2023-25 Biennium Legislative Priorities
Current as of May 16, 2023.
Legislative Session Recap
House Bill 1003 – Higher Education Appropriations
Of note, institutions of higher education in North Dakota will receive 15% more in total appropriations than in the previous biennium.
- Salary pool increases of 6% and 4% in Year One and Two of the new biennium, respectively
- Employees with an evaluation on file who have met all expectations for their position are eligible for the salary increase.
- Exact increases may differ from employee to employee.
- “The state generously funded the entire portion of the appropriated increase, so that we could minimize tuition increases,” said Karla Mongeon-Stewart, vice president for finance & operations.
- Positions funded by resources such as grants and contracts will have to use those revenues to cover salary increases.
- Health insurance cost increase by 15%
- “Health insurance increases are exactly the same as salary increases, so they follow the funding,” said Mongeon-Stewart.
- Tuition freeze
- General tuition rate for undergraduates is frozen at last year’s rate.
- “The Legislature has given the institutions the flexibility for programs that have differential tuition to increase by 1% each year of the biennium,” said Mongeon-Stewart.
- $20 million for Higher Education Challenge Grants, with $5 million of that total going
to UND
- Challenge Grants match donated money with state money to provide for scholarships and endowed faculty positions.
- $9 million to support space-related and national security research and education, otherwise known as UND’s Science, Engineering & National Security Corridor
- $2.5 million for high-performance computing, which was part of a joint request with North Dakota State University and will support a research network infrastructure
- 5% increase for additional research and economic diversification activities
- Funding included to support Merrifield Hall renovations, as well as the development of a new STEM Complex
Section 19 of House Bill 1003
A section was added to the appropriations bill after a separate bill, intended to affect the tenure renewal process at two peer North Dakota institutions, failed in the Legislature.
- Armacost noted that Section 19 says, “The president of an institution, under the control of the State Board of Higher Education, may adopt policies, procedures and directives for the institution with input, but no authoritative control, from faculty and others through shared governance.”
“I don’t see any change to our UND Constitution or any of our processes of shared governance, as a consequence of that section,” Armacost remarked. “I know the provost, the leadership team and I all feel a strong connection to the ideals represented by shared governance.”
House Bill 1040 – Public Employees’ Retirement System
“House Bill 1040, which addresses the public employees’ pension plan, is phasing out the defined benefit plan and putting into place the defined contribution plan – so going from a pension plan to a 401K-like plan for new employees,” said Armacost.
“More information will follow on how that transition will happen, but those who are currently under the pension will have the option of sustaining their pension as currently defined in your benefits.”
- Those under current NDPERS plan will be “grandfathered in” upon the cutoff date of Jan. 1, 2024, according to Varberg.
- “What we don’t know is if people will be allowed to move plans,” Varberg said.
- When asked if employer contribution rates will increase by 1% effective Jan. 1, 2024, Mongeon-Stewart said yes. What is unclear is whether additional funding was put into the budget to cover that 1% increase, or if it is up to departments to meet that, she said.
- The specifics of the existing NDPERS pension plan’s closure, as they affect UND specifically, have yet to be fully understood, said Varberg. Upcoming meetings with NDPERS in the coming month will help answer more questions.
- “It’s not that UND doesn’t know what we’re doing yet, but I don’t think the state and NDPERS were fully prepared for this bill passing. So, we’re waiting on them to get us the information you need,” said Mongeon-Stewart.
Senate Bill 2161 – Re-designation of the State Energy Research Center
UND’s Energy & Environmental Research Center has been sustained as North Dakota’s State Energy Research Center, and its funding has been increased from $5 million to $7.5 million, per biennium.
“The sunset clause, which would have caused that entity to go away after a certain amount of time, has been removed,” said Armacost.
Senate Bill 2247 – Specified Concepts at Institutions of Higher Education
Armacost remarked that the topics listed in the bill are those that the University cannot compel people to follow or subscribe to, to be employed or pursue education at UND.
- Academic freedom and freedom of speech will be protected.
