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Appropriation

A BILL for an Act making an appropriation for defraying the expenses of various state departments and institutions; and to declare an emergency.

Protection and Reimbursement for Property Damage in Emergency

  • Protects NDNG and Emergency Management from liability in natural disaster relief efforts
  • Provides reimbursements to property owners for damages
Date of Meeting: January 10, 2017

Hunting License for Injured Military Wildlife Project

A BILL for an Act to create and enact chapter 20.1-05.1 of the North Dakota Century Code, relating to authorization for issuance of special allocation hunting licenses; to amend and reenact sections 20.1-02-04, 20.1-04-07, 20.1-08-04.1, 20.1-08-04.2, and 20.1-08-04.6 of the North Dakota Century Code, relating to authorization for issuance of special allocation hunting licenses; and to repeal sections 20.1-08-04.8, 20.1-08-04.12, and 20.1-08-04.13 of the North Dakota Century Code, relating to authorization for issuance of special allocation hunting licenses.

This Bill: Is a housekeeping bill which is not intended to change the benefit to veterans
 
Removes section 15 from NDCC 20.1-02-04 which states
 
15. Issue four any deer licenses and six any white-tailed deer licenses annually to the injured military wildlife project of North Dakota for distribution. A license issued under this subsection is valid during the period of the deer bow season.
 
Adds Section 1 to NDCC 20.1-05.1-01 which will state
 
The director shall authorize issuance of the following annual special allocation hunting licenses:
1. Four any deer licenses and six any white-tailed deer licenses per year to the injured military wildlife project of North Dakota for distribution.
FISCAL NOTE  $960 (not General fund dollars)

HOUSE AMENDMENTS & ACTIONS

  • Declared an emergency
  • Changed deer licenses to "deer bow season"
  • Added "if determined appropriate by the director based on sustainability of the species population" to 20.1-05.1-02
  • Committee recommended DO PASS 13-0-1 HJ 136
  • PASSED HOUSE, EMERGENCY CLAUSE CARRIED 89-2 HJ186

FISCAL NOTE: $960 (Unchanged)

SENATE AMENDMENTS & ACTIONS

  • Added Section 2 of SB2228 which failed the Senate
    • Allow four spring wild turkey licenses and permits for ND veterans
      • Selected by nonprofit organization which provides outdoor recreation to Veterans
  • Committee recommended DO PASS 7-0-0 SJ 896
  • Referred back to Committee SJ 916
  • Affected changes to other sections of NDCC 20.1-05.1-01
    • Removed "Rocky Mountain Elk Foundation as one of the Moose license recipients
    • Changed from "50% of raffle net proceeds" to "net proceeds"
      • Changed proceeds going to Rocky Mountain Elk Foundation to North American Wildlife enforcement memorial museum and educational center
    • Removed "North American wild life enforcement memorial museum and educational center as one of the Elk recipients.
      • Changed "50% of net proceeds" to "net proceeds"
      • Added proceeds distributed to Rocky Mountain Elk Foundation
  • Committee recommended DO PASS 7-0-0 SJ 1085
  • PASSED SENATE 47-0 EMERGENCY CLAUSE CARRIED  SJ 1104

FISCAL NOTE $-1,080 (not General fund dollars)

HOUSE REFUSED TO CONCUR HJ 1425

  • House conference committee appointed: D. Anderson, Porter, Mitskog HJ 1425
  • Senate conference committee appointed: Roers, Schaible, Oban SJ 1249
  • Conference Committee Scheduled Hearings
  • Changes made Section 3:
    • Changed from "Individuals" to "Veterans"
    • Added verbiage to show intent that the recreation activities are to improve the health and well-being of veterans and reduce suicide among veterans
    • Added directive on how license is to be provided to veteran
  • PASSED HOUSE 84-6 EMERGENCY CLAUSE CARRIED HJ 1644
  • PASSED SENATE 45-0 EMERGENCY CLAUSE CARRIED SJ 1447

SIGNED BY PRESIDENT SJ 1480

SIGNED BY SPEAKER HJ 1714

SIGNED BY GOVERNOR HJ 1769

FISCAL NOTE: -$1,800

Appropriations - ND Department of Veterans Affairs Budget

Pre-approved by Commissioner, ACOVA and NDVCC

A BILL for an Act to provide an appropriation for defraying the expenses of the department of veterans' affairs.

