Legislation

A BILL for an Act to amend and reenact section 37-01-25 of the North Dakota Century Code, relating to national guard or federal service leave of absence for state and political subdivision employees.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 37-01-25 of the North Dakota Century Code is amended and reenacted as follows:

37-01-25. Officers and employees of state or political subdivisions in national guard or federal service to retain status for period of active service or any military duty.

All officers and employees of this state or of a political subdivision of this state who:

1. Are members For purposes of this section, "officer or employee" means:

a. A member of the national guard;

2. b. Are membersA member of the armed forces reserve of the United States of America;

3. c. Shall beAnindividual subject to call in the federal service by the president of the United States; or

4. d. Shall volunteerAn individual who volunteers for such federal service,.

2. An officer or employee of the state or a political subdivision, when ordered by proper authority to active noncivilian employment for any military duty, areis entitled to a leave of absence from suchthe civil service for the period of suchthe active service or military duty including traveling to and from a duty station without loss of status or efficiency rating.

3. If such persons havethe individual has been in the continuous employ of the state or political subdivision for ninety days immediately preceding the leave of absence, they shall receive the individual is entitled to twenty workdays each calendar year without loss of pay. In addition, any

4. A leave of absence necessitated by a full or partial mobilization of the reserve and national guard forces of the United States of America, or emergency state active duty, must be without loss of pay for the first thirty days thereofof the absence less any other paid leave of absence which may have been granted during the calendar year pursuant toin accordance with this section.

5. If leave is required for any military duty or travel to and from a duty station on a day in which a public officer or employee is scheduled to perform the work of the state or of a political subdivision, the officer or employee must be given the option of time:

a. Time off with a concurrent loss of pay for the period missed, the use;

b. Use of leave of absence without loss of pay for the period missed,; or an opportunity

c. Opportunity to reschedule the workperiod so the reserve or national guard military duty or travel to and from a duty station occurs during time off from work without loss of status or efficiency rating.

A BILL for an Act to create and enact a new subsection to section 20.1-03-11 of the North Dakota Century Code, relating to disabled veteran deer hunting licenses.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new subsection to section 20.1-03-11 of the North Dakota Century Code is created and enacted as follows:

A resident disabled veteran who has a one hundred percent service-connected disability as determined by the department of veterans' affairs is entitled to receive a deer license to hunt any legal deer. A deer license issued under this subdivision must be issued without being subject to the lottery for deer hunting licenses.

A BILL for an Act to create and enact a new section to chapter 50-06 and chapter 57-40.7 of the North Dakota Century Code, relating to the creation of the 988 crisis hotline program and the 988 crisis stabilization fund and the imposition of a 988 access fee; to provide for a legislative management report; to provide an appropriation; to provide a continuing appropriation; and to provide an effective date.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new section to chapter 50-06 of the North Dakota Century Code is created and enacted as follows:

988 crisis stabilization fund - 988 crisis hotline program - Establishment - Continuing appropriation.

A BILL for an Act to create and enact chapter 43-44.1 of the North Dakota Century Code, relating to adoption of the dietician licensure compact.

Final Bill:

SB 2265

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. LINE OF CREDIT - BANK OF NORTH DAKOTA - APPROPRIATION - DEPARTMENT OF VETERANS' AFFAIRS - DEFICIENCY APPROPRIATION REQUEST - VETERANS' NATIONAL CEMETERY GRANT - ONE-TIME FUNDING - REPORT. Subject to the provisions of this section, the department of veterans' affairs may borrow up to $3,000,000 through a line of credit from the Bank of North Dakota during the biennium beginning July 1, 2025, and ending June 30, 2027, the proceeds of which are appropriated to the department of veterans' affairs, for the purpose of providing a grant to a nonprofit organization for construction costs associated with the construction of a welcome center, parking lot, and related infrastructure at a veterans' national cemetery in the state, for the biennium beginning July 1, 2025, and ending June 30, 2027. The appropriation in this section is considered a one-time funding item. The interest rate on the line of credit may not exceed the prevailing interest rate charged to North Dakota governmental entities. If the department of veterans' affairs accesses the line of credit, the department of veterans' affairs shall request a deficiency appropriation from the legislative assembly to repay the line of credit. The appropriation in this section is available only upon certification by the department of veterans' affairs to the director of the office of management and budget that the United States department of veterans affairs national cemetery administration will provide final approval of the project plan and authorization to begin construction on the project. The department of veterans' affairs shall require an organization that receives a grant under this section to provide a report to the department of veterans' affairs on the use of the funds received, including copies of all invoices and checks. The department of veterans' affairs shall provide the information received from the organization to the legislative audit and fiscal review committee and report to the committee on the status of the project during the 2025-26 interim.

