SB 2109 — AN ACT to amend and reenact sections 65-01-02, 65-01-16, and 65-02-27, subsection 1 of section 65-05-17, and subsection 4 of section 65-05-20.1 of the North Dakota Century Code, relating to the definition of disability, the definition of electronic means, forms and decisions issued by electronic means, requests for rehearing of an administrative order, maximum death benefits, and the scholarship fund; and to provide for application.

g.S.

B.

NO.

2109 - PAGE 7 g.

Page34.35. No.

10 25.8012.02000 Sixty-ninth Legislative Assembly 34.35.

(1)S. An injured employee's remuneration from all employment reportable to the internal revenue service as earned income for federal income tax purposes.

B.

NO.

2109 - PAGE 8 (1) An injured employee's remuneration from all employment reportable to the internal revenue service as earned income for federal income tax purposes.

Pageb. No.

11 25.8012.02000 Sixty-ninth Legislative Assembly b.

For seasonal employment, during the first consecutive days of disability up to twenty-eight days the average weekly wage is calculated pursuant to the first applicable formula in subdivisions b through g, and after that are calculated as Pageone-fiftieth No.of the total wages from all occupations during the twelve months preceding the date of first disability or during the tax year preceding the date of first disability, or an average of the three tax years preceding the date of first disability, whichever is highest and for which accurate, reliable, and complete records are readily available.

12 25.8012.02000 Sixty-ninth Legislative Assembly one-fiftieth of the total wages from all occupations during the twelve months preceding the date of first disability or during the tax year preceding the date of first disability, or an average of the three tax years preceding the date of first disability, whichever is highest and for which accurate, reliable, and complete records are readily available.

d.S.

B.

NO.

2109 - PAGE 9 d.

or is between eighteen and twenty-two years of age and enrolled as a full-time student in any accredited educational institution and dependent upon the injured employee for Pagesupport; No.

13 25.8012.02000 Sixty-ninth Legislative Assembly support;

(6) A mental or psychological condition that is physiologically caused by a physical injury, but only when the physical injury is determined with reasonable medical certaintyS. to be at least fifty percent of the cause of the condition as compared with all other contributing causes combined, and only when the condition did not pre-exist the work injury.

OtherB. contributing Page No.

14NO. 25.8012.02000 Sixty-ninth Legislative Assembly causes include emotional circumstances that generally accompany work-related injuries, including the loss of function, loss of self-esteem, loss of financial independence, divorce, loss of career or employment position, disruption of lifestyle or family units, anxiousness, uncertainty, or compromised ability to participate in a lifestyle, hobby, or pastime.

2109 - PAGE 10 certainty to be at least fifty percent of the cause of the condition as compared with all other contributing causes combined, and only when the condition did not pre-exist the work injury.

Other contributing causes include emotional circumstances that generally accompany work-related injuries, including the loss of function, loss of self-esteem, loss of financial independence, divorce, loss of career or employment position, disruption of lifestyle or family units, anxiousness, uncertainty, or compromised ability to participate in a lifestyle, hobby, or pastime.

Pain is a symptom and may be considered in determining whether there is a substantial acceleration or substantial worsening of a pre-existing Pageinjury, No.disease, or other condition, but pain alone is not a substantial acceleration or a substantial worsening.

15 25.8012.02000 Sixty-ninth Legislative Assembly injury, disease, or other condition, but pain alone is not a substantial acceleration or a substantial worsening.

15.S.

B.

NO.

2109 - PAGE 11 15.

(3) Human service zone general assistance workers, except those who are engaged in repaying to human service zones or the department of health and human services moneys the human service zones or the department of Pagehealth No.and human services have been compelled by statute to expend for general assistance.

16 25.8012.02000 Sixty-ninth Legislative Assembly health and human services have been compelled by statute to expend for general assistance.

PageS. No.

17B. 25.8012.02000 Sixty-ninth Legislative Assembly (6) An individual delivering newspapers or shopping news, if substantially all of the individual's remuneration is directly related to sales or other efforts rather than to the number of hours worked and a written agreement exists between the individual and the publisher of the newspaper or shopping news which states the individual is an independent contractor.

NO.

2109 - PAGE 12 (6) An individual delivering newspapers or shopping news, if substantially all of the individual's remuneration is directly related to sales or other efforts rather than to the number of hours worked and a written agreement exists between the individual and the publisher of the newspaper or shopping news which states the individual is an independent contractor.

Page19.20. No.

18 25.8012.02000 Sixty-ninth Legislative Assembly 19.20.

d.S.

B.

NO.

2109 - PAGE 13 d.

Page26.27. No.

19 25.8012.02000 Sixty-ninth Legislative Assembly 26.27.

29.30.S.

B.

NO.

2109 - PAGE 14 29.30.

Page30.31. No.

20 25.8012.02000 Sixty-ninth Legislative Assembly 30.31.

Page37.38. No.

21 25.8012.02000 Sixty-ninth Legislative Assembly 37.38.

b.S.

B.

NO.

2109 - PAGE 15 b.

Page4. No.

22 25.8012.02000 Sixty-ninth Legislative Assembly 4.

PageS. No.

23B. 25.8012.02000 Sixty-ninth Legislative Assembly 9.

NO.

2109 - PAGE 16 9.

PageSECTION No.4.

24 25.8012.02000 Sixty-ninth Legislative Assembly SECTION 4.

On July first of each odd-numbered year, the organization shall increase the cap on total death benefits, including supplementary benefits, by ten thousand dollars.

SECTIONS. 6.

B.

NO.

2109 - PAGE 17 SECTION 6.

Section 1,1 of this Act, except for the amendment to paragraph 6 of subdivision a of subsection 11 of section 65-01-02, applies to claims for indemnity benefits filed on or after August 1, 2025.

The increase in the death benefit cap from $300,000 to $400,000 and the biennial increase of $10,000 in section 54 of this Act applies to employee deaths resulting from injuries that occur on or after the effective date of this Act.

EachS. biennial increase in the death benefit cap applies only to those deaths occurring from July first of that odd-numbered year through June thirtieth of the next odd-numbered year.

PageB. No.

25NO. 25.8012.02000

2109 - PAGE 18 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.

2109.

Senate Vote:

Yeas 45 Nays 2 Absent 0 House Vote:

Yeas 70 Nays 20 Absent 4 ____________________________ Secretary of the Senate Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.

on __________________________________________________, 2025.

____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State