Requested budget changes: 

  • Increase Post War Trust Fund Principal by $1,750,000.Not Approved.
  • Grant funding for Veteran Service Organizations for NSO's $300,000. Not Approved.
  • Appoint State Approving Agency (SAA) to ND DVA. No state funding.-included in Governor's budget, House approved, Senate approved.Approved.
  • Salary equity funding of $55,100-included in governors budget. -Removed by House, Added back by Senate,Removed in Conference committee. Not Approved.
  • Add training position to NDDVA $135,575. Not Approved.
  • Website upgrade: $60,935. Not Approved.
  • Temporary employee funding of $59,488. Not Approved.
  • Continued funding for PTSD dogs at $100,000. House denied, Senate added to budget at $50,000. Conference committee Approved.
  • Continued funding for Agent Orange Outreach program at $50,000. Not Approved. Approved in HB 1372.
  • increase stand down budget from $10,000 to $20,000 -included in governors budget.-House reduced to $15,000 added requirements, Senate increased to $20,000 removed requirements set by House.Approved at $20,000.
  • Continued funding for transportation vans at $15,000-included in governors budget, House approved, Senate approved.Approved.
  • Add marketing and advertising to budget at $20,000. Not Approved.
  • Add PTSD and TBI treatment study at $108,352. Not Approved.

 

Disorderly Conduct at Funerals of Military/Veterans

A BILL for an Act to create and enact a new section to chapter 12.1-31 of the North Dakota Century Code, relating to disorderly conduct at a funeral; to provide a penalty; and to declare an emergency.

Servicemembers Civil Relief Act

A BILL for an Act to create and enact a new subdivision to subsection 1 of section 57-38-40 of the North Dakota Century Code, relating to the filing period for a claim for credit or refund attributable to the Servicemembers Civil Relief Act by a nonresident member of the United States armed services; to provide an effective date; and to provide an expiration date.

NDNG Members Pay for State Active Duty

  • Adds to NG pay allowances: “Each enlisted member shall also receive a state active duty pay enhancement of one hundred dollars for every fourteen consecutive days spent on state active duty”.
  • Adds to NG pay allowances: “Each commissioned officer member shall also receive a state active duty pay enhancement of one hundred dollars for every fourteen consecutive days spent on state active duty”.
  • Emergency declared on this bill
  • Fiscal note: $10,000 for 2011-2013. $40,000 for 2013-2015.
Date of Meeting: January 10, 2017

Property Tax Credit Disabled Veteran Family Trust

A BILL for an Act to amend and reenact section 57-02-08.8 of the North Dakota Century Code, relating to application of the property tax credit for disabled veterans to properties placed in trust for a surviving spouse; and to provide an effective date.

This bill would...

  • Extend property tax exemption to homesteads held in family trust after veteran is deceased.

FISCAL NOTE: Cannot be determined

HOUSE AMENDMENTS & ACTIONS

  • Added: "a revocable or irrevocable" to the trust for the unremarried surviving spouse...
  • Committee recommended DO NOT PASS 9-5-0 HJ 121
  • PASSED HOUSE: 58-36 HJ147

FISCAL NOTE: Unchanged

SENATE AMENDMENTS & ACTIONS

NDNG-Allows Adjutant General to Provide

  • Adds "Adjutant General Coin" to NDCC 37-01
  • Adds "Disaster Response Coin" to NDCC 37-01
  • Adds a North Dakota state flag may be presented upon retirement to NDNG members with 20 or more years of military service
  • Fiscal note: $20,000. No General funds appropriated

Veterans Home and Veterans Affairs Governance

A BILL for an Act to create and enact a new section to chapter 37-18 of the North Dakota Century Code, relating to the department of veterans' affairs employees; to amend and reenact section 37-14-18 of the North Dakota Century Code, relating to county veterans' service officers; to provide for reports to the legislative council; and to provide an appropriation.

Political Subdivisions Exemption

A BILL for an Act to create and enact two new sections to chapter 54-44.3 of the North Dakota Century Code, relating to authorizing political subdivisions to request an exemption from coverage under the state merit system; and to amend and reenact section 54-44.3-12.1 of the North Dakota Century Code, relating to revisions to the compensation plan established by North Dakota human resource management services.