Intent of bill:

Appropriate general fund dollars for the construction cost of a welcome center for use by Federal VA, Funeral Honor Guard Members and Families of deceased veterans attending interment ceremonies during inclement weather. Office space, committal ceremony room, secure honor guard equipment storage. 

Fiscal note: $3 Million

A BILL for an Act to create and enact a new subsection to section 53-06.1-11.1 of the North Dakota Century Code, relating to the payment of a veterans organization's club expenses with net proceeds from charitable gaming.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new subsection to section 53-06.1-11.1 (5) of the North Dakota Century Code is created and enacted as follows:

A veterans organization may use up to twenty percent of net proceeds per quarter for the costs of food and beverages, including alcoholic beverages, incurred operating the veterans organization's club. A veterans organization may operate one club in one location.

A BILL for an Act to create and enact a new section to chapter 57-02 of the North Dakota Century Code, relating to a valuation reduction for property used as a primary residence; to amend and reenact subdivision b of subsection 4 of section 15.1-27-04.1, subsection 26 of section 57-02-08, sections 57-02-08.1, 57-02-08.3, 57-02-08.9, 57-02-08.10, and 57-02-11.1, subsection 1 of section 57-23-06, and section 57-55-10 of the North Dakota Century Code, relating to the determination of state school aid, removal of the homestead credit, homestead renter refund, and the primary residence credit; to repeal sections 57-02-08.2 and 57-02-08.8 of the North Dakota Century Code, relating to the homestead credit certification and disabled veterans' credit; to provide for retroactive application; to provide an effective date; and to provide an expiration date.

Removes annual fee from Veteran License plates.

A BILL for an Act to create and enact a new chapter to title 37 of the North Dakota Century Code, relating to the establishment of the military compatibility commission.

2023 Legislative Summary

APPRECIATION/PATRIOTIC

• PLEDGE of Allegiance:
  • Government boards and committees shall offer recitation of pledge of allegiance at beginning of meeting. To include: County Commission boards, School Boards, Governing Bodies meetings to public, Public Service Commission, Emergency Service Commission, and Industrial Commission (HB1120 )
  • Pledge of Allegiance to be recited as written. No changes allowed. (HB1172)
• Hunting & Fishing: Out of state National Guard members get resident rate on general fishing and hunting licenses. (HB1134)
• Vietnam Veterans 50^th Commemoration.
  • A concurrent resolution commemorating the 50th anniversary of the end of the United States combat operations and the release of American prisoners of war in Vietnam. (HCR3007)
• US Flag
  • A concurrent resolution encouraging North Dakota citizens to purchase United States flags made of hemp and manufactured in North Dakota. (HCR3004)
• HUNTING AND FISHING: FAILED
  • Allow 501 C 19 (Veteran Organizations) to participate in big game license give aways as allowed by 501 C 3 organizations
  • Not Brought through ND Veterans Legislative Council
  • (SB2294)

