Legislation

A BILL for an Act to provide an appropriation to the department of veterans' affairs for providing grants for the construction of the Fisher house.

Intent of Bill...

• Provide $500,000 from state funds for construction cost of Fisher House at the Fargo VA Health Care Services.

SENATE AMENDMENTS

• Changed from General Funds to ARPA Funds

SECTION 1. A new section to chapter 54-06 of the North Dakota Century Code is created and enacted as follows: Pledge of allegiance. Notwithstanding any other provision of law, an executive branch officer or employee may not alter the language of the pledge of allegiance. The voluntary pledge is "I pledge allegiance to the flag, of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all."

Intent of Legislative Bill:

1. Funding to offset the cost of Veteran Service Organizations Honor Guard expenses
2. Fiscal note expected: $200,000

Relating to creation of the military honors funeral funds and reimbursement for funeral services; to provide an appropriation; and to provide a continuing appropriation.

HOUSE ACTION:

Amended

• Reduced from $200,000 to $135,000 (House appropriations action)
• Added: If a veterans' service organization has received federal reimbursement for providing a funeral service for a military honors funeral, the veterans' service organization may not apply for reimbursement under this section.

Intent of legislative bill:

1. Allow Military Leave time for Drill and RMA duty pay.
   1. NDCC 37-01-25 (20 workdays)

                                No fiscal note expected

Title

Relating to leave of absence without loss of pay for military duties.

Intent of legislative bill:

1. Pro-rated for part-time students (45 months or 10 Semesters)
   1. Example: ½ time status uses only ½ month or semester
   2. Currently even 1 class in a month=full month utilized
   3. Reason: Difficult for surviving spouse to go to school full time, work and take care of children.
2. Used for bachelor’s or master’s etc.
   1. Allow 45 months or 10 Semesters for any educational goal
      1. Due to highbred classes
      2. If taking more than 12 credit hours and finish early-can continue towards masters etc.
3. NDCC 15-10-18.2 and 15-10-18.3

(From ND Veteran/Military Affairs Advisory Committee)

No fiscal note expected

Intent of legislative bill:

Allow any surviving spouse in receipt of VA dependency and indemnity compensation (DIC) to be eligible for 1 DAV (non-distinctive or standard) plate and exemption.

1. Regardless if Veteran was eligible for or possessed DAV plate prior to death.
2. NDCC 39-04-18 (2) (j)

(remove “Un-remarried” from law)

1. Would match Federal VA DIC eligibility. Simplify the law so if VA determines eligibility for DIC-then qualify for ND DAV plate.
2. NDCC 39-04-18

Include the exemption from the excise tax on vehicle purchases

1. Retroactive DIC eligibility date used for excise tax refund
2. NDCC 39-04-19(3)

Allow veteran and/or surviving spouse to purchase a “Vanity” or “Specialty” plate.

1. Law currently allows veteran to “display either a distinctive license plate or a standard plate that does not identify the veteran as a veteran or disabled veteran which is issued by the department”
2. NDCC 39-04-18 (2) (j)
3. Minimal fiscal note expected

Fiscal Note: - $32,214 in DOT income

Intent of legislative bill:

1. Current Active-Duty Service members eligible (5 points)
   1. Would bring in line with Federal Veterans Preference under Federal Law under Chapter 21 of title 5 United States Code Sub Section: 2108a. (changed in 2011 under the VOW act (Veterans Opportunity to Work) (Hire Heroes Act) Public Law 112-56.
      1. Amend DD214 requirement to allow a certification that the individual is expected to be discharged or released from active duty in the uniformed services under other than “dishonorable” conditions not later than 120 days after the date of the submission of the certification.
2. National Guard/Reserve eligible (5 points)
   1. All current or prior members in good standing
3. NDCC 37-19.1
   1. No Fiscal note expected

Title

Relating to the definition of a veteran and required documentation when claiming veterans' preference for employment.

HOUSE ACTION:

• Removed "North Dakota" from National Guard

Relating to the definition of designated electronic communication and the procedural requirements for refusing veterans preference.

Intent of bill:

Suicide prevention

1. Allow ND DVA’s access to veteran/military death records at ND Vital Records
2. Identify any similarities, patterns or consistencies in ND veteran suicides which could assist in prevention.     
3. No PII information released

No fiscal note expected

HOUSE ACTION:

• Removed all language under NDCC 37-18
• Added to NDCC 23-02.1-27 (2)
  • A certified copy of a complete death record may be issued to a relative, an authorized representative, the child fatality review board, a licensed physician, or a genetic sibling for the purposes of researching family medical history, a funeral director reporting the facts of death, the commissioner of veterans' affairs for a death record of an individual designated as having served in the United States armed forces,...

Relating to designating the bridge on state highway 1806 as the PVT. Albert Grass WWI bridge; and to provide a continuing appropriation.

Relating to designating the bridge on United States highway 52 as the PO3 Patrick G. Glennon Vietnam bridge; and to provide a continuing appropriation.

Verbiage:

The department shall designate the bridge on United States highway 52 between twenty - third street northeast and twenty - fourth street northeast in Harvey as the PO3 Patrick G. Glennon Vietnam bridge and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for the placement of signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating the bridge on United States highway 52 as the PO3 Patrick G. Glennon Vietnam bridge.

Intent of legislative bill:

1. One bridge in ND to be named after “hidden wounds of war”
2. Allow future ND bridges to be named after fallen veterans
3. Little or no fiscal note expected.

A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating the overpass on United States highway 281 as the hidden wounds veterans overpass; and to provide a continuing appropriation.

Verbiage: 

SECTION 1. A new section to chapter 24-01 of the North Dakota Century Code is created and enacted as follows:

Hidden wounds veterans overpass - United States highway 281 - Continuing appropriation.

The department shall designate the overpass on United States highway 281 between twenty - fourth street southwest and twentieth street southwest in Jamestown as the hidden wounds veterans overpass and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for the placement of signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating the overpass on United States highway 281 as the hidden wounds veterans overpass.

A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating the bridge on state highway 6 as the PFC. Ronald C. Goodiron Vietnam bridge; and to provide a continuing appropriation.

Verbiage:

PFC. Ronald C. Goodiron Vietnam bridge - State highway 6 - Continuing appropriation. The department shall designate the bridge on state highway 6 between state highway 24 and county road 134 in Solen as the PFC. Ronald C. Goodiron Vietnam bridge and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for the placement of signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating the bridge on state highway 6 as the PFC. Ronald C. Goodiron Vietnam bridge.

Intent of Bill:

1. Add eligibility for residency at ND Veterans Home for;
   1. Permanently Disabled on State Active-Duty National Guard and Reserve members (removed North Dakota) and,
   2. Former armed forces members who have other than "dishonorable" service (changed from "Honorable") and,
   3. Disabled former service members who otherwise do not qualify as veteran under 37-01-40 who are,
      1. enrolled in VA Health Care System
   4. NDCC 37-15-02
2. No fiscal note expected-federal funds cover

Relating to the creation of a suicide fatality review commission; and to provide an appropriation.

HOUSE AMENDMENTS

• NONE

SENATE AMENDMENTS

• Changed NDH&HS "Executive Director" to "Commissioner"

A BILL for an Act to create and enact a new section to chapter 6-09 of the North Dakota Century Code, relating to a small business diversity revolving loan fund; to provide a continuing appropriation; to provide an appropriation; and to provide a transfer

Intent of legislative bill:

1. Gaming tax at Veteran Service Organizations to PWTF
   1. 50% of Gaming tax paid by Veteran Service Organizations to be deposited in the PWTF or NDDVA grant program
   2. NDCC 53-06.1-12
   3. Fiscal note expected

A BILL for an Act to create and enact a new chapter to title 57 of the North Dakota Century Code, relating to imposition of the foreign influence tax and creation of the foreign influence tax fund; and to provide an effective date

There is created in the state treasury the foreign influence tax fund. The taxes collected under subsection 2 must be deposited in the fund. Pursuant to legislative appropriation, fifty percent of the moneys in the fund is available for programs to support veterans, and fifty percent of the moneys in the fund is available to support school lunch programs.

Relating to gaming site number limits, electronic pull tab device limits, and manufacturing and distributing license fees.

Bill language:

• NDCC 53-06.1-03 (2) (a) add:  A governing body may approve site authorization only for an alcoholic beverage establishment or a bingo hall;
• NDCC 53-06.1-03 (7) add: An authorized site may have no more than ten electronic pull tab devices.

HOUSE ACTION:

• Removed all language and changed to a study.

SENATE ACTION:

• Amended study from "consider studying" to "shall study".
• Added new section to bill limiting
  • number of gaming sites per organization to 15
  • number of electronic pull tab machines per site to 10

Relating to electronic pull tab device requirements.