Purchase of Service Credit for Qualified Military Service

A BILL for an Act to create and enact a new section to chapter 39-03.1, a new section to chapter 54-52, a new section to chapter 54-52.1, a new subsection to section 54-52.6-02, and a new section to chapter 54-52.6 of the North Dakota Century Code, relating to military service retirement credit and temporary employee participation in the defined contribution retirement plan under the public employees retirement system and the acceptance and expenditure of funds by the retirement board for the uniform group insurance program from third parties; to amend and reenact various sections and subsections of the North Dakota Century Code, relating to the purchase of service credit for qualified military service, highway patrol retirement options, compliance with Internal Revenue Code provisions, confidentiality of records, purchase of sick leave, eligibility for the law enforcement retirement plan, temporary employee participation in the defined contribution retirement plan, and retirement benefit options under the public employees retirement system; to repeal sections 54-52-19.2 and 54-52.6-09.3 of the North Dakota Century Code, relating to prior service credit under the public employees retirement system and retirement contributions for military service; to provide a continuing appropriation; to provide an appropriation; and to provide an effective date.

Date of Meeting: January 10, 2017

Appropriations ND Veterans Cemetery and ND National Guard:Governor Dalrymple Bill

A BILL for an Act to provide an appropriation for defraying the expenses of the office of adjutant general; and to provide exemptions. 

This is the bill by Governor Dalrymple. This bill along with Governor Burgum bill will be combined with agency bill. Final bill will be HB1016

HOUSE AMENDMENTS & ACTIONS

Refer to HB1016

WSI Coverage for NG Members while on State Active Duty

  • Adds definition of wages for ND members while on state active duty to include income from federal employment and may be included in determining the average weekly wage.
  • Fiscal note: $0.
Date of Meeting: January 10, 2017

Veterans Preference

A BILL for an Act to amend and reenact section 1-03-01, subsection 1 of section 37-19.1-04, subsection 6 of section 44-04-18.4, subsection 8 of section 54-06-25, sections 54-06-26 and 54-44.3-01.2, subsection 2 of section 54-44.3-03, and sections 54-44.3-05 and 54-44.4-02.1 of the North Dakota Century Code, relating to holidays, bids and proposals received by public entities, notification of nonapplicability of veteran's preference, electronic ballot submission, long distance tolls, salary compensation comparison records, state personnel board vacancy filling procedures, secret ballot election rules, and reports of services.

This bill does not effect the benefit to veterans. This bill:

  • relates to ND Veterans Preference
  • allows for notification of non-hire to be made by electronic notification through the online recruiting solution system
  • removes "Certified Mail" as an option

HOUSE AMENDMENTS & ACTIONS

​SENATE AMENDMENTS & ACTIONS

  • Amended: reinserted "Certified Mail" as an option
  • Committee recommended DO PASS 6-0-0 SJ 722
  • PASSED SENATE 47-0 SJ 755

HOUSE CONCURRED TO SENATE AMENDMENTS 

SIGNED BY PRESIDENT SJ 1293

SIGNED BY SPEAKER HJ 1593

SIGNED BY GOVERNOR HJ 1618

North Dakota National Guard Operations

A BILL for an Act to amend and reenact sections 37‑01‑43, 37‑04‑16, 37‑07.2‑01, subsection 6 of 37‑28‑02, and section 37‑28‑03 of the North Dakota Century Code, relating to the operation of the North Dakota national guard; and to declare an emergency.

Criminal History Record Checks

A BILL for an Act to create and enact a new subdivision to subsection 2 of section 12-60-24 of the North Dakota Century Code, relating to criminal history record checks for the office of the adjutant general; and to declare an emergency.

Veterans In Court

A BILL for an Act to create and enact a new subsection to section 12.1-32-02 of the North Dakota Century Code, relating to sentencing of current and former members of the military.

  • Veterans found guilty of a crime court shall
    • inquire into military service
    • inquire into veteran having any behavior health condition
  • Court may:
    • Conduct presentence investigation and prepare report regarding treatment options with federal, state and local programs
    • Consider treatment recommendations in imposing sentence
  • Fiscal note: $0

House Amendments:

  • Replaced "Is Convicted" with "has pled or is found guilty"
  • Removed requirement of previously being diagnosed with a mental illness
  • Added "there is reason to believe there is a behavioral health condition"

Passed House with amendments. 78,13,0

Senate Amendments:

  • Changed bill to a study

Passed Senate with amendments: 46,0,0

House refused to concur

Conference Committee assigned: Representatives Paur, Maragos, Delmore and Senators Armstrong, Hogue, and Nelson.

