Legislation

Intent of bill.

Remove taxable limit of Disabled Veteran Property Tax Credit.

Intent of bill: Create burial medallion for Traditional (non-veteran) Guard and Reserve, currently no marker or indication of service provided. For use outside the ND State Veterans Cemetery. 

SECTION 1. A new section to chapter 37-18 of the North Dakota Century Code is created and enacted as follows:

Burial medallion program.

1. As used in this section, "medallion" means a small, durable marker attached to an existing headstone or grave marker to indicate a veteran's status.

2. The department of veterans' affairs shall establish and administer a program to provide a medallion for a national guard or national guard reserve member, not buried in the state veterans' cemetery, who does not qualify for another medallion from the state or federal department of veterans affairs.

A BILL for an Act to create and enact a new section to chapter 37-01 of the North Dakota Century Code; relating to the deployment of the North Dakota national guard; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new section to chapter 37-01 of the North Dakota Century Code is created and enacted as follows:

National guard - Active duty combat prohibited - Exception.

1. As used in this section:

a. "Active duty combat" means performing the following services in the active federal military service of the United States:

(1) Participating in an armed conflict;

(2) Performing a hazardous service relating to an armed conflict in a foreign state; or

(3) Performing a duty through an instrumentality of war.

b. "Official declaration of war" means an official declaration of war made by the Congress of the United States pursuant to clause 11 of section 8 of article I of the Constitution of the United  states.

2. The North Dakota national guard may not be released from the state into active duty combat unless the Congress of the United States has passed an official declaration of war or has taken an official action pursuant to clause 15 of section 8 of article I of the Constitution of the United States to explicitly call forth the North Dakota national guard and any members for the enumerated purposes to expressly execute the laws of the union, repel an invasion, or suppress an insurrection.

3. The governor shall take all actions necessary to comply with this section. This section does not limit the governor from consenting to the deployment of the North Dakota national guard under title 32 of the United States Code, for defense support for civil authority missions within the United States and United States territories.

SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.

Military top 10

A BILL for an Act to create and enact a new subsection to section 50-25.1-05 of the North Dakota Century Code, relating to a determination by the department of health and human services of an individual's military status in child abuse and neglect allegations.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new subsection to section 50-25.1-05 of the North Dakota Century Code is created and enacted as follows:

The department shall determine the military status of an individual, within a reasonable amount of time, if the individual's child is the subject of an abuse or neglect allegation. If the department determines an allegation of abuse or neglect involves a military affiliated individual, the department shall notify the nearest military installation's family advocacy program of the allegation and investigation.

A BILL for an Act to amend and reenact subsection 3 of section 39-08-01.5 of the North Dakota Century Code, relating to the partial suspension of sentence for drug court program, mental health court program, or veterans treatment docket completion.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Subsection 3 of section 39-08-01.5 of the North Dakota Century Code is amended and reenacted as follows:

3.            If a defendant convicted of a misdemeanor under section 39-08-01 is sentenced to drug court, mental health court, or veterans treatment docket and successfully completes a drug court program, mental health court, or veterans treatment docket, the court shall dismiss the case and seal the file in accordance with section 12.1-32-07.2. The court also shall issue an order to the department to remove the conviction and suspension from the driving record of the defendant.

A BILL for an Act to amend and reenact subdivision b of subsection 4 of section 15.1-27-04.1, subsection 26 of section 57-02-08, sections 57-02-08.3, 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, the primary residence credit, and removal of the homestead and disabled veterans' credit; to repeal sections 57-02-08.1, 57-02-08.2, and 57-02-08.8 of the North Dakota Century Code, relating to the homestead credit and disabled veterans' credit; to provide an effective date; and to declare an emergency.

Third Friday in September POW MIA 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 the designation of Prisoner of War and Missing in Action Day as a state holiday.

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 CPL Raymond Porter Korea bridge; and to provide a continuing appropriation.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

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

CPL Raymond Porter Korea bridge - State highway - Continuing appropriation.

The department shall designate the bridge on state highway 6 between the junction of county road one thirty - seven and the junction of fifty - third street as the CPL Raymond Porter Korea bridge and shall place signs along the avenue 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 CPL Raymond Porter Korea bridge.

A BILL for an Act to amend and reenact section 53-06.1-12 of the North Dakota Century Code, relating to allocation of veteran service organization gaming taxes.

NDCC 53-06.1-12 (5) The attorney general shall deposit fifty percent of gaming taxes, monetary fines, and interest and penalties collected from a veteran organization equally among the veterans' postwar trust fund and the department of veterans affairs fund 410 for use for homeless veterans' services to prevent and eliminate homelessness.

A BILL for an Act to authorize the department of health and human services to transfer real property to the office of the adjutant general to construct a new training and storage facility; and to declare an emergency.

Intent of bill:

A concurrent resolution urging the 119th Congress 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.

A concurrent resolution urging Congress to recognize United States troops who served in Honduras from 1981 to 1992.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF NORTH DAKOTA, THE HOUSE CONCURRING THEREIN: That the Sixty-ninth Legislative Assembly urges Congress to issue an Armed Forces Expeditionary Medal, or similar recognition of having served in an area of hostility, to all United States troops who served in Honduras from 1981 to 1992; and 

BE IT FURTHER RESOLVED, that the Secretary of State forward copies of this resolution to the Majority and Minority Leaders of the United States Senate, the Majority and Minority Leaders of the United States House of Representatives, and to each member of the North Dakota Congressional Delegation

A concurrent resolution urging Congress to provide veterans with medical coverage for hyperbaric oxygenation therapy. 

