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2011 Legislative Update

*   Original bill approved ACOVA
** Original bill approved ACOVA and NDVCC

Bill # Description
Veterans Preference
Status
House Bills
* HB 1007 Appropriations for ND DVA and Veterans Home Budgets

Origination of Bill: ND DVA, Vets Home

Adds one time funding for discharge project and website for ND DVA

*Creates and enacts a new section to NDCC 37-15 by creating a Melvin Norgard Memorial Fund which all monies donated to home will be deposited in this fund, the Governing board of the Veterans Home will recommend projects and programs to be funded by this fund and appropriations shall consider the recommendations.
*Adds studies: to determine the options for the old Veterans home and to study the delivery of services to Veterans. (These studies were not selected by the Legislative Management Committee to move forward during the interim)
*Used mineral rights donated monies to fund
*Re-grading of Oxbow, Sprinkler system, and Landscaping: $126,500
*Move Gazebo: $75,000
*Architect fees-shop $10,000

Passed 88-5 in House
Passed 45-2 in Senate
Signed by Governor
Filed with Secretary of State
HB 1116

Property Tax
Origination of Bill: Tax Commissioner

Changes Property Tax exemption for Disabled Veterans from the first “One hundred twenty thousand dollars of true and full value” to “Five thousand four hundred dollars of taxable value” This calculates out to the same amount of tax savings. The change keeps the assessed value of the property the same for reporting and statistical purposes.

NDCC 57-02-08.8

Passed 89-0 in House
Passed 47-0 in Senate
Signed by Governor
Filed with Secretary of State
HB 1163

Honor and Remember Flag
Origination of Bill:

The official state honor and remember flag is the national honor and remember flag for fallen members of the armed forces. The governor by proclamation may require the display of the state honor and remember flag on state property at certain times and places to honor and remember the lives of all members of the United States armed forces who have lost their lives in the line of duty.

NDCC 54-02

Passed 91-0 in House
Failed 8-39 in Senate
** HB 1167

Women Veterans’ Month – March
Origination of Bill: ND DVA, Rep. Grande
NDVCC Resolution #12

March of each year is Women Veterans' Month. Each year the governor shall issue a proclamation on March first in honor and remembrance of surviving and departed women veterans who have served honorably and with courage on behalf of the United States of America since the American Revolutionary War.

NDCC 1-03

Passed 90-0 in House
Passed 47-0 in Senate
House concurred with Senate changes
Passed 91-0 in House
Signed by Governor
Filed with Secretary of State
HB 1170

Remember Veterans Number Plates
Origination of Bill: Sen. Delmore, John Hanson
Creating a “Veterans Remembered License Plate”. Proceeds going to Veterans Cemetery

*(The plates may be issued as non-profit plates in future)

NDCC 39-04

Failed 20-71 in House
** HB 1177

Veterans Stand Downs
Origination of Bill: ND DVA, Rep. Grande
NDVCC Resolution #16

Provide $20,000 to the Department of Veterans Affairs to assist in holding Stand Down events in communities around North Dakota. Provides maximum of $5,000 per event-must have matching funds.

Appropriations

Passed 92-1 in House
Passed 47-0 in Senate
House concurred with changes
Passed 94-0 in House Signed by Governor
Filed with Secretary of State
** HB 1178

Military Retired Pay Tax Exemption
Origination of Bill: ND DVA, ACOVA
NDVCC Resolution #7

Reduced by the amount received by the taxpayer as retired military personnel pay for service in the United States army, navy, air force, coast guard, or marine corps or reserve components of the United States army, navy, air force, coast guard, or marine corps, to the extent that retired military personnel pay is included in North Dakota taxable income of the tax payer.

NDCC 57-38-30.3(2)

Failed 37-56 in House
** HB 1197

Veterans Indicator on Drivers License
Origination of Bill: ND DVA
NDVCC Resolution #13

Upon request and with adequate documentation, the director shall place an indicator on the face of an operator's license of a veteran. The veteran may make the request through the department of veterans' affairs.

* To have this on your license you must bring DD214 to CVSO for verification and form.

*This will help in bringing Veterans into CVSO’s offices.

NDCC 39-06

Passed 91-0 in House
Passed 47-0 in Senate
Signed by Governor
Filed with Secretary of State
** HB 1217

IU and DIC
Origination of Bill: ND DVA, ACOVA
NDVCC Resolution #2, 3 & 10

Adds: Individual Un-employability as qualifying as 100% or Total Disabled to benefits for property tax exemption (effective for tax years after Dec 31, 2010, free tuition, vehicle plates and vehicle excise tax

Adds: un-remarried surviving spouse in receipt of DIC will receive 100% of the property tax exemption and continue veterans vehicle excise tax exemption after death

NDCC 15-10-18.2 (1) / 39-04-18 / 57-02-08.8 / 57-40.3-04

Passed 94-0 in House
Passed 46-0 in Senate
Signed by Governor
Filed with Secretary of State
HB 1248

Child of Military Family-Educational Transfer
Origination of Bill:

If the child of a military family transfers into this state, the superintendent of the receiving school district, whenever discretion or judgment is possible, shall apply the provisions of title 15.1 and any rules adopted to implement title 15.1 in a manner that is the least restrictive and the most conducive to facilitating the student's educational advancement, as well as the student's participation in all extracurricular academic, athletic, and social activities.