- UND’s Office of General Counsel is working with the State Attorneys General to work on guidelines and assist UND with compliance.
- When asked about impacts of the bill on UND’s ongoing DEI initiatives, Tamba-Kuii Bailey, special assistant to the president for diversity & inclusion, said some DEI training will be affected, but training related to non-discrimination requirements in compliance with state and federal law will not be affected.
- “We will continue to make sure we’re being thoughtful and continue to do the work as it relates to diversity, equity and inclusion that we need to do here, at UND,” Bailey said.
- When asked how the bill might impact staff members, and if there are any foreseeable changes of which staff should be aware, Armacost remarked that the bill is going through a review by the North Dakota University System legal office, and that a number of employees’ rights elements are included.
“We will spend some time over the next few months looking at various trainings that we have on campus, both those that are required and those that are optional, to make sure we’re complying with the law in the way we talk about these issues,” said Donna Smith, assistant vice president for equal opportunity and Title IX.
“I need to reinforce the notion that the University of North Dakota and our policies must be rooted in principles of dignity and respect, making sure that everybody has fair access to education, and that there isn’t discrimination because of one’s background,” Armacost said.
House Bill 1473 – Gender and Restrooms
- The legislation is specific to residence halls on campus, according to Troy Noeldner, director of housing and residence life.
- Noeldner reported that the bill specifically affects residence hall floors where there is a designation of male or female gender. Apartment-style housing on campus will not be impacted, Noeldner said.
- UND’s legal counsel is looking closely at the legislation, but Armacost said UND is “absolutely” in compliance with what’s been specified.
President Armacost Testimony
Opposition to Engrossed House Bill 1256
Please accept these comments relating to Engrossed House Bill 1256. I urge the committee to vote against this bill for the following reasons:
- Our biggest concern is the chilling effect on victim reporting. Many will not report and seek help out of fear that they will be prosecuted.
- The bill is unnecessary because Title IX regulations and all NDUS institution policies already contain provisions that prohibit false reports and set out a method of dealing with that.
- Current language speaks of a person “making an allegation,” which is vague. An allegation could be discussing an incident with a coworker or friend; making a “report” but asking only for support for themselves, not for formal institutional action; or a “formal complaint,” which is the only way to ask a university/college to take action under Title IX. This broad language furthers the risk of victims deciding not to come forward for help.
- Current language also speaks of cases that “have no basis in fact or law.” Universities do not make determinations on this basis. We are required by Title IX to make a determination, based upon a preponderance of the evidence, whether a policy was violated. A decision maker could determine there was no policy violation, but that does not mean the complaint had no basis in law or fact. It only means the gathered evidence was not sufficient to support a policy violation.
- The bill misstates the law in several respects. The title states “sexual harassment
or discrimination,” but later says the penalty will apply in cases of discrimination
based on sex, gender, sexual orientation, race, religion, and disability but purports
that these protected classes all fall under Title IX. This is incorrect.
- Title IX covers sex only (courts are currently divided about whether that included sexual orientation and gender identity as the Dept of Ed says it does.)
- Title VII also prohibits discrimination based on sex, sexual orientation, and gender identity but isn’t mentioned at all. Discrimination/harassment based on disability, race and religion fall under a combination of ADA, Section 504 of the Rehabilitation Act, Title VI and Title VII.
- There are several protected classes (age, color, national origin, veteran status,
etc.) that aren’t even included.
The details above were assembled by UND’s Assistant Vice President for Equal Opportunity and Title IX, Donna Smith. We ask you to consider these facts as you deliberate on this bill, and we urge a “Do Not Pass” from your committee.
Opposition to Engrossed Bill 1446
For the record, my name is Andy Armacost and I serve as the President of the University of North Dakota.
I appreciate the continuing work of the House Majority Leader to accept the thoughts of others and to modify the language in this bill. Yet, even with those changes, I urge a “Do Not Pass” vote for Engrossed House Bill 1446 for four reasons.
First, the bill is unnecessary. Presidents have sufficient powers already in place to remove faculty members for cause, including those with tenure.
