Legislation

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

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

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

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

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

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

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

Renter Credit for Disabled Veteran

A BILL for an Act to amend and reenact section 57-02-08.8 of the North Dakota Century Code, relating to a renter credit for a disabled veteran who would qualify for the property tax credit for disabled veterans except for the fact that the disabled veteran rents living quarters; and to provide an effective date.

• Veterans with disability rating of 50% or more who are eligible for property tax credit but rent would receive a renters credit
• Fiscal note: $2,020,000

Create Patriotic Number License Plates, DAV Plate Changes

Pre-approved by Commissioner, ACOVA, and NDVCC

A BILL for an Act to create and enact a new section to chapter 39‑04 of the North Dakota Century Code, relating to patriotic number plates; and to amend and reenact subdivision j of subsection 2 of section 39‑04‑18 of the North Dakota Century Code, relating to disabled veteran motor vehicle registration.

• Create three (3) patriotic license plates available to general public
  • American Flag
  • Bald Eagle
  • Boony Stomper
  • Additional plates as approved by NDDVA
• Funds from plates would go to Veterans Post War Trust Fund (PWTF) Principal
• DAV Plates
  • Allow surviving spouse to retain one set of plates
  • Allow eligible veteran the option of other veteran plates and retain registration exemption
• Fiscal Note: $488,532

House Amendments and Actions:

• Changed initial fee from $20 to $25
• Changed amount to Highway tax fund from $10 to $20
• Changed amount to PWTF from $10 to $5
• Removed requirement to report funds collected to legislative assemblies
• Removed additional plates as approved by NDDVA
• Removed veterans choice of plates from the DAV plate and replaced with a standard plate
• Added surviving spouse to retain one plate

Senate Transportation Amendments:

• Changed wording of the Logos to be used
• Changed effective date from January 1, 2016 to July 1, 2016

Senate Appropriations Amendments:

• Changed entire bill to requirements of "Organizational plates requiring...
  • 50 pre-paid applicants for each plate
  • $1,500 fee for each plate

House refused to concur: Conference committee assigned: Representatives Meier, Ruby, Delmore and Senators Rust, Oehlke, and Axness

Conference Committee Amendments:

• Senate receded from it's amendments 
• Initial fee to be $25 with $20 going to Highway tax distribution fund and $5 to the PWTF
• Annual fee of $25 with $10 going to the Highway tax distribution fund and $15 to the PWTF
• 100% disabled veteran can chose DAV plate or Standard Plate
• 100% dasabled veterans un-remarried surviving spouse to retain one plate
• Boonie Stomper plate to be issued August 1, 2016
• Flag and Bald Eagle plates to be issued July 1, 2017

Appropriation for Vehicles for Transportation-Related Services for Veterans

Bill pre-approved by Commissioner

A BILL for an Act to provide an appropriation to the department of veterans' affairs; and to declare an emergency.

• Allow ND DVA to accept and expend federal grant dollars for rural veterans transportation program

Grants to Identify and Provide Services to Veterans Exposed to Agent Orange

Bill origination: Representative Trottier, Wayne

Pre-approved by Commissioner, ACOVA, and NDVCC

A BILL for an Act to provide an appropriation for the identification of and provision of services to veterans exposed to agent orange.

• Provide $100,000 grant fund to the ND chapter of the Vietnam Veterans of America for purposes of reaching out to Vietnam Veterans to educate them on Agent Orange.

House Amendment:

• Changed from $100,000 to $50,000

Senate Amendment:

• Added additional $25,000 from environmental and rangeland protection fund

House refused to concur: sent to conference committee: Representatives Rohr, Seibel, and Amerman, Senators Dever, Poolman, and Marcellais.

• Senate receded its amendments
• Final bill to show $50,000

Veteran Scholarship Grants and Scholarship Program

A BILL for an Act to create and enact a new chapter to title 15 of the North Dakota Century Code, relating to the creation of a veteran scholarship program; and to provide an appropriation.