NDCC 15.1-19

Passed 94-0 in House
Passed 47-0 in Senate
Signed by Governor
Filed with Secretary of State
** HB 1271

Korean War Dates Corrected
Origination of Bill: ACOVA
NDVCC Resolution #1

Corrects NDCC dates of Korean War to match Federal VA dates

*for use in applying for North Dakota Honorary high school diploma

NDCC 37-01-42 (2)

Passed 89-2 in House
Passed 46-0 in Senate
Signed by Governor
Filed with Secretary of State
HB 1275

Military Retired Pay Exemption
Origination of Bill: Rep. Klein

First $5,000 of military retirement pay exempt from ND income tax for persons over 50 years old Included firefighters, police highway patrol and government retirees

NDCC 57-38-30.3

Failed 33-61 in House
HB 1306

Property Tax Exemption
Origination of Bill:

Removed the 50% or greater. So any % would get that % of tax exemption on first $120,000 of property value.

NDCC 57-02-08.8

Failed 7-87 in House
** HB 1316

Appeals Hearings Closed to Public
Origination of Bill: ND DVA
NDVCC Resolution #11

Appeals to ACOVA subcommittee of Loan and Grant program would be closed to public, upon the request of the applicant, to protect the medical and financial information of the applicant.

NDCC 37-14-12

Passed 94-0 in House
Passed 47-0 in Senate
House concurred with Senate changes
Passed 94-0 in House
Signed by Governor
Filed with Secretary of State
HB 1375

National Guard Group Life Insurance
Origination of Bill: Rep. DeKrey

Pay for first $250,000 of National Guard Members group life insurance premiums.

*Changed to an interim study of the benefits of ND and other state guard members

Appropriations

Passed 92-0 in House
Passed 46-0 in Senate
Signed by Governor
Filed with Secretary of State
HB 1379

ACOVA Removed
Origination of Bill: Rep. Grande, Sen. Dever

Would remove the ACOVA Commissioner appointed by Governor. State Treasure, Secretary of State and Director of Human Services would be board over Veterans Affairs.

NDCC 37-18.1-01

Failed 24-69 in House
HB 1415

Deer Licenses for Wounded Warriors
Origination of Bill:

Issue four any deer licenses annually to the wounded warrior project for distribution. A license issued under this subsection is valid from the opening of the youth deer season through the close of the deer season.

NDCC 20.1-02-04

Passed 93-0 in House
Passed 47-0 in Senate
Signed by Governor
Filed with Secretary of State
** HB 1429

CVSO Training
Origination of Bill: House Government & Veterans Affairs Committee

Would update the requirement of CVSO’s to be accredited with NACVSO by August 1, 2011 by removing the date and requiring new CVSO’s to attend the NACVSO accreditation training at County expense. Would add qualifications required by Commissioner of Veterans Affairs. Would have changed “May” to “Shall” in working and law requirements

*Would have added the requirement of all CVSO’s to pass TRIP training (required for most accreditations), gain access to VA web applications by taking LMS training and installing Rescue, have minimum standards in training and office requirements, etc.

**Since bill failed-Current law stands: All CVSO’s must be accredited with NACVSO by August 1, 2011.

NDCC 37-14-18

Passed 92-1 in House
Failed 1-46 in Senate
** HB 1468

PostWar Trust Fund
Origination of Bill: ND DVA, ACOVA
NDVCC Resolution #6

Original bill asked for $400,000 to fund programs (such as grants, vans, stand downs etc) for one biennium so that we could move from spending PWTF earnings as they are earned to spending them after biennium (would make budgeting better, provide a safety net and more interest). Asked for $2,000,000 to increase PWTF principal and to provide ability to grow the principal for future needs PWTF has been at $4.1million since it was established 30 years ago. Would add $500,000 to Veterans Aid loan fund

*Final bill as amended and passed: $210,000 one time funding in lieu of income earned from the PWTF $50,000 one time funding for purchase of transportation vans. Changed NDCC 37-14-14 so that interest earnings from PWTF during current biennium to be spent in next biennium and not in the biennium the income was earned

Appropriations

Passed 90-4 in House
Passed 47-0 in Senate
Signed by Governor
Filed with Secretary of State
Senate Bills
** SB 2060

Honor Guard Leave for State Employees
Origination of Bill: D.O.T., Sen. Lyson
NDVCC Resolution #7

Provides 24 hours of paid leave time for classified government employees to participate in honor guard for funerals.

NDCC 5406

Passed 46-0 in Senate
Passed 90-0 in House
Senate concurred with House changes
Passed 47-0 in Senate
Signed by Governor
Filed with Secretary of State
SB 2069

Medical Expenses – ND National Guard
Origination of Bill: Adjutant General

The North Dakota National Guard is authorized to pay medical expenses for National Guard members who are called to state active duty when the member sustains an injury or illness that is found to have occurred within the line of duty and is not covered by workforce safety and insurance and when such treatment occurred while on state active duty. Payments shall be made only for costs not covered by other health insurance. Coverage of qualifying medical expenses is subject to rules set forth by the office of the adjutant general and subject to available funds.

