and sufficient request for reconsideration, the notice of decision is final and may
	69	+	not be reheard or appealed.
	70	+	3.After receiving a petition for reconsideration, unless settlement negotiations are
	71	+	ongoing, the organization shall serve onissue to the parties by regular mail or
	72	+	electronic means, an administrative order including its findings of fact, conclusions of
	73	+	law, and order, in response to the petition for reconsideration. The organization may
	74	+	serve an administrative order on any decision made by informal internal review without
	75	+	first issuing a notice of decision and receiving a request for reconsideration. If the
	76	+	organization does not issue an order within sixty days of receiving a request for
	77	+	reconsideration, a party may request, and the organization shall promptly issue, an
	78	+	appealable determination.
	79	+	4.A party has forty-five days from the date of serviceissuance of an administrative order
	80	+	to file a written request for rehearing. The request must state specifically each alleged
	81	+	error of fact and law to be reheard and the relief sought. Absent a timely and sufficient
	82	+	request for rehearing, the administrative order is final and may not be reheard or
	83	+	appealed.
	84	+	5.Rehearings must be conducted as hearings under chapter 28-32 to the extent that
	85	+	chapter does not conflict with this section.
	86	+	Page No. 2 25.8013.01001
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	116	+	30 Sixty-ninth
	117	+	Legislative Assembly
	118	+	6.An employer may appeal a posthearing administrative order to district court in
	119	+	accordance with chapter 65-10. Chapter 65-10 does not preclude the organization
	120	+	from appealing to district court a final order issued by a hearing officer under this title.
	121	+	SECTION 3. APPLICATION. Section 1 applies to new account applications received on or
	122	+	after July 1, 2025.
	123	+	Page No. 3 25.8013.01001
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