Legislation

Relating to adoption of the counseling compact.

NDCC 43-47.1-01

• •  
• Allow use of Telehealth
• Support spouse of relocating military
• Licensing if other states-collaboration
• Other improvements to provide additional mental health care options.

HOUSE AMENDMENT:

• Page 1 Section 1 (2) (c) added "or licensed psychologist" to NDCC 43-47-06 (2)

A BILL for an Act to amend and reenact sections 54-52.4-02, 54-52.4-04, and 54-52.4-05 of the North Dakota Century Code, relating to ND state and political subdivision employee family medical leave.

54-52.4-02. Family leave. 1. An employer shall grant an employee's request for a family leave of absence for any of the following reasons

f. To care for the employee's child, regardless of age, spouse, or parent who is a covered service member or veteran with a serious health condition.

3. Notwithstanding the twelve-workweek limitation under subsections 2 and 4, leave under subdivision f of subsection 1 is limited to twenty - six workweeks of leave in any twelve-month period and is limited to once per service member or veteran per serious injury or illness.

HOUSE AMENDMENTS

Intent of Bill:

1. Allow current active and past ND National Guard and Reserve members to utilize the NDDVA Loan Program
2. NDCC 37-14-01.1
3. No fiscal note

Relating to veterans' relief and rehabilitation.

A BILL for an Act to create and enact chapter 43-32.1 of the North Dakota Century Code, relating to adoption of the psychology interjurisdictional compact.

HOUSE AMENDMENTS

• Added: "predoctoral Supervised psychological internship" and "The board may adopt rules and standards to establish a predoctoral supervised psychological internship program." to NDCC 43-32

A BILL for an Act to provide an appropriation to the department of commerce for the base retention grant program.

Relating to an income tax deduction for military pay; and to provide an effective date.

Exempt from ND State Income Tax

• All Federal "military pay" as member of armed forces for...
  • Federal active duty and
  • National Guard and Reserve pay to include training, education, mobilization, and bonuses.
• All State pay when called to support an emergency on State Active Duty (SAD).

Effective for taxable years beginning after December 31, 2022.

A BILL for an Act to amend and reenact section 20.1-05.1-02 of the North Dakota Century Code, relating to discretionary special allocation hunting licenses

. $71,000,000 to the adjutant general, including:

(1) $26,000,000 for a Williston armory project;

(2) $20,000,000 for a military museum project;

(3) $10,000,000 for a Dickinson readiness center project;

(4) $9,000,000 for a Camp Grafton fitness facility project; and

(5) $6,000,000 for a Camp Grafton training center billets project.

SENATE ACTION:

• Moved requested funding items to Adjutant General Budget bill SB 2016
• SB 2307 no longer needed.

Relating to electronic pull tab payout limitations and the use of charitable gaming gross proceeds.

AN ACT to create and enact a new section to chapter 27-20.4 and a new section to chapter 61-01 of the North Dakota Century Code, relating to records and cooperative agreements to provide services to juveniles adjudicated in tribal court and the water projects stabilization fund; to amend and reenact subsection 1 of section 21-10-06 and section 27-20.2-21 of the North Dakota Century Code and section 3 of chapter 20 of the 2021 Session Laws, relating to funds invested by the state investment board, the inspection of juvenile court files, and the appropriation of additional amounts to the state water commission; to provide appropriations to various state agencies; to provide for a transfer; to provide for a report; to provide a limitation; to provide a statement of legislative intent; to provide an exemption; to provide an effective date; and to provide an expiration date.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. APPROPRIATION - TRANSFER - FEDERAL STATE FISCAL RECOVERY FUND - ONE-TIME FUNDING - REPORT - EXEMPTION.

17. There is appropriated from federal funds derived from the state fiscal recovery fund, not otherwise appropriated, the sum of $2,104,121, or so much of the sum as may be necessary, to the university of North Dakota school of medicine and health sciences for the purpose of purchasing equipment and hiring personnel to provide hyperbaric oxygen therapy for the period beginning with the effective date of this Act and ending June 30, 2023.

24. There is appropriated from federal funds derived from the state fiscal recovery fund, not otherwise appropriated, the sum of $450,000, or so much of the sum as may be necessary, to the adjutant general for the purpose of replacing the state active-duty software for the period beginning with the effective date of this Act and ending June 30, 2023.

31. There is appropriated from federal funds derived from the state fiscal recovery fund, not otherwise appropriated, the sum of $2,000,000, or so much of the sum as may be necessary, to the adjutant general for the purpose of enhancing housing at camp Grafton for the period beginning with the effective date of this Act and ending June 30, 2023.