BURIAL AND MEMORIAL

• Veteran Memorial Bridges
  • "Veterans Memorial Bridge" located in the town of Cavalier. (HB1117)
  • Bridge located in Cannonball to be named Pvt. Albert Grass. First Native American from Standing Rock to die in WWI. (HB1351)
  • Bridge on highway 30 near Maddock ND to be named PO3 Patrick G. Glennon. ND Vietnam Navy Veteran who was part of the Lost 74. (HB1352)
  • Bridge on Highway 81 crossing I94 in Jamestown to be named. "Hidden wounds of war" bridge. Dedicated to those suffering from PTSD and those who lost their battle with PTSD and other mental health issues. (HB1354)
  • Bridge on Highway 6 near Breien to be named PFC Ronald C. Goodiron Vietnam Bridge. ND veteran who posthumously received from the Republic of Vietnam the "Republic of Vietnam Civil Action medal". (HB1355)
  • FUNDING for Memorial Bridges to be raised locally. No General Fund dollars appropriated.
• Funeral Honor Guard Stipend
  • State stipend of $50 for military funeral honors conducted by Veteran Service Organizations. (HB1182)
    • Stipend paid if no Federal Stipend or Stipend from Funeral Home is paid
    • $50 per funeral honor guard team-not per member.
• Lost 74 (USS Frank E. Evans)
  • A concurrent resolution urging the 118th Congress to take favorable action on S. 849 and H.R. 7972, to provide for the inclusion on the Vietnam Veterans Memorial Wall the names of the lost crew members of the U.S.S. Frank E. Evans. (HCR3008)

EDUCATION

• Active Military Kids/Transfers
  • K-12 School kids of military transfers may begin or finish semester online before or after transfer to or out of ND Schools. (HB 1132)
• Tuition Waiver
  • Dependents of 100% disabled Veteran or surviving dependents.
    • Part time student able to achieve up to bachelors regardless of number of semesters or years required to accomplish. Allow to attend part-time. (HB1196)
    • Certain Dependents of veterans retroactively awarded Service-Connected disability after veterans’ death to be eligible for tuition waiver. (HB1212)
  • National Guard members:  Grant National Guard members tuition fees at out of ND Schools. Same tuition rate as ND Schools. (SB2094)
•  

EMPLOYMENT/ENTREPRENEUR

• Veterans Employment Preference
  • Active military may submit letter from commander stating a discharge (DD214) with character of service other than “dishonorable” will be issued. Member to receive 5 veteran points. Letter within 120 days of expected discharge. (HB1222)
  • NATIONAL GUARD & Reserve:  Current and past members eligible for 5 veterans preference points. (HB1222)
  • Electronic Notification: Provide Electronic notice in lieu of Certified Letter for veteran’s preference notice of non-hire and appeal hearing requests. (HB1250)
• Public employees leave to care for veteran or military member
  • Amend ND Century Code to align with Federal Family Medical Leave Act (FMLA) which allows up to 26 weeks leave to care for a family member veteran or military member medical needs. (SB2198)

FINANCIAL

• Charitable Gaming:
  • Allow charitable gaming donations to State Veteran Service Organizations office for "The administrative and program management expenses of a statewide veterans' organization". HOUSE amended from "operating" to "program management". SENATE amended by adding emergency clause.  EFFECTIVE 4/12/2023 (HB1142)
• Teachers: Allow military retired to opt out of state teachers’ retirement fund. (HB1150)
• Vehicle Excise Tax
  • Allow surviving spouses whose military spouse passed away before gaining benefits from VA to be eligible for excise tax (HB1212)
• Property Tax
  • Allow surviving spouses whose military spouse passed away before gaining benefits from VA to be eligible for property tax credit (HB1212)
• Vehicle license plates
  • Surviving spouse:
    • Allow surviving spouses whose military spouse passed away before gaining benefits from VA to be eligible for free license plate/vehicle registration (HB1212)
  • Choice of specialty plate:
    • Allow 100% disabled veteran, spouse or surviving spouse to choose from DAV plate or Regular ND plate at no cost or pay fee for vanity or specialty plate. (HB1212)
• ND Department of Veterans Affairs Loan Program
  • National Guard and Reserve to be added as eligible to apply for loan (SB2204)
• Create Low Interest Small Business Loans: FAILED
  • Veterans, Women and Minorities
  • Not brought through ND Veterans Legislative Council
  • (HB1420)
• Post War Trust Fund Charitable Gaming: FAILED
  • 50% of gaming tax paid by veteran organizations to go to PWTF Principal
  • Brought through ND Veterans Legislative Council
  • (HB1426)
• Foreign Influence Tax: FAILED
  • New tax on legislative and constitutional measures funding brought by outside ND interests.
  • 50% of new tax would go to veteran benefits
  • Not brought through ND Veterans Legislative Council
  • (HB1452)