Second, the bill undermines the bedrock principle of academic freedom. The granting of tenure enables academic freedom by protecting a faculty member’s research, their writing, and their speech. A well-designed tenure system rooted in the best principles of higher education governance is foundational to our system of higher education. Tenure is awarded with the advice of the faculty and should be taken away with the advice of the faculty.
Third, the bill fails to recognize the important role tenured faculty members offer in their research, their service, and their leadership. Teaching and advising loads are impacted by these other essential duties. The bill’s use of “teaching and advising load” to gauge workload is an insufficient measure, and it fails to recognize important differences across academic fields and in teaching undergraduate versus graduate students.
Finally, the bill will negatively impact our ability to attract faculty and staff members to North Dakota to serve our students. The reputational harm that will come to the NDUS system should this bill become law will make it more difficult for the eleven institutions in the system to meet their missions and deliver world-class educational experiences for their students.
For these reasons, I encourage you to vote against this bill. Thank you.
-Andrew P. Armacost
President, University of North Dakota
Summary of NDUS and UND Funding at Crossover (in millions)
Needs-Based Budget
Program | 2023-25 NDUS Request | HB 1003 Recomm. | UND Share | SSMHS Share |
---|---|---|---|---|
Base 2021-23 Budget | $686.3 | $686.3 | $150.9 | $68.1 |
Cost to continue 2021-23 salary increase | $3.0 | $3.0 | $0.72 | $0.39 |
Funding formula decrease | $(9.3) | $(9.3) | $(1.6) | $1.86 |
Bond payments | ($2.2) | ($2.2) | $0.005 | $- |
Minimum Amount Payable | $5.5 | $2.2 | $- | $- |
Total 2023-25 needs-based budget | $683.3 | $680.0 | $150.0 | $70.35 |
Investment Opportunities
Program | 2023-25 NDUS Request | HB 1003 Recomm. | UND Share | SSMHS Share |
---|---|---|---|---|
Behavioral Health (one-time) | $3.6 | $3.6 | $0.66 | $- |
Increase Funding for CTE Courses | $- | $4.8 | $- | $- |
Veterans Program - base | $0.18 | $0.18 | $- | $- |
Dakota Digital Academy (one-time) | $0.45 | $0.45 | $- | $- |
Systemwide Marketing Program | $0.90 | $- | $- | $- |
Forest Service Enhancements | $0.38 | $0.38 | $- | $- |
Passthrough Grants-System Investment (one-time) | $- | $- | $- | |
Research Network (Northern Tier Network) | $- | $6.40 | $3.2 | $- |
Space Initiative (one-time) | $- | $45.00 | $45.0 | |
Single-Parent Childcare Support (one-time) | $- | $4.50 | $0.25 | $- |
Workforce Education Innovation Fund (one-time) | $24.00 | $10.0 | unknown | unknown |
Investment Education Innovation Fund (one-time) | $- | $4.80M | $- | $- |
Total | $29.51 | $100.21 | $49.11 | $- |
Student Grants
Program | 2023-25 NDUS Request | HB 1003 Recomm. | UND Share | SSMHS Share |
---|---|---|---|---|
Education Scholarships for Energy Workforce | $10.00 | $- | $- | $- |
ND AC/CTE Scholarship funding shortage - base | $1.00 | $1.0 | $- | $- |
Student Financial Assistance grants | $- | $12.0 | $- | $- |
Tribally controlled community college grants | $- | $1.0 | $- | $- |
Native American Scholarship | $- | $0.45 | $- | $- |
Total | $11.0 | $14.45 | $- | $- |
System office Requests
Program | 2023-25 NDUS Request | HB 1003 Recomm. | UND Share | SSMHS Share |
---|---|---|---|---|
CTS-Based Budget Requests | $6.80 | $4.5 | $- | $- |
Financial Aid Systems Support (one-time) | $1.83 | $1.95 | $- | $- |
Assistant Vice Chancellor - Research and Workforce | $0.43 | $- | $- | $- |
Capitol Rent | $- | $0.14 | $- | $- |
Total | $9.06 | $6.59 | $- | $- |
Inflation Response
Program | 2023-25 NDUS Request | HB 1003 Recomm. | UND Share | SSMHS Share |
---|---|---|---|---|
4%/4% Salary increase (State and Student Share) | $- | $58.38 | $19.0 | $2.3M |
Health Insurance Increase (State and Tuition Share) | $- | $22.87 | $5.85 | $0.86 |
Increase Formula Funding to Address unprecedented Inflation | $- | $- | $11.2 | $- |