• Provide up to a $1,500 scholarship grants per semester to qualified ND Veterans

Armed Services' Member Room in County Buildings

A BILL for an Act to amend and reenact section 11-11-50 of the North Dakota Century Code, relating to an armed services' room in courthouses.

• NDCC 11-11-50 currently requires certain counties to provide a room in county courthouse for veterans of war. 
• This bill would:
  • Allow that rooms to be located in a county office building
  • Change rooms from exclusively for war veterans to priority preference of use by war veterans
• Fiscal Note: None

House actions

• Removed requirement of "war time"

Senate actions

• Changed from "Rooms" to "an adequate Room"

House Concurred with Senate amendment

Repeal of Tobacco Tax Exemption

A BILL for an Act to amend and reenact subsection 10 of section 57-36-01, sections 57-36-25 and 57-36-28, and sections 57‑36‑31 and 57‑36‑32 of the North Dakota Century Code, relating to the excise taxes on tobacco products and the cigarette tax; to repeal section 57‑36‑24 of the North Dakota Century Code, relating to the exemption from the tobacco tax for products given to the veterans' home and the state hospital; and to provide a continuing appropriation.

• Repeals NDCC 57-36-24
  • 57-36-24. Exemptions: All gift cigarettes, snuff, cigars, and other tobacco products, not for resale, which are given to the North Dakota veterans' home or the North Dakota state hospital for distribution to the occupants thereof, are exempt from the excise taxes levied under this chapter.
• Fiscal note:
  • Adds tax revenue to:
    • Cities: $18.1 Million
    • Counties $31.3 Million
    • State General Fund: $13.8 Million
    • Community Health Trust Fund: $75.4 Million

Transportation Services for Veterans

A Bill for an Act to amend and reenact section 39-04.2-04 of the North Dakota Century Code, relating to conditions for public transportation funding.

• Bill would allow disabled veterans to utilize public transportation services without any charge.
  • If public transportation provider receives funds from the public transportation fund.

House: 

• Discussed amendment to remove "disabled".
• Removed all sections of the bill and replaced with a "Study".

A BILL for an Act to provide for a legislative management study regarding the provision of transportation services to veterans and the impact on transportation service providers.

Senate:

• Removed study
• returned to original bill before house amendments

House refused to concur

Conference committee assigned

• Senate receded amendments

Passed House and Senate as a study

Adjutant General (National Guard Budget) Appropriations

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

Appropriations

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

Tax Exemption: Military retirement Pay.

Pre-Approved by ACOVA and NDVCC

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 pay; and to provide an effective date.

• Military retirement pay exempt from ND income tax
• Military retirement payments to surviving spouse exempt from ND income tax

National Guard: State Employee Retirement Plans and Contributions

A BILL for an Act to amend and reenact sections 54‑52‑06.2, 54‑52‑06.4, and 54‑52‑06.5, and subsection 3 of section 54‑52‑17 of the North Dakota Century Code, relating to state employee retirement plans and retirement contributions by national guard security officers and firefighters.

Property Tax Credit for Disabled Veterans

A BILL for an Act to amend and reenact section 57‑02‑08.8 of the North Dakota Century Code, relating to the property tax credit for disabled veterans and extension of the disabled veterans' property tax credit to the disabled veteran's surviving spouse; and to provide an effective date.

• Changes to Property Tax exemption for Disabled Veterans to include credit for value of land:
  • Removes the wording: of the fixtures, buildings, and improvements
  • Changes from exemption to credit

Senate Amendment:

• Changes to Property Tax exemption for surviving spouse of disabled veteran:
  • Allows a remarried spouse to regain eligibility if subsequent marriage ends

House Amendment:

• Removed exemption for re-married spouse.

Senate refused to concur to House Amendment. Conference committee assigned: Senators Bekkedahl, Oehlke, Triplett and Representatives Froseth, Klein, and Mitskog

• Senate Accede's House amendment
  • Exemption for re-married spouse remains removed from the bill