HEALTH AND WELLBEING

• Suicide Prevention
  • Access to Death Records:
    • Allow ND Department of Veterans Affairs Commissioner to access complete Death Records of past or current military service members. Purpose is to Assist in prevention of veteran suicide. (HB1326)
  • Suicide review commission:
    • Create Suicide review Commission. Assist in suicide prevention. A member of a ND Veteran service organizations must be a member of the review committee. (HB1390)
• Not Veteran Specific
  • Diabetic Drugs (Insulin) and Supplies copay limit to $25 per month.
    • Health insurance caps. Amended to public employees (SB2140)
• Transportation to VAMC
  • Funding for purchase of 2 DAV Vans in next biennium. (HB1025)

HOUSING

• Fisher House ND
  • $500,000 for construction of Fisher House in Fargo ND. At or near Fargo VA Medical Center. ARPA Funds. (HB1157)
  • $500,000 continued appropriations from 2021 special session. ARPA Funds (HB1025)
• ND State Veterans Home
  • National Guard & Reserve, Military members:
    • Allow disabled National Guard and other service members who qualify for VA Health care but not ND definition of Veteran (180 days) to qualify for ND Veterans Home residency. (HB1389)
  • Character of Service:
    • Change character of service from "honorable" to other than "dishonorable" for eligibility. (HB1389)
  • Facility improvements
    • Parking lot replacement. Special funds-not state funds. (HB1007)
    • Thermostats and air exchanger. Funding approval to replace. (HB1007)
  • Study (interim) of structure of veteran home governance. (HB1007)

LAW AND POLICY CHANGE

• Add Definition of Armed Forces, Military and Uniformed Services to NDCC 37-01.  (HB1109)
• National Guard: UCMJ updates (SB2095)

LEGAL SERVICES

• None

NATIONAL GUARD AND MILITARY SPECIFIC

• NATIONAL GUARD:
  • State Active Duty Pay. Update pay in comparison to surrounding states.  (HB1069)
  • NG members who are employed by state or political subdivisions to have choice on military leave usage (weekend drills, schools, annual training etc.). Government employee benefit. (HB1193)
  • Income Tax (ND State) Exemption on military pay. (SB2293)
  • NDNG Budget:
    • $26,656 Adjusted Compensation (war bonus)
    • $16,800,000 ARPA funds for
      • $5,300,000 Construct Billets at Camp Grafton
      • $8,900,000 Construct Dickinson Readiness Center
      • $2,600,000 Design & Engineering Williston Readiness Center
    • $500,000 for Maintenance and Repairs of State-Owned armories
    • Carry over authority for projects funding in last legislative session.
    • Authority to accept funds for construction of ND Military Museum
    • (SB2016)
  • Project funding: $71 Million: FAILED-Moved several to NDNG Budget
    • (1) $26,000,000 for a Williston armory project.
      • (2) $20,000,000 for a military museum project.
      • (3) $10,000,000 for a Dickinson readiness center project.
      • (4) $9,000,000 for a Camp Grafton fitness facility project; and
      • (5) $6,000,000 for a Camp Grafton training center billets project.
      • Many transferred to NDNG budget: SB2016
      • (SB2307)
    • LAW/POLICY/ Deploy Guard: FAILED
      • National Guard unable to be deployed by US President without declaration of war
      • Not brought through or supported by ND Veteran Legislative Council
      • (HCR3012)
• Military:
  • Early Childhood Services definition. Add to NDCC 50-11.1-02 childcare programs certified by UD Department of Defense 6060.02. (SB2182)
  • Adoption of a counseling compact
    • Allow use of Telehealth
    • Support spouse of relocating military
    • Licensing if other states-collaboration
    • (SB2187)
  • Adoption of psychology interjurisdictional compact and predoctoral supervised psychological internship program. (SB2205)
  • Military Base Retention. $1,000,000 one-time General Funds to ND Department of Commerce for Base Retention grants
    • $500,000 for Fargo and Grand Forks (combined)
    • $500,000 for Minot.
    • (SB2240)

