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HB 1076

AN ACT to amend and reenact section 37-01-48 of the North Dakota Century Code, relating to the payment of a death benefit to the beneficiary or next of kin of a member of the national guard who died while serving on state active duty; and to declare an emergency.

69th Legislative Assembly (2025-26)

Raises ND National Guard death benefit for members dying on state active duty from $15,000 to $100,000, paid to designated beneficiary or next of kin, effective immediately.

Filed with Secretary Of State 03/18
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Bill Summary · HB 1076

Summary — North Dakota HB 1076 (2025)

Title: AN ACT to amend and reenact section 37‑01‑48 of the North Dakota Century Code, relating to the payment of a death benefit to the beneficiary or next of kin of a member of the national guard who died while serving on state active duty; and to declare an emergency.

Main purpose / intent

To increase the maximum state-paid death benefit available to the beneficiary or next of kin of a North Dakota National Guard member who dies while serving on state active duty and to authorize implementation rules. The bill includes an emergency clause so it takes effect immediately upon approval.

Key provisions

  • Amends NDCC § 37‑01‑48 (Payment of death benefits).
  • Allows the National Guard to pay a death benefit to a designated beneficiary or next of kin of a service member who dies while serving in a state active duty status.
  • Raises the statutory cap on that death benefit from $15,000 to $100,000 (payment remains subject to available funds).
  • Grants the Adjutant General rulemaking authority to implement the section.
  • Declares the act an emergency measure (effective immediately upon gubernatorial approval/enactment as provided by law).

Who is affected

  • Primary beneficiaries: designated beneficiaries or next of kin of North Dakota National Guard members who die while on state active duty.
  • Administrative: Adjutant General and National Guard administrative staff (responsible for making payments and adopting implementation rules).
  • Fiscal: the State general fund or other state resources from which such payments are made (payments remain subject to available funds). No specific appropriation is included in the text.

Fiscal and policy considerations

  • The bill increases the maximum potential liability per death (up to $100,000), which could raise state expenditures in rare, high‑cost cases; actual fiscal impact depends on the number of qualifying deaths and available appropriations.
  • Because payments are "subject to available funds," the state can limit actual outlays in any year without a separate appropriation, but the higher cap could create additional pressure on budgeting decisions or prompt future appropriations.
  • Authorizing rulemaking provides administrative flexibility for implementation (eligibility documentation, payment procedures, etc.).

Procedural / timeline highlights

  • Introduced by the Government and Veterans Affairs Committee at the request of the Adjutant General.
  • Passed the House (recorded vote: 92 yeas, 0 nays) and the Senate (47 yeas, 0 nays).
  • The bill includes an emergency clause, making it effective immediately upon enactment (per the legislative text).
  • Amends and reenacts § 37‑01‑48 and explicitly authorizes the Adjutant General to adopt implementing rules.

If you want, I can draft a short analysis of potential fiscal exposure (e.g., scenario estimates based on hypothetical fatality counts) or suggested rule topics the Adjutant General might address (documentation, payment timing, priority among claimants).

Compiled from official sources — confirm details with the bill’s official record.

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