Legislation

Korean War Dates Corrected

Origination: ACOVA

Corrects NDCC dates of Korean War to match Federal VA dates (for use in applying for North Dakota Honorary High School diploma).

Property Tax Exemption

Removed the 50% or greater. So any % would get that % of tax exemption on first $120,000 of property value.

Assistance Relief Application Appeal

Appeals to ACOVA subcommittee of Loan and Grant program would be closed to public, upon the request of the applicant, to protect the medical and financial information of the applicant.

National Guard Group Life Insurance

Origination: Rep. DeKrey

Pay for first $250,000 of National Guard Members group life insurance premiums. Changed to an interim study of the benefits of ND and other state guard members.

Administrative Committee on Veterans Affairs (ACOVA) Membership and Compensation

Origination: Rep. Grande, Sen. Dever

A BILL for an Act to amend and reenact sections 37-18.1-01, 37-18.1-02, and 37-18.1-03 of the North Dakota Century Code, relating to the administrative committee on veterans' affairs; and to repeal section 37-18.1-04 of the North Dakota Century Code, relating to compensation for the administrative committee on veterans' affairs. 

This bill would...

• Reduce ACOVA from 15 to 3 voting members and 3 non-voting ex-officio members
  • Three voting members:
    • Director of Department of Human Services
    • Secretary of State
      • Secretary of the Committee
    • State Treasurer
      • Chairman of the Committee
  • Three Ex-officio non-voting members
    • Veterans Administration director
    • Job Service Director
    • ND National Guard Adjutant General
  • **NOTE: No veterans on ACOVA
• Commissioner appointed by Governor
• Commissioner may appoint an advisory committee for recommendations

HOUSE AMENDMENTS AND ACTIONS

• Removed language of original bill
• Governance of Veterans Home changes;
  • Removes ACOVA from general supervision and government
  • Places Veterans Home Governing Board as general supervision and goverment
  • 7 member Governing Board
    • Appointed by Governor
    • 5 members must meet qualification as a veteran under NDCC 37-01-40
    • Members to receive compensation of $135 per day
  • Veterans Home Administrator appointed and serves at the pleasure of the Governor
• Governance of Department of Veterans Affairs
  • Governor Appoints Commissioner
    • Commissioner must meet qualification as a Veteran under NDCC 37-01-40
    • Works at the pleasure of the Governor
  • ACOVA
    • Removes current language of ACOVA
    • Creates 9 voting member board appointed by Governor ​
      • One member from each of the following organizations
        • American Legions
        • AMVETS
        • Disbled American Veterans
        • Veterans of Foreign Wars
        • Vietnam Veterans of America
      • Four members nominated from any organization or citizen
        • Each must qualify as a veteran under NDCC 37-01-40
    • Governor Appoints Chairman of the ACOVA
    • Ex-Officia members of ACOVA
      • ​Adjutant General
      • Director of Human Services
• Executive Director of Job Service ND
• Removes Powers and Duties of ACOVA and replaces with
  • Committee shall present matters needing attention and action to the apporopriate board, commission, agency or department of state
  • Committee shall create a strategice plan for delivery of services by the Committee
    • Annually report status of strategic plan to Governor
      • Add compensation of $135 per day and expenses
• Committee recommended DO NOT PASS 8-5-0 HJ 700

FISCAL NOTE: $46,000

FAILED HOUSE 24-69 HJ 789

Wounded Warrior Project Deer Licenses

Issue four any deer licenses annually to the wounded warrior project for distribution. A license issued under this subsection is valid from the opening of the youth deer season through the close of the deer season.

County Veterans Service Officers (CVSO)

Origination: House Government & Veterans Affairs Committee

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

This bill would...

• Remove the August 1, 2011 deadline for CVSO accreditation with the National Association of County Veteran Service Officers (NACVSO)
• Require new CVSO's to attend the NACVSO accreditation training at county expense
• Change CVSO "Duty" to "Shall" cooperate with and coordinate state and federal VA programs

HOUSE AMENDMENTS AND ACTIONS

• Commissioner of Veterans Affairs to recommend standards and qualifications, training, certification and accreditations set by NDDVA Commisisoner for qualification as a CVSO
• Change from "accreditation" with NACVSO to "training" with NACVSO 
• Committee recommended DO PASS as amended 12-0-1 HJ 705
• PASSED HOUSE 92-1 HJ 798