32. There is appropriated from federal funds derived from the state fiscal recovery fund, not otherwise appropriated, the sum of $500,000, or so much of the sum as may be necessary, to the department of veterans' affairs for the purpose of providing a grant to assist in the construction of the Fisher house at the Fargo veterans' affairs medical center for the period beginning with the effective date of this Act, and ending June 30, 2023.

33. There is appropriated from federal funds derived from the state fiscal recovery fund, not otherwise appropriated, the sum of $147,000 or so much of the sum as may be necessary to the department of veterans' affairs for the purpose of improving and expanding veterans' medical transportation for the period beginning with the effective date of this Act and ending June 30, 2023.

PASS Funding. Guardianship Grants

A BILL for an Act to provide an appropriation for defraying the expenses of the various divisions under the supervision of the director of the office of management and budget; and to provide an exemption.

Final Outcome of Bill:

• Added $500,000 in funding for total of $2,450,000

Original Intent of Bill...

• Increase the funding for Guardianship Grants from $1,950,000 to $2,500,000 (additional $550,000)
• Provide funding to serve the estimated need for 350 of ND most vulnerable citizens to include veterans.

HOUSE AMENDMENTS & ACTIONS

• Added $100,000 to Guardianship Grants for total: $2,050,000
• Committee recommended DO PASS 18-0 HJ 971
• PASSED House 80-11 HJ 1017

SENATE AMENDMENTS & ACTIONS

• Added $400,000 to Guardianship Grants for total: $2,450,000
• Committee recommended DO PASS 14-0-0 SJ 1589
• PASSED Senate 43-4 SJ 1611

Fiscal Note: See appropriations bill. Additional $550,000

APPROPRIATIONS. ND National Guard. Office of the Adjutant General

A BILL for an Act to provide an appropriation for defraying the expenses of the office of the adjutant general; and to provide an exemption. 

Result of bill:

• Camp Grafton Expansion $1,750,000 (up to 6 thousand acres)
• Fraine Barracks automation system $320,000
• ND Veterans Cemetery Spouse Burial Costs funding
• Statewide maintenance projects$1,200,000
• Dickinson readiness center project $15,500,000
• Bridge training site $6,000,000
• ND Military Museum-Fundraising Authority of $10 Million

Original Intent of Bill (optional package) ...

Provide key programs/projects...

• Camp Grafton Expansion
• ND Veterans Cemetery Spouse and Dependent Burial Costs
• NDNG Upgrade Bade and HVAC System
• Fund Statewide Maintenance Projects
• Department of Emergency Services (DES) Operations (Replace expired emergency supplies)
• Air/Army Operations & Maintenance (Reduction)
• ND Veterans Cemetery (Reduction)
• Fargo Readiness Center Start Up and Utilities
• Dickinson Readiness Center-Authority
• Line of Communication Bridge Training Site-Authority
• ND Military Museum-Fundraising Authority

HOUSE AMENDMENTS & ACTIONS

• Cut $2.6M from Camp Grafton South Expansion
• Cut $1Million with $1.9Million of Federal Funds for deferred maintenance of State funded facilities
• Cut 2 FTE's (Dispatchers) from State Radio. Vacant positions
• Committee recommended DO PASS 18-0-3 HJ 868
• PASSED House 86-6 HJ 1006
• House refused to concur with Senate Amendments HJ 1715
• Conference Committee appointed: Brandenburg Kempenich Mock HJ 1715

SENATE AMENDMENTS & ACTIONS

• Added back $1.75M for Camp Grafton South Expansion
• Added back $1Million for deferred maintenance of State funded facilities
• Added back two FTE's (Dispatchers) to State Radio. Will be funded with Special Funds
• Committee recommended DO PASS 14-0-0 SJ 1390
• PASSED Senate 45-2  SJ 1403
• House refused to concur Conference committee appointed: Krebsbach Rust Hogue SJ 1507

EDUCATION: Resident Student Tuition Rate Armed Forces, Veterans and Dependents

Pre-approved by Commissioner, ACOVA, NDVLC, NDNG and TF M.I.N.D.

A BILL for an Act to amend and reenact section 15-10-19.1 of the North Dakota Century Code, relating to the definition of a resident student for tuition purposes.

Final Outcome of Bill ...

• Add as resident student for tuition purposes...
  • Member, spouse and dependents of National Guard and Reserve in any state
  • Member, spouse and dependents of active duty armed forces in any state
  • Dependent of veteran regardless of GI Bill eligibility
  • Address key issues identified by Department of Defense. Defense State Liaison Office's Military Families Top 10 Key Issues

Original Intent of Bill ...