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

Optional package

• $750,000 resident garages and storage units (From: Melvin Norgard Funds)
  • Governor recommended $750,000. (From: Melvin Norgard Funds)
  • House approves $750,000. 
  • Senate approves $750,000.
• $1,100,000.00 parking lot and road repairs (From: Special Funds)
  • Governor recommended $750,000 (From: Strategic Investment and Improvement Funds).
  • House approves $600,000.
  • Senate approves $1,100,000 (Changed to: Special Funds)
• $125,750 equipment purchases (From: Special Funds)
  • Governor recommended at $108,900.
  • House approves $125,750.
  • Senate approves $$125,750.
• $478,930 Thermostat and air handling repairs/replacement (From: Federal ARPA Funds)
  • NDVH requested $150,000 (From: Special Funds)
  • Governor-NOT recommended.
  • House approves $328,930 (Federal ARPA funds)
  • Senate approves $478,930 (Federal ARPA funds)
• Senate added a study of veterans' home.
  • Interim 2023-24 shall consider legislative study.
  • Study current duties and responsibilities of:
    • ACOVA
    • Veterans Home Governing board
    • Veterans' Home Administrator
    • any organizational changes necessary to...
      • provide services for veterans and spouses.
      • increase resident census at veterans home.
      • accomplish goals of strategic plan
      • ensure long-term viability of the veteran's home.

Intent of legislative Bill:

ND Veterans Affairs Budget Optional requests

NDDVA Request and Governor recommendations.

1. Staff salary equity funding.
   1. NDDVA requested $289,710.
   2. Governor recommended $102,000.
   3. House reduced to $85,000.
   4. Senate
2. 1 FTE-DENIED
   1. NDDVA requested return of 1 FTE's lost in 2017 RIF's.
   2. Communications director $199,756     
      1. Governor did NOT recommend. 
      2. House did NOT approve.
      3. NDDVA changed to Deputy Commissioner position.
      4. Senate did NOT approve.
3. 1 FTE Approved 
   1. NDDVA requested return of 1 FTE's lost in 2017 RIF's.
      1. Veterans Benefits Specialist $175,510 
      2. Governor recommended 1-FTE (move Part Time Temp to FTE). 
         1. Using $68,000 federal funds supplanted from HRTG.
         2. Using state general funds for remainder
      3. House approved this FTE.
         1. Reduced $68,000 supplanted funds to $18,000 as bargaining chip.
      4. Senate approved House amendment.
4. 1 Additional DAV Van Approved
   1. NDDVA requested funding for one more vehicle $18,800 (1 in base budget. Total of 2 vans at $37,600)
      1. Governor recommended additional van.
      2. House approved additional van.
      3. Senate amended from General Funds to ARPA dollars. Approved.​​​​​​​​​​​
5. ​​​​​​​​​​​​​​​​​​​​​$19,066 Retirement funding
   1. NDDVA requested $19,066.
      1. ​​​​​​​Governor recommended at $19,066.
      2. House approved at $19,066.
      3. Senate approved at $19,066.
6. $100,860 Scanning grants for all DD214’s in County and Tribal offices
   1. NDDVA requested: ($78,000-$324,000 as bids were pending during session)   
      1. Governor recommended at $78,000. From General Funds
      2. House approved at $78,000 (waiting on bid results from procurement)
      3. Senate amended to $100,860 (based on bids received) From: ARPA dollars.