Increase HWI Funding to Address salary and benefit Increases | $- | $- | $- | $11.3 |
Total | $- | $81.25 | $36.05 | $14.46 |
Continue/Expand Support Programs
Program | 2023-25 NDUS Request | HB 1003 Recomm. | UND Share | SSMHS Share |
---|---|---|---|---|
Challenge Grant Expansion (one-time) | $- | $36.0 | $5.0 | $4.0 |
Permanent Research Funding Stream - HB 1379 | $- | unknown | unknown | unknown |
State Energy Research Center (EERC) - SB 2161 | $10.0 | $10.0 | $- | |
Total | $- | $56.0 | $15.0 | $4.0 |
Total | $732.89 | $938.57 | $250.16 | $88.81 |
University of North Dakota Proposed Legislative Asks
Program and Research Support
The House Appropriations Education and Environment Division has added $45M to the UND budget for the national security initiative. This initiative provides funding for: high-speed laser research for optical communications; satellite and space debris tracking; molecular beam epitaxy; digital engineering and a virtual reality laboratory; a cyber range; cybersecurity research infrastructure; a 3D rocket laboratory; a controlled environment field-testing facility; an autonomous system environment; and a development and test facility.
- Legislation creating an economic diversification research fund passed unanimously in the Senate during the last session but failed in the House. In the end, $30M was committed to research, workforce development and LIFT. HB 1379 includes $10M for research.
- Proposed research investment will be directed strategically to build research strength, train students for high-level skills, reach all campuses in NDUS, and demonstrate and report measured outcomes and ROI.
- Invest strategically, prioritize areas of state significance, expand national reputation
and competitiveness, and broaden relevance to existing and new industries.
- Energy and environmental sustainability.
- Health care and rural health and biotechnology.
- Agriculture and ag technology.
- UAS and autonomous systems.
- Advanced manufacturing and materials.
- Cross-cutting national security challenges.
- Issue block grants to build capacity in human and physical research infrastructure (excluding new buildings) and for basic and applied research projects, programs and initiatives.
- $3.2M for UND portion of joint submission with NDSU.
- Internet2 Connectivity: Covers operating costs for high-speed connections and express routing between research universities in the United States, national laboratories and other research organizations.
- Computational Research Center: Supports the state-of-the-art computing resources necessary for the award and successful participation in funded activities of big data research in a variety of areas including medicine, autonomous systems, national security and energy.
- Cybersecurity Maturity Model Certification (CMMC): Funds additional staffing, equipment and licensing necessary for UND to remain eligible for DoD grants and contracts by reaching compliance with new DoD security standards for Controlled Unclassified Information (institutions must be formally certified by 2025).
- Removal of sunset clause; Increase funidng to $10M
- Nearly 50 State Energy Research Center (SERC) projects have been initiated over the last two biennia, already resulting in 12 new invention disclosures and seven new patent applications.
- As a result of these SERC projects, over $12M of proposals, resulting in over $6M worth of additional funding to date, have been secured to advance these ideas further.
- The Energy Hawks Program, funded through SERC, has supported 56 university students of all disciplines from UND and four other NDUS institutions to become knowledgeable North Dakota energy advocates and stewards.
Capital Project
Science, Engineering & National Security Corridor/STEM
- Two phases, one each of the next two biennia:
- Engineering, Technology & National Security Corridor: $82M ($57.4M State / $24.6M Local)
- Science and Math: $75M ($52M State/$23M Local)
- Initial funds to finish design work for bidding and site preparation (demolition of Hyslop) for a new building.