WHEREAS, the Centers for Disease Control and Prevention estimates between 1.6 million to 3.8 million concussions occur each year; and 

WHEREAS, efforts must be made to reduce the risk and health care costs for the country, veterans, and others with brain injuries; and 

WHEREAS, veterans injured in the line of duty deserve the best treatment our nation can offer; and 

WHEREAS, veterans suffering with traumatic brain injuries or posttraumatic stress disorder are prescribed symptom-reducing drugs; and 

WHEREAS, in essence, veterans are warehoused and discharged, dependent on costly antidepressants and other antipsychotic medicines that promote dangerous dependencies and may result in lethal interactions; and 

WHEREAS, traumatic brain injury is one of the leading causes of morbidity and mortality in the United States, accounting for approximately 2 million emergency room visits, between 230,000 and 500,000 hospital admissions, and 52,000 deaths annually in the United States; and 

WHEREAS, hyperbaric oxygen therapy is a medical treatment that enhances the body's natural healing process by inhalation of one hundred percent oxygen in a total body chamber, where atmospheric pressure is increased and controlled, and which is used for a wide variety of treatments as a part of an overall medical care plan; and 

WHEREAS, hyperbaric oxygen therapy and improving diagnostics have emerged as a promising and effective treatment in healing injured brains and subsequently reducing, and in some cases completely alleviating, the symptoms associated with the traumatic brain injury;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF NORTH DAKOTA, THE SENATE CONCURRING THEREIN: 

     That the Sixty-ninth Legislative Assembly urges Congress to provide veterans with medical coverage for hyperbaric oxygenation therapy; and 

BE IT FURTHER RESOLVED, that the Secretary of State forward copies of this resolution to each member of Congress.

Intent of bill

Base Budget for ND State Veterans Home (NDSVH)

Optional requests:

• NDSVH requests increased costs for contract nursing and overtime: $475,000 (Special Funds). 
  • Governor recommended approval of $475,000
• NDSVH requests facility repairs funding approval of special funds (Carpet replaced and painting): $415,000 (Special Funds)
  • Governor Burgum recommended approval of $415,000
• NDSVH requests one-time special fund approval for resident garage and storage unit construction: $175,000 (Special Funds)
  • Governor Burgum recommended approval of $175,000
• NDSVH requests one-time special fund approval of $102,000 and $124,550 continuing for equipment purchases: $226,550 (Special Funds)
  • Governor Burgum recommended approval of $226,550
• Restore $829,213 FTE funding pool removed from 2023-2025 budget: $229,015 (General Funds) and $663,198 (Special Funds)
  • Governor Burgum recommended approval of $829,213

Intent of Legislative Bill:

ND Department of Veterans Affairs Budget plus Optional requests

NDDVA Optional Requests: $608,481.91

1. NDDVA requests funds for Base Budget for Increased operational costs: $143,092. 
   1. Governor Burgum recommended: $134,000
2. NDDVA requests funds for Staff Salary Equity: $243,767.91
   1. Governor Burgum recommended: $0
3. NDDVA requests funds for Veterans Benefits Specialist (1 FTE lost in 2017 RIF): $167,422
   1. Governor Burgum recommended: $0
4. NDDVA requests funds for PTSD Service Dogs: $50,000
   1. Governor Burgum recommended: $50,000
5. NDDVA requests funds for increased cost of DAV Vans: $4,200
   1. Governor Burgum recommended: $4,200

A BILL for an Act to create and enact a new section to chapter 65-04 of the North Dakota Century Code, relating to eligibility for a one-time premium credit for North Dakota national guard, armed forces, and veterans; to amend and reenact section 65-04-32 of the North Dakota Century Code, relating to decisions issued by electronic means; and to provide for application.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new section to chapter 65-04 of the North Dakota Century Code is created and enacted as follows:

Premium credit.

1. An active member of the North Dakota national guard or the armed forces as defined  under section 37 - 01 - 01 or a veteran as defined under section 37 - 01 - 40 is eligible for a one-time premium credit of up to two hundred fifty dollars. The premium credit is available to a new account with the organization having active member or veteran ownership of fifty percent or more.

2. The organization may implement rules for the administration of this section.

A BILL for an Act to create and enact chapter 43-17.5 of the North Dakota Century Code, relating to the physician assistant licensure compact.

Portion of bill...

State licensing boards that participate in this compact retain the jurisdiction to impose adverse action against a compact privilege in that state issued to a physician assistant through the procedures of this compact. The physician assistant licensure compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a compact privilege based on having an unrestricted license in good standing from a participating state.

Intent of bill:

A BILL for an Act to create and enact chapter 43-40.1 of the North Dakota Century Code, relating to the occupational therapy licensure compact.

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 the armed forces reserve component scholarship program.

Intent:

Provide scholarship for ND Army, Airforce, Marines, Navy, Coast Guard, and Space Force Reserve components not eligible for ND National Guard tuition waiver or tuition grant.

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.