HOUSE ACTION:

• Supported Governor Recommendations except...
  • ​​​​​​​Reduced equity funding by -$17,000
  • Removed PTSD dog funding from base budget -$50,000.
    • ​​​​​​​allowed carry over of past biennium.
  • ​​​​​​​Replaced $50,000 of supplanted federal (HRTG) funds with general funds.

SENATE ACTIONS:

• Supported Governor Recommendations amended...
  • ​​​​​​​Equity funding as OMB budget committee recommends.
  • Amended 1 time funding items from General Funds to ARPA dollars.
    • ​​​​​​​1 DAV Van $18,800
    • Scanning Project $100,860

Relating to the pay and benefits received by national guard members; to amend and reenact subsection 9 of section 37‑17.1‑05 of the North Dakota Century Code, relating to response to disasters or emergencies; and to repeal sections 37‑04‑08, 37‑04‑09, 37‑04‑11, 37‑04‑12, 37‑04‑13, and 37‑07‑05 of the North Dakota Century Code, relating to expenses and pay of officer and enlisted members of the national guard.

the daily pay rate for each of the grades listed must be increased as follows:

a. E-3 - fifty-five percent.

b. E-4 - forty-five percent.

c. E-5 - thirty-five percent.

d. E-6 - twenty-five percent.

e. E-7 - fifteen percent.

f. E-8 - ten percent.

HOUSE AMENDMENTS:

• Added Emergency Clause

Intent of legislative bill:

1. Update definition of Military, Armed Forces and Uniform Services Under  NDCC 37-01:
2. Add to 37-01-01 Definitions
   1.  “Armed forces” means Army, Marine Corps, Navy, Air Force, Space Force and Coast Guard.
   2. “Military” means armed forces.
   3. “Uniformed services” means the armed forces, National Oceanic and Atmospheric Administration Commissioned Officer Corps and the Commissioned Corps of the U.S. Public Health Service

No fiscal note expected

Relating to designating the bridge on state highway 18 as the veterans memorial bridge; and to provide a continuing appropriation.

A BILL for an Act to amend and reenact sections 11-11-05 and 15.1-09-30, subsection 5 of section 15.1-19-03.1, and sections 40-06-02, 49-01-07, 54-16-01, and 54-17-02 of the North Dakota Century Code, relating to the recitation of the pledge of allegiance.

HOUSE AMENDMENTS

• Changed to "regularly scheduled meetings"

SENATE AMENDMENTS

• Removed all of section 3 of bill relating to school boards

Relating to virtual instruction of military-connected students; and to amend and reenact section 15.1‑20‑02 of the North Dakota Century Code, relating to compulsory school attendance.

Intent of Bill: Allow students of military parents who are transferred to or out of ND to attend beginning or end of school year in order to complete that year of schooling.

HOUSE ACTIONS:

Amended: added "Students with a medical condition, or students moving out of state"

Relating to hunting and fishing license, permit, and application fees for out‑of‑state national guard members; and to amend and reenact section 20.1‑01‑02, subsection 3 of section 20.1‑03‑07.1, subsection 4 of section 20.1‑04‑12.1, and section 20.1‑06‑14 of the North Dakota Century Code, relating to hunting and fishing license, permit, and application fees for out‑of‑state national guard members.

HOUSE ACTION:

• Removed "former member of the national guard"
• Removed most of the law?

Intent of legislative bill:

1. 1. Veteran Gaming income to be allowed for donation to and used for operation of State Veteran Service Organization Department administrative and operational expenses and programs
   2. NDCC 53-06.1-11.1 (2)
   3. No fiscal note expected.

Verbiage added to law:

• The administrative and operating expenses of a statewide veterans' organization.

HOUSE ACTION:

• Amended: The administrative and program management expenses of a statewide veterans' organization.

SENATE ACTION:

• Amended: Added emergency clause.

Relating to an exception to membership in the teachers' fund for retirement for retired military personnel.