Legislation

Tax Exempt Military and Retirment Pay

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to amend and reenact subdivision g of subsection 2 of section 57-38-30.3 of the North Dakota Century Code, relating to an income tax deduction for service payments and retirement benefits received by an active or reserve member of the armed forces or the national guard or a surviving spouse; and to provide an effective date.

This bill would...

• Exempt Active Military Pay from ND State Income Tax
• Exempt National Guard and Reserve pay from ND State Income Tax
• Exempt Military retirement pay from ND State Income Tax
• Exempt Military retirement pay received by surviving spouses from ND State Income Tax

HOUSE AMENDMENTS AND ACTIONS

• Removed: "retirement benefits" from exemption
• Committee recommended DO NOT PASS 11-3-0 HJ 362

FISCAL NOTE: $5,800,000 (General Fund)

FAILED HOUSE 35-54 HJ 396

National Guard Definition of Volunteer Emergency Responders

Military Families Top Ten (#10)

A BILL for an Act to amend and reenact subsection 2 of section 37-29-01 of the North Dakota Century Code, relating to the definition of volunteer emergency responders.

• Remove the words "North Dakota" from the NDCC
• Allow National Guard members of ND and other states to participate as "Volunteer Emergency Responder"

HOUSE AMENDMENTS AND ACTIONS

• Committee recommends DO PASS 13-0-1 HJ 253
• PASSED HOUSE 92-0 HJ 284

SENATE AMENDMENTS AND ACTIONS

• Added to NDCC 37-29-03 (3) "discrimination against" to the definition of volunteer emergency responders
• Committee recommended DO PASS as amended SJ 794
• PASSED SENATE 44-0  SJ 818
• HOUSE REFUSED TO CONCUR HJ 1451
• Senate Conference Committee: Laning, Schneider, Rohr HJ 1451
• House Conference Committee: Roers K., Vedaa, Oban

CONFERENCE COMMITTEE AMENDMENTS AND ACTIONS

• HOUSE ACCEDES HJ 1652
• PASSED HOUSE 91-0 HJ 1854
• HOUSE ADOPTED SJ 1627

FISCAL NOTE: $0

SIGNED BY GOVERNOR 4/23/2019 HJ 2066

ND Adjutant General to Accept and Expend Funds

A BILL for an Act to create and enact section 37-03-18 of the North Dakota Century Code, relating to the adjutant general's program supporting North Dakota service members, veterans, families, and survivors, and the ability to accept funds for this purpose; and to provide a continuing appropriation.

SIGNED BY GOVERNOR 4/4/2019 HJ 1507

• Effective date: 07/01/2019 per ND Constitution, Article IV, Section 13 

Service Dogs for ND Veterans with PTSD

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to provide an appropriation to the department of veterans' affairs for the training of service dogs for North Dakota veterans with posttraumatic stress disorder.

This bill would...

• Provide general fund dollars for ND Department of Veterans Affairs for grants to ND Veterans receiving PTSD service dogs
• Grant would cover $12,500 or about 1/2 the cost of a service dog

HOUSE AMENDMENTS AND ACTIONS

• Committee recommended DO NOT PASS 17-0-4 HJ 512
• FAILED HOUSE 6-86 HJ 902

FISCAL NOTE: $50,000 General Funds

Included in HB 1025 NDDVA budget 

North Dakota Department of Veterans Affairs (NDDVA) to Work With Public and Private Entities. 

Pre-approved by Commissioner, ACOVA and NDVLC

A Bill for an Act ot amend and reenact section 37-18-04 of the North Dakota Century Code, relating to duties of the commissioner of veterans' affairs.

This bill would...

• Allow NDDVA to form public-private partnerships to better serve ND Veterans and dependents.

HOUSE AMENDMENTS AND ACTIONS

• Committee recomended DO PASS 13-0-1 HJ 636
• PASSED HOUSE 90-0 HJ 724

SENATE AMENDMENTS AND ACTIONS

• Committee recommended DO PASS 7-0-0 SJ 948
• PASSED SENATE 46-0 SJ 960

FISCAL NOTE: $0

SIGNED BY GOVERNOR 3/26/2019 HJ 1333

• Effective date: 08/01/2019 per ND Consitution, Article IV, Section 13

ACOVA to Establish Investment Goals, Objectives and Asset Allocation of the PWTF

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to amend and reenact section 37-14-14 of the North Dakota Century Code, relating to administrative committee on veterans' affairs' authority to establish policies on investment goals and objectives and assett allocation of the veterans' postwar trust fund.

This bill would...