SENATE AMENDMENTS AND ACTIONS

• Committee recommended DO NOT PASS 7-0-0 SJ 1079
• FAILED SENATE 1-46 SJ 1087

FISCAL NOTE: NONE

Appropriation for Transfer to Veterans' Postwar Trust Fund

Origination of bill: Commissioner, ACOVA, NDVCC

• Appropriated $210,000 to the Department of Veterans Affairs to be used in lieu of income generated from the veterans' postwar trust fund for programs authorized by law to benefit and serve veterans or their dependents.
• Appropriated $50,000 to the Department of Veterans Affairs for purchasing vans for the transport of veterans or their dependents. General fund dollars.
• Begins July 1, 2011 - June 30, 2013

Honor Guard Leave for State Employees

Origination: DOT, Sen. Lyson

Provides 24 hours of paid leave time for classified government employees to participate in honor guard for funerals.

Medical Expenses ND National Guard

Origination: Adjutant General

The North Dakota National Guard is authorized to pay medical expenses for National Guard members who are called to state active duty when the member sustains an injury or illness that is found to have occurred within the line of duty and is not covered by workforce safety and insurance and when such treatment occurred while on state active duty. Payments shall be made only for costs not covered by other health insurance. Coverage of qualifying medical expenses is subject to rules set forth by the office of the adjutant general and subject to available funds.

National Guard Can Recall Former Members

Origination: Adjutant General

Authorize the adjutant general to recall to state active duty, on a volunteer basis, former members of the North Dakota National Guard. Those recalled must possess the qualifications required by the disaster or emergency. Recall under this subsection is effective only for the duration of the disaster or emergency and recalled personnel will be released from state active duty upon competent authority that the requirement of their service under this subsection has passed. Compensation for personnel recalled under this subsection will be based upon section 37-07-05.

Definition of Veteran and Civil Service Codes

Origination: Adjutant General

• Changes Court martial code editions. Replaces Soldiers and Sailors civil relief act with Service member's civil relief act.
• Change definition of veteran: "Veteran" means a member of the national guard or reserve component who was activated under 10 U.S.C. 12301, as effective through October 2004, and 10 U.S.C. 12302, as effective through 2004, and who completed honorable and faithful service of more than thirty days on active duty in the armed forces of the United States at any time during the period of service, or active component member awarded the expeditionary medal or campaign badge for service after December 5, 1992, who was a resident of the state of North Dakota, and who has not received bonus or adjusted compensation from another state for the period of service.

Military Service Members Remains Designee

Origination: Adjutant General

If the decedent died while serving in any branch of the United States armed forces, the United States reserve forces, or the National Guard, as provided by 10 U.S.C. 1481 section (a)(1) through (8) as effective through December 2001, and completed a United States department of defense record of emergency data, DD form 93, or its successor form or its equivalent branch's form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves on the person authorized by the decedent pursuant to that form.

Military Oversees Voters

Origination: Commission on Uniform State Laws

Provides for military oversees voters to vote absentee ballots.

ND 211 Services

211-1 would provide services for Veterans and families to get connected to health and human services for mental health.

TBI Services

There is appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of $110,000, or so much of the sum as may be necessary, to the department of human services for the purpose of providing traumatic brain injury case management services in eastern North Dakota, for the biennium beginning July 1, 2011, and ending June 30, 2013.

Veterans Preference (coaches - assistants)

Changes assistant to assistants and adds athletic team coaches as exempt to veteran preference laws in higher education.

SECTION 1. AMENDMENT. Subsection 5 of section 37-19.1-02 of the North Dakota Century Code is amended and reenacted as follows:

5. This section does not apply when the position to be filled is that of a superintendent of schools, teacher, or the chief deputy or private secretary of an elected or appointed official,; the chancellor and vice chancellors of the board of higher education,; and presidents or executive deans, vice presidents, assistant assistants to the president, provosts, and instructors, and athletic team coaches of board institutions. Temporary committees and individual or group appointments made by the governor or legislative assembly are also excepted from the provisions of this section.

Veterans' Preference

Origination: NDDVA

Updates the Veterans Preference Laws. Combines the NDCC and the NDAC and separates the Competitive Personnel System and the Non-Competitive Personnel System to make it easier for employers and veterans to understand. Clarifies the appeals process.

Property Tax Credit for Deployed Guard

Provides a 40% tax credit for guard members if deployed.

Study Services to Aging Population and Veterans

Study state human services and guardianships for aging population including veterans.