  • Changed wording of the study

Passed House: 88,4

Passed Senate: 46,0

 

Visitation Proceedings Involving Military Parent

  • Courts to take particular care to ensure child of military member called to active duty or may be called to active duty has maximum opportunity for contact with parent
  • Military members call to active duty service may not be a factor in court decisions to grant to deny a petition for visitation
  • Military member may petition for visitation rights for family member
  • Fiscal note: $0

Guardian Powers Parent Deployed

  • Allow parent or guardian of a minor child or incapacitated person authority to delegate guardianship to another person for up to 24 months
  • Declared an emergency
  • Fiscal note: $0

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.

Mandatory Evacuations

  • Adds "Mandatory evacuation order to NDCC 37-17.1-10". Reads: "A local disaster, emergency or mandatory evacuation order may be declared" ...
  • Allows local executive officers of city or county to order mandatory evacuations

Residency for Tuition Purposes

A BILL for an Act to amend and reenact section 15-10-19.1 of the North Dakota Century Code, relating to resident students for tuition purposes; and to declare an emergency.

  • This bill required to comply with new Federal GI Bill regulations
  • Adds new subsection: A covered individual as defined by section 702 of Public Law No. 113-146 [128 stat. 1797; 38 U.S.C. 3679].
  • Fiscal note: $0

Appointment of CVSOs

A BILL for an Act to amend and reenact section 37-14-18 of the North Dakota Century Code, relating to appointment of a county veterans' service officer.

Veterans Employment Preference

Bill Origination: Representative Schatz, Mike

Pre-approved by Commissioner, ACOVA, and NDVCC

A BILL for an Act to amend and reenact section 37-19.1-02 of the North Dakota Century Code, relating to the employment preference for veterans.

  • Removes certain exemptions opening them to veterans preference
    • Superintendent of Schools
    • School teacher
    • Higher Education
      • Chancellor and Vice Chancellor 
      • Presidents or Executive deans
      • Vice Presidents
      • Assistants to the President
      • Provosts
      • Instructors
      • Athletic Team coaches of board institutions
  • Fiscal note: None

Tuition Waivers and Grants for National Guard Members

A BILL for an Act to amend and reenact sections 37-07.1-02 and 37-07.2-01 of the North Dakota Century Code, relating to tuition waivers and grants for national guard members; and to repeal section 37-07.1-06.1 of the North Dakota Century Code, relating to the national guard tuition fund.

Hunting License as ND Resident

  • Allowed members of US armed forces, and members of their household, stationed in ND to enter lottery for deer and turkey licenses as residents
  • Declared an emergency bill
  • Fiscal note: $51,600. Not General fund dollars.

Hunting License as ND Resident-No Lottery Required

  • Adds "Military member in state on duty or leave"
  • Adds "ND Driver's License number or ND non-driver photo ID" as proof of residency
  • Allows resident hunting licensing without lottery for active duty military members on leave or stationed in ND and residents of ND serving on active duty
  • Effective date April 1, 2014
  • Fiscal note: $32,000. Not General fund dollars.

Restrictions on the sale of flags of the USA

A BILL for an Act to create and enact a new section to chapter 44-08 of the North Dakota Century Code, relating to restrictions on the purchase of flags of the United States of America.

Honor and Remember Flag

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.

Women Veterans Month

Origination: NDDVA, Rep. Grande

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.

Remember Veterans Number Plates

Origination: Sen. Delmore

Creating a "Veterans Remembered License Plate". Proceeds going to Veterans Cemetery. (The plates may be issued as non-profit plates in the future)

Veterans Affairs Stand Down Event Appropriation

Origination: NDDVA, Representative Grande

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.

Military Retired Pay Tax Exemption

Origination: NDDVA, ACOVA

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.

National Guard Member Reduced Hunting and Fishing License Fees

A BILL for an Act to amend and reenact subsections 6 and 55 of section 20.1-03-12 of the North Dakota Century Code, relating to reduced hunting and fishing license fees for resident current and retired national guard members.

  • Reduced fishing and hunting license for current and retired guard members
  • Fiscal note: $72,400

Veterans Indicator on Drivers License

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 a license you must bring DD214 to CVSO for verification and form.