• Allow the ACOVA to establish the investment goals and objectives and asset allocation of the Post War Trust Fund in the same manner as boards and committees of funds invested by the State Investment Board under NDCC 21-10-02.1

HOUSE AMENDMENTS AND ACTIONS

• Committee recommended DO NOT PASS 12-1-1  HJ 316

FISCAL NOTE: $0

FAILED IN HOUSE 1-91 HJ 346

North Dakota Department of Veterans Affairs (NDDVA) to Accept and Expend Donations

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to create and enact a new subsection to section 57-39.2-04 of the North Dakota Century Code, relating to exempting the sale of commemorative memorial coins from sales tax; to amend and reenact section 37-18-12 and subsection 2 of section 37-18-15 of the North Dakota Century Code, relating to funding authority of the department of veterans' affairs and veteran commemorative coins; to provide a continuing appropriation; and to provide for retroactive application.

This bill would...

• Allow NDDVA to apply for any private donation, gift, grant, or bequest
• Allow NDDVA to accept and receive any private donation, gift, grant or bequest
• Allow NDDVA continuing appropriation to administer and expend any private donation, gift, grant or bequest in accordance with the purpose or condition imposed by the donor
• Amend commemorative memorial coin sale restriction from "A family member of a deceased North Dakota veteran" to "Any person"
• Add sales tax exemption status to sale of commemorative memorial coin sales

HOUSE AMENDMENTS AND ACTIONS

• Committee recommended DO PASS 13-0-1 HJ 636
• PASSED HOUSE 90-0 HJ 725

SENATE AMENDMENTS AND ACTIONS

• Committee recommended DO PASS 7-0-0 SJ 948
• Referred to Senate Appropriations SJ 948
• Senate requested bill be returned from Appropriations SJ 955
• PASSED SENATE 45-0 SJ 994

FISCAL NOTE: NONE

SIGNED BY GOVERNOR 3/28/2019 HJ 1409

• Effective date: 07/01/2019 per ND Constitution, Article IV, Section 13 

DAV Van Funding

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to provide an appropriation to the department of veterans' affairs for the purchase of a transport van.

• Provide $18,800 to the ND Department of Veterans Affairs for the purchase of a DAV Transport van during 2019-2021 biennium.

HOUSE AMENDMENTS AND ACTIONS

• Committee recommended DO NOT PASS 17-0-4 HJ 789
• FAILED HOUSE 1-91 HJ 904

FISCAL NOTE: $18,800 (General Funds)

Committee included $18,800 in NDDVA budget HB 1025

Patriots Day

A BILL for an Act to create and enact a new section to chapter 1-03 of the North Dakota Century Code, relating to annual observance of Patriots' Day.

This bill would...

• Designate the third Monday in April of each year as Patriots Day
• Commemorate the start of the American Revolutionary War
• Commemorate the battles of Lexington and Concord

HOUSE AMENDMENTS AND ACTIONS

• Add Governors Placlamation
• Committee recommends DO PASS 13-0-1 HJ 317
• Referred back to GVA committee for amendments HJ 335
• Committee added Governors Proclamation recommends DO PASS 12-0-2 HJ 400
• PASSED HOUSE as amended 89-2 HJ 467

SENATE AMENDMENTS AND ACTIONS

• Committee recommended DO PASS 7-0-0 SJ 868
• PASSED SENATE 42-0 SJ 880

FISCAL NOTE: NONE

SIGNED BY GOVERNOR 6/20/2019 HJ 1229

• Effective date: 08/01/2019 per ND Consitution, Article IV, Section 13

NSO/VSO Funding

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to provide an appropriation to the department of veterans' affairs for a national service officer grant program.

This bill would...

• Provide ND Deparment of Veterans Affairs $150,000 for VSO grant program
• Provide up to $50,000 for each Veteran Service Organization for National Veteran Service Officer

HOUSE AMENDMENTS AND ACTIONS

• Committee recommended DO NOT PASS 18-0-3 HJ 789

FISCAL NOTE: $150,000 (General Funds)

FAILED HOUSE 2-90 HJ 903

Stand Down Funding

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to provide an appropriation to the department of veterans' affairs for stand down events.

• Provide $10,000 to ND Department of Veterans Affairs for grants to stand down events in ND.

HOUSE AMENDMENTS AND ACTIONS

• Committee recommended DO NOT PASS 19-0-2 HJ 789
• FAILED HOUSE 0-92 HJ 903

FISCAL NOTE: $10,000 (General Funds)

Committee included $5,000 in NDDVA Budget HB 1025

Income Tax Checkoff for Veterans' Services Fund

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to create and enact a new section to chapter 37-14 and a new section to chapter 57-38 of the North Dakota Century Code, relating to the creation of the veterans' services fund and optional income tax contributions to the fund; and to provide a continuing appropriation.