• Add as resident student for tuition purposes...
  • Member, spouse and dependents of National Guard and Reserve in any state
  • Member, spouse and dependents of active-duty armed forces in any state
  • Dependent of veteran regardless of GI Bill eligibility
  • Address key issues identified by Department of Defense. Defense State Liaison Office's Military Families Top 10 Key Issues

HOUSE AMENDMENTS & ACTIONS

• Committee recommended DO PASS 12-1-1 HJ239
• PASSED House 84-6 HJ251
• Signed by House Speaker 4/8/2021 HJ 1545

SENATE AMENDMENTS & ACTIONS

• 1/18/2021: Senate received from House SJ213
• Committee recommended DO PASS 6-0-0 SJ 896
• Referred to appropriations SJ 907
• Committee recommended DO PASS 14-0-0 SJ 1085
• PASSED Senate 45-2 SJ 1100
• Signed by Senate President 4/5/2021 SJ 1164

Signed by Governor 4/12/2021 HJ 1633

Fiscal Note: $-512,744 (reduction in tuition)

APPRECIATION. Hunting. Deer for ND Disabled Veterans

A BILL for an Act to create and enact a new section to chapter 20.1-03 and a new subsection to section 20.1-03-12 of the North Dakota Century Code, relating to deer hunting licenses for disabled veterans.

This bill would...

Allow a 100% disabled ND resident Veteran deer hunter to

• Begin deer hunting earlier along with youth hunting season
• Continue hunting during regular deer hunting season
• Be guaranteed one deer hunting tag and not apply for a deer license through any lottery
• Purchase deer license for $30

HOUSE AMENDMENTS & ACTIONS

• Amendments:
  • Changed to "White-Tailed" deer
  • Added: Depending on availability
  • Added: "five days preceding" the youth deer season and "during deer gun season"
  • Added: "100" license available each year
  • Added: ..."or public land" 
  • Added: "The director shall identify the five deer hunting units with the lowest selection rates for deer hunting licenses. Disabled veteran white - tailed deer licenses may not be used in those five units.
  • Changed: ...disabled veteran white - tailed deer license may not apply for or receive a license in the "deer gun" lottery "for the same season".
• Committee recommended DO PASS 12-0-2 HJ 414
• PASSED HOUSE 91-0-3 HJ 520

SENATE AMENDMENTS & ACTIONS

• 2/9/2021: Received in Senate SJ 436
• Committee recommended DO NOT PASS 6-0-0 SJ 856

Fiscal Note: None

FAILED Senate 8-39 SJ 856

EDUCATION: Tuition Waiver Certain Dependents of Veterans

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to amend and reenact section 15-10-18.2 of the North Dakota Century Code, relating to the definition of a dependent to determine the eligibility of certain dependents of veterans to receive free tuition in institutions of higher education in the state.

Final Result of Bill...

Made consistent the definitions of Veteran and Dependent under NDCC 15-10-18.2 to allow...

• Spouse, widow, or widower be added to each subsection of the definition of a dependent
• Change years for a veteran to become resident from ten (10) years to five (5) years to match the requirement of a surviving spouse 
• Added definition of "Stepchild's other parent".

Original Intent of Bill...

Make consistent the definitions of Veteran and Dependent under NDCC 15-10-18.2 to allow...

• Spouse, widow, or widower be added to each subsection of the definition of a dependent
• Change years for a veteran to become resident from ten (10) years to five (5) years to match the requirement of a surviving spouse 

HOUSE AMENDMENTS & ACTIONS

• Amendment: Added definition of "Stepchild's other parent" means the souse, widow, or widower of a veteran.
• Committee recommended DO PASS 13-0-1 HJ 373
• PASSED House 91-3 HJ 429

SENATE AMENDMENTS & ACTIONS

• 2/3/2021 Received in Senate SJ 364
• Committee recommended DO PASS 6-0-0 SJ 820
• PASSED Senate 47-0 SJ 827
• Signed by Senate President SJ 845
• Signed by House Speaker 3/19/2021 HJ 1214

Signed by Governor 3/23/2021 HJ 1253

Fiscal Note: Unable to estimate

APPRECIATION. Patriotism Projects Elementary Students

Pre-approved Commissioner, NDVLC

A BILL for an Act to create and enact a new section to chapter 15.1-21 of the North Dakota Century Code, relating to required patriotism projects for public elementary school students; and to provide a report to the legislative management.

This bill would...

• Provide that the curriculum of each school district of elementary students include a patriotism project under the guidance of the Superintendent of public instruction.
• Allow the school district to accept donations for patriotism projects from veteran organizations in the state.

HOUSE AMENDMENTS & ACTIONS

• Added