Legislation

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.

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.