• Create a new fund in the State Treasurey known as the "Veterans Servics' Fund"
• Place a check box on ND State Income tax form for optional contribution to the Veterans' Services Fund
• Appropriate moneys' in the fund to the Adiminstrative Committee on Veterans Affairs (ACOVA)

HOUSE AMENDMENTS AND ACTIONS

• Removed the creation of a new fund
• Deposit funds into the Post War Trust Fund
• Committee recommended DO PASS 11-3-0 HJ 513
• PASSED HOUSE 84-9 HJ 631

SENATE AMENDMENTS AND ACTIONS

• Added effective date: taxes filed after December 31, 2018
• Committee recomended DO PASS 6-0-0 SJ 924
• Referred back to Finance and Taxation  SJ 929
• Changed effective date: ...for taxable years beginning after December 31, 2018.
• Committee recomended DO PASS 6-0-0 SJ 982
• PASSED SENATE 46-0 SJ 1022
• HOUSE CONCURRED to amendment PASSED HOUSE 83-4 HJ 1417

FISCAL NOTE: $0

SIGNED BY GOVERNOR 4/8/2019 HJ 1631

• Effective date: Taxable years after December 31, 2018 per language included in the bill

NDDVA File Access

A BILL for an Act to amend and reenact section 37-18-11 of the North Dakota Century Code, relating to maintenance of records of veterans' and veterans' dependents.

• Add "veteran' eligible dependents" 
• Include file content received from all sources
• Include information received from DOD electronic Discharge  

HOUSE AMENDMENTS AND ACTIONS

• Committee recommends DO PASS 14-0-0 HJ 488
• PASSED HOUSE 90-0 HJ 571

SENATE AMENDMENTS AND ACTIONS

• Committee recommended DO PASS 7-0-0 SJ 1029
• PASSED SENATE 43-0 SJ 1047

SIGNED BY GOVERNOR 3/28/2019 HJ 1409

• Effective date: 08/01/2019 per ND Consitution, Article IV, Section 13

Separating Military Members and Spouse Licensure. Emergency Medical Services

Military Families Top Ten (#1)

A BILL for an Act to create and enact chapter 23-27.1 of the North Dakota Century Code, relating to the emergency medical services personnel licensure interstate compact.

This bill would...

• Create interstate compact for emergency medical services
• Include separating military members and spouses 

HOUSE AMENDMENTS AND ACTIONS

• Committee recomended DO PASS 9-3-2 HJ 554
• PASSED HOUSE 89-3 HJ 633

SENATE AMENDMENTS AND ACTIONS

• Committee recomended DO PASS 6-0-0 SJ 1003
• PASSED SENATE 46-0 SJ 1024

FISCAL NOTE: NONE

SIGNED BY GOVERNOR 3/28/2019 HJ 1409

• Effective date: 08/01/2019 per ND Consitution, Article IV, Section 13

Hyperbaric Oxygenation Treatment Pilot

A BILL for an Act to provide for a Medicaid pilot project for hyperbaric oxygenation treatment; to provide for a report to legislative management; to provide an appropriation; and to declare an emergency.

This bill would...

• Create a Hyperbaric Oxygenation Treatment Pilot for persons on Medicaid with Traumatic Brain Injury
• Provide Appropriations of $335,000 from General Fund

HOUSE AMENDMENTS AND ACTIONS

• Removed pilot project from ND Human Services
• Removed all verbiage of bill
• Added new verbiage creating a Pilot program with ND Department of Health
• Maintained appropriation of $335,000
  • Changed funding from "General Fund" to "Strategic investment and inprovements fund"
• Committee recomended DO PASS 12-1-1 HJ 555
• Referred to House Appropriations HJ 563
• Maintainted appropriation of $335,000
  • Changed funding from "Strategic investment and improvements fund" to "Tobacco prevention and control trust"
• Committee recomended DO PASS as amended 20-0-1
• PASSED HOUSE 91-0 HJ 992
  • Motion to reconsider laid on table HJ 1005

SENATE AMENDMENTS AND ACTIONS

• Changed from a therapy "pilot" to "A study of the efficacy..."
• Removed all language from bill and created new language
  • UND School of Medicine and Health "may" design and implement a study using Hyperbaric for TBI
• Reduced appropriation from $335,000 to $100,000
  • Requires matching funds of $2 for each $1 of appropriated general funds
• Committee recommended DO PASS as amended 6-0-0 SJ 949
• Sent to Appropriations
• Committee recommneded DO PASS 14-0-0 SJ 1094
• PASSED SENATE 47-0 SJ 1110
• HOUSE Refused to Concur HJ 1507
• House Committee Appointed: D. Anderson, Devlin, Schneider HJ 1507
• Senate Committee Appointed: J. Lee, Anderson, K.Roers SJ 1381