National Guard Free Vehicle Registration

A BILL for an Act to create and enact a new subdivision to subsection 2 of section 39-04-18 of the North Dakota Century Code, relating to motor vehicle registration fees for current and former national guard members.

  • Allows free vehicle registration to ND resident who is a current or retired member of the National Guard.
  • Fiscal note: $172,072

Unemployment Compensation Benefits

A BILL for an Act to amend and reenact subsection 15 or section 52-06-02 of the North Dakota Century Code, relating to when individuals are disqualified for unemployment compensation benefits.

Tuition Reduction for Dependents of Disabled Veterans

Pre-approved by Commissioner, ACOVA, and NDVCC

A BILL for an Act to amend and reenact subsection 1 of section 15‑10‑18.2 and section 15‑10‑18.3 of the North Dakota Century Code, relating to tuition reduction for dependents of disabled veterans based on disability ratings.

  • Dependents of veterans with a VA disability rating of 50-90% to receive tuition reduction equal to veterans disability rating
  • Fiscal note: $2,327,000

House Appropriations Amendment:

  • Removed 50% and replaced with 75%
  • Failed House

Content of bill amended and added to SB 2346 by House GVA

  • Amendment replaced 75% with 90%
  • Fiscal Note: $325,000

SB 2346 received "Do NOT Pass" from house Appropriations

Failed to pass

Veteran/Spouse License Plates

Origination: Commissioner, ACOVA, NDVCC

  • Gold Star plates-removes initial ($15) and annual ($10) fee for plates
  • POW Plates-no additional or annual fee for plates
    • Allows two plates
    • Allows spouse to retain one plate after veterans' death
  • 100% disabled (DAV plate)-no additional or annual ($5) fee for plates 
  • Four patriotic license plates added. (from failed HB 1323)
    • Funds to go to PWTF.
      • Removed and included with DOT budget when new ND license plates are issued.
        • Not found in DOT budget-2015 new bill introduced (HB1360)
  • Fiscal note: $12,500. No appropriations.

Honoring Certain National Guard and Reserve Members as Veterans

A BILL for an Act to create and enact a new section to chapter 37-01 of the North Dakota Century Code, relating to honoring certain members of the national guard, the armed forces reserve of the United States, and the active duty forces of the United States as veterans.

  • Honorably discharged National Guard members who otherwise do not qualify as veterans will be honored as a Veteran
  • Will not be entitled to any veterans benefits
  • Fiscal note: None

Disabled Veteran Benefits and Tax Treatment

Origination: NDDVA, ACOVA

Adds: Individual unemployability 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.

Free Tuition for Surviving Dependents

  • Allows eligible dependents to use free tuition benefit if 100% disabled veteran dies before dependent enrolls in school
  • Fiscal note: $0
Date of Meeting: January 11, 2017

Income Tax Deduction for Retired Military Benefits

A BILL for an Act to create and enact a new subdivision to subsection 2 of section 57-38-30.3 of the North Dakota Century Code, relating to an income tax deduction for retired military personnel benefits; and to provide an effective date.

Bill would provide:

  • Retired military personnel benefits exempt from ND Income Tax

FISCAL NOTE: $4,600,000

HOUSE AMENDMENTS AND ACTIONS

  • No amendments
  • Committee recommends DO NOT PASS 12-1-1 HJ 155
  • Placed on house calendar
  • FAILED TO PASS 23-66 HJ 231

Mobility-Impaired Parking Permits

A BILL for an Act to create and enact a new subsection to section 39-01-15 of the North Dakota Century Code, relating to mobility-impaired parking permits; and to declare an emergency.

Veterans' Day

A BILL for an Act to provide for leave for veterans on Veterans' Day.

Professional Licensure of Military Spouses

  • Provides provisional licenses to spouses of military stationed in ND or stationed in ND before a temporary assignment to duties outside of ND
  • Boards to adopt rules and provide temporary licensure on case-by-case basis
  • State board of architecture and landscape architecture is exempt from this mandate
  • Fiscal note: $0

Child of Military Family - Educational Transfer

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 conductive to facilitating the student's educational advancement, as well as the student's participation in all extracurricular academic, athletic, and social activities.

Income Tax Deduction for Military Retirement Pay

  • Exempt Federally taxed income from military retirement pay from ND income tax

Mobility-Impaired Parking Permits

A BILL for an Act to create and enact a new subsection to section 39-01-15 of the North Dakota Century Code, relating to mobility-impaired parking permits.

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