- Final design and project scope will result in demolition, remodeling and new construction involving 9 buildings. Results in a net reduction of around 200K GSF and eliminates around $175M in capital renewal needs.
- New construction geared toward modern lab spaces that cannot be designed in existing buildings with limited ceiling heights and existing structural limitations.
- Provide new, enhanced space for STEM undergraduate and graduate students in all colleges.
- The combined growth in enrollment and research activity has created a significant
need in the College of Engineering & Mines (CEM) for not only more space, but also
space better suited for the type of research CEM conducts.
- Grown from roughly 1,300 students in 2010 to over 2,100 students today.
- Offers more than 35 degrees across 17 different fields of engineering, computing and geology. Includes the addition of computer science to the CEM, along with the creation of new programs in cybersecurity, data science, biomedical engineering and systems engineering.
- Growth in programs has coincided with increased employer demand across North Dakota in same areas.
- CEM research has grown by more than 40% in the past several years, with over $9M in externally funded research expected this year in areas such as energy, rare earth elements, UAS and national security.
Additional Consideration for Inflationary Impacts
- Support increase to funding formula to offset operational impact of inflation.
- Use remaining federal ARPA funding for inflationary adjustments to projects approved in the 2021 Special Session.
For Consideration in Future Biennia
- $8.9M remodeling budget ($7.12M in State appropriations + $1.78M in local funds).
- 20,174 GSF building completed in 1919.
- Provides adequate instructional space, office space, storage space and drill space for ROTC.
- UND’s first Battalion courses were taught in 1890. Growing demand in ROTC due to having a local Air Force Base and growing relationship with U.S. Space Force. ROTC programming is important for recruitment of campus students, especially with John D. Odegard School of Aerospace Sciences students.
- $9M ($7.2M in state appropriations + $1.8M in local funds).
- Funds to begin necessary testing, design work and costestimating to scope a project to consolidate allied health space needs campuswide, leveraging the newer School of Medicine & Health Sciences (SMHS) building/site.
- Currently allied health programs and services are spread across 10+ buildings and utilize around 528K GSF.
- UND cannot take advantage of economies of scale and scope because the fractionated physical plant and geography related to allied health spaces. Consolidation of spaces would result in operational efficiencies, dual use of space, shared space, improved space utilization, a reduction in UND’s GSF and deferred maintenance.
- SMHS laboratory space will be directly impacted by the closure of Columbia Hall, which operates a well-funded research center studying epigenetics in the basement. In addition, the Neuroscience Research Center and Biomedical Research Center have shared MEP systems with Columbia Hall. Coupled with an enormous increase in SMHS research awards, the most pressing space need for SMHS is wet and dry laboratory space. SMHS sponsored funding was up 25% in FY21 compared with FY20, and to date is up 50% in FY22.
- SMHS’s continued growth and new programming help alleviate North Dakota’s healthcare workforce shortage and have resulted in substantial enrollment growth in areas, such as public health and Indigenous health.
- $6M
- Undergraduate nursing enrollment/growth is restricted due to limited local and regional
agency capacity for students’ clinical experiences, as well as availability of masters
or doctoral
prepared, qualified nurse educators. - A portion of required direct patient care experiences in clinical agencies can be replaced by simulated clinical experiences.
- To provide comparable clinical learning experiences through simulation, qualified simulation staff, additional advanced simulation equipment, and extended, complex, and multifaceted scenarios are needed.
- A Simulated Rural Emergency Hospital (SREH) expands the nursing students’ experiences to offer individual and shiftbased scenarios that prepare students for patient situations that will be integral to their clinical practice.
- An SREH provides opportunities for interprofessional learning with other allied health programs (i.e. psychology, medicine,and social work) where students learn to work as a team in a safe, supported educational environment.
- Interprofessional education will lead to workforce development in critical areas, as well as prepare health care students to improve patient outcomes.
- A SREH also expands workforce training opportunities for already licensed providers in critical need areas, such as behavioral health and rural communities.
Legislative Bill Tracking & Testimony
Your place for updates on the legislative process, UND's budget planning and the legislative outcome.