NDCC 37-01

Passed 46-0 in Senate
Passed 88-0 in House
Signed by Governor
Filed with Secretary of State
SB 2071

National Guard Can Recall Former Members
Origination of Bill: Adjutant General

Authorize the adjutant general to recall to state active duty, on a volunteer basis, former members of the North Dakota National Guard. Those recalled must possess the qualifications required by the disaster or emergency. Recall under this subsection is effective only for the duration of the disaster or emergency and recalled personnel will be released from state active duty upon competent authority that the requirement of their service under this subsection has passed. Compensation for personnel recalled under this subsection will be based upon section 37 - 07 – 05

NDCC 37-17.1-05

Passed 47-0 in Senate
Passed 93-1 in House
Senate concurred with House changes
Passed 47-0 in Senate
Signed by Governor
Filed with Secretary of State
SB 2090

Definition of Veterans and Civil Service Codes
Origination of Bill: Adjutant General

Changes Court martial code editions. Replaces Soldiers and Sailors civil relief act with Service member’s civil relief act.

Change definition of veteran...

"Veteran" means a member of the national guard or reserve component who was activated under 10 U.S.C. 12301, as effective through October 2004, and 10 U.S.C. 12302, as effective through 2004, and who completed honorable and faithful service of more than thirty days on active duty in the armed forces of the United States at any time during the period of service, or active component member awarded the expeditionary medal or campaign badge for service after December 5, 1992, who was a resident of the state of North Dakota, and who has not received bonus or adjusted compensation from another state for the period of service.

NDCC 37-01-03 / 37-28-02

Passed 47-0 in Senate
Passed 88-0 in House
Signed by Governor
Filed with Secretary of State
SB 2116

Military Service Members Remains Designee
Origination of Bill: Adjutant General

If the decedent died while serving in any branch of the United States armed forces, the United States reserve forces, or the National Guard, as provided by 10 U.S.C. 1481 section (a)(1) through (8) as effective through December 2001, and completed a United States department of defense record of emergency data, DD form 93, or its successor form or its equivalent branch's form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves on the person authorized by the decedent pursuant to that form.

NDCC 23-06-3(5)

Passed 46-0 in Senate
Passed 94-0 in House
Senate concurred with House changes
Passed 47-0 in Senate
Signed by Governor
Filed with Secretary of State
SB 2118 Volunteers Officer Assistance in Emergencies (National Guard)
Origination of Bill:
Failed 4-42 in Senate
SB 2120

Military Overseas Voters
Origination of Bill: Commission on Uniform State Laws

Provides for military oversees voters to vote absentee ballots.

NDCC 16.1-07

Passed 47-0 in Senate
Passed 92-0 in House
Signed by Governor
Filed with Secretary of State
SB 2152

ND 211 Services
Origination of Bill:

211-1 would provide services for Veterans and Families to get connected to health and human services for mental health.

Appropriations

Failed 17-29 in Senate
SB 2163

Traumatic Brain Injury Services
Origination of Bill:

SECTION 1 APPROPRIATION There is appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of $110,000, or so much of the sum as may be necessary, to the department of human services for the purpose of providing traumatic brain injury case management services in eastern North Dakota, for the biennium beginning July 1, 2011, and ending June 30, 2013.

Appropriations

Passed 46-0 in Senate
Passed 93-1 in House
Signed by Governor
Filed with Secretary of State
SB 2211

Veterans Preference (Coaches and Assistants)
Origination of Bill:

Changes assistant to assistants and adds athletic team coaches as exempt to veteran preference laws in higher education.

NDCC 37-19.1-02(5)

Passed 42-4 in Senate
Passed 80-11 in House
Signed by Governor
Filed with Secretary of State
** SB 2279

Veterans Preference
Origination of Bill: ND DVA NDVCC Resolution #8

Cleans up and updates the Veterans Preference Laws. Combines the NDCC and the NDAC Separates the Competitive Personnel System and the Non-Competitive Personnel System to make it easier for employers and veterans to understand and clarifies the appeals process

NDCC 37-19.1-01

Passed 46-0 in Senate
Passed 92-0 in House
Senate concurred with House changes
Passed 47-0 in Senate
Signed by Governor
Filed with Secretary of State
SB 2321

Property Tax Credit for Deployed Guard
Origination of Bill:

Provides a 40% tax credit for Guard members if deployed

NDCC 57-02-08.9

Passed 46-0 in Senate
Failed 25-67 in House
SCR 4010

Study Services to Aging Population and Veterans
Origination of Bill:

Study state human services and guardianships for aging population including veterans.

Adopted in Senate
Adopted in House
Signed by Speaker (House)
Signed by President (Senate)
Filed with Secretary of State
SCR 4015

Peace in Iraq and Afghanistan
Origination of Bill:

ND House and Senate to urge President of US to pursue peace in Iraq and Afghanistan and disengage American combat forces.

Adopted in Senate
Adopted in House
Senate did not concur House changes
Failed in Senate
 
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