CONFERENCE COMMITTEE AMENDMENTS AND ACTIONS

• HOUSE ACEDED HJ 1963
• FAILED TO PASS HJ 1963

FISCAL NOTE: $335,000 (General Funds, Stretegic investment and improvements fund)

FAILED HOUSE 1-91. Included $335,000 in ND Human Services budget for Hyperbaric Oxygen Therapy Pilot Program study in SB 2012

Veteran Scholarship for Aeronautics

A BILL for an Act to create and enact a new section to chapter 37-18 of the North Dakota Century Code, relating to an aeronautics student scholarship for veterans. 

This bill would...

• Provide scholarship for veterans in aeronautics for fees not covered by Federal benefits
• Provide up to $20,000 per veteran
• Require veteran to repay scholarship if veteran...
  • does not gain employment in aerenautics field
  • does not reside in ND for two years after graduation
  • does not graduate with aeronautics degree

HOUSE AMENDMENTS AND ACTIONS

• Committee recomends DO NOT PASS 10-3-1 HJ 455

FISCAL NOTE: NONE

FAILED HOUSE 30-62 HJ 505

Vehicle and Aircraft Excise Tax and Registration Exemption for Disabled Veterans

A BILL for an Act to amend and reenact subdivision j of subsection 2 of section 39-04-18, subsection 3 of section 39-04-19, subsection 1 of section 57-40.3-04, and subsection 1 of section 57-40.5-03 of the North Dakota Century Code, relating to motor vehicle registration fee exemptions, credits for motor vehicle sales and use taxes, motor vehicle excise taxes, and aircraft excise taxes for disabled veterans.

This bill would...

• Reduce disability rating requirement from 100% to 50% for registration fee exemption
• Provide vehicle excise tax exemption equal to disability rating %
• Provide aircraft excise tax exemption equal to disability rating %

HOUSE AMENDMENTS AND ACTIONS

• Committee recommends a DO NOT PASS 12-2-0 HJ 489

FISCAL NOTE: $0

FAILED HOUSE 17-71 HJ 596

Veterans Memorial Highway

A BILL for an Act create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating state highway 22 as the veterans memorial highway; and to provide a continuing appropriation.

This bill would...

• Designate ND Highway 22 as "Veterans Memorial Highway"
• Place signs along highway indicating designation as "Veterans Memorial Highway"
• Allow ND Department of Transportation to accept and expend donated funds 

HOUSE AMENDMENTS AND ACTIONS

• Committee recommends DO PASS 11-0-3 HJ 382
• PASSED HOUSE 92-1 HJ 413

SENATE AMENDMENTS AND ACTIONS

• Committee recommends DO PASS 6-0-0 SJ 823
• PASSED SENATE 45-0 SJ 829

FISCAL NOTE: None

SIGNED BY GOVERNOR 3/12/2019 HJ 1151

• Effective date: 07/01/2019 per ND Constitution, Article IV, Section 13

County Veteran Service Officers Accreditation and Education

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

This bill would...

• Remove requirement for County Veteran Service Officers (CVSO's) to be accredited by the National Association of County Veteran Service Officers (NACVSO)
• Require CVSO's and their employees to maintain a level of educational proficiency established by the ND Department of Veterans Affairs

HOUSE AMENDMENTS AND ACTIONS

• Committee recommended DO NOT PASS 13-0-1 HJ 640

FISCAL NOTE: NONE

FAILED HOUSE 0-91 HJ 726

Veterans and Military Members Criminal Justice Study

A BILL for an Act to provide for a legislative management study of issues relating to criminal defendants who are veterans or who are currently serving in the armed forces.

This bill would...

• Provide for a legislative study during 2019-2021 interim
• Whether additional treatments and sentencing should be considered for veterans with PTSD
• Whether misdemeanors and/or felonies should be consdered for treatments and sentencing
• How this would affect justice system
• Study the point in judicial process behavioral health inquiries should be made
• Research how other states apply these processes
• Research what steps ND should take

HOUSE AMENDMENTS AND ACTIONS

• Added: "and whether the courts could be integrated into other specialty courts existing withing the state"
• Committee recommended DO NOT PASS 10-4-0 HJ 439

FISCAL NOTE: NONE

FAILED HOUSE 39-53 HJ 504