The North Dakota Merit-Based Credentialing Act (ND-ACSA)

North Dakota state companion to ACSA. Extends N.D. Cent. Code Ch. 43-51 universal licensure recognition, North Dakota University System, and N.D. Cent. Code Title 57 Ch. 38 income-tax credits.

THE NORTH DAKOTA MERIT-BASED CREDENTIALING ACT (ND-ACSA)

Vehicle: State passage. North Dakota Legislative Assembly, regular session. Primary referral to House / Senate Industry, Business and Labor / Finance and Taxation.

SECTION 1. SHORT TITLE

This Act may be cited as the “North Dakota Merit-Based Credentialing Act (ND-ACSA).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislative Assembly finds that North Dakota enacted universal occupational-licensure recognition under N.D. Cent. Code Ch. 43-51 (Sec. 43-51-01 et seq.); that the State Board of Higher Education operates the North Dakota University System under N.D. Cent. Code Ch. 15-10; that Job Service North Dakota operates under N.D. Cent. Code Title 52; that the North Dakota Workforce Development Council operates under N.D. Cent. Code Sec. 52-08-02.1; and that N.D. Cent. Code Title 57 Ch. 38 provides income-tax credits. This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH NORTH DAKOTA LAW

Sec. 101. Definitions

1. (a) “North Dakota Recognized Merit Credential” or “NDRMC” means a competency-based credential designated by the Chancellor of the North Dakota University System in coordination with the Superintendent of Public Instruction under Sec. 201.
2. (b) “Federal FRAC” means a Federally Recognized Alternative Credential under Section 202 of the federal ACSA.
3. (c) “Covered State licensing authority” means an agency issuing an occupational license under N.D. Cent. Code Title 43.

Sec. 102. Coordination with Existing North Dakota Law

1. (a) Consistent with:

• N.D. Cent. Code Ch. 43-51 (universal recognition).
• N.D. Cent. Code Title 43 (occupational licensing).
• N.D. Cent. Code Ch. 15-10 (University System).
• N.D. Cent. Code Sec. 52-08-02.1 (Workforce Development Council).
• N.D. Cent. Code Title 57 Ch. 38 (income tax).

TITLE II — NORTH DAKOTA RECOGNIZED MERIT CREDENTIALS

Sec. 201. Designation Authority

1. (a) The Chancellor of the North Dakota University System, in coordination with the Superintendent of Public Instruction, shall maintain a North Dakota Recognized Merit Credentials registry (“NDRMC Registry”) in machine-readable form, updated at least annually, crosswalked to Federal FRAC.

Sec. 202. Degree-Optional State Employment

1. (a) N.D. Cent. Code Title 54 Ch. 44.3 (Human Resource Management) shall be applied so that an NDRMC-holder satisfies any position qualification stated in terms of a college degree, unless expressly required by North Dakota statute.

TITLE III — TAX INCENTIVE FOR SKILLS-BASED HIRING

Sec. 301. North Dakota Skills-Based Hiring Income-Tax Credit

1. (a) A new credit is added to N.D. Cent. Code Title 57 Ch. 38 equal to a percentage of qualified first-year wages paid to a North Dakota-resident employee whose qualifying pathway is an NDRMC or Federal FRAC.
2. (b) Coordinated with federal IRC Sec. 45AA; aggregate cap.
3. (c) North Dakota Office of State Tax Commissioner administers.

TITLE IV — OCCUPATIONAL LICENSURE PORTABILITY

Sec. 401. Licensure by Demonstrated Competency

1. (a) Demonstrated-competency pathway accepting NDRMC, Federal FRAC, or examination-plus-supervised-experience.

Sec. 402. Interstate Recognition for Federal-Fund Recipients

1. (a) Recognition by federally-funded authorities, consistent with Section 401 of the federal ACSA and N.D. Cent. Code Ch. 43-51.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect August 1 of the year following enactment, except that Sec. 301 shall apply to tax years beginning on or after January 1 of that year.

---

Canonical federal version: ACSA. Other North Dakota bills: ND-MEWRA, ND-GT&P, ND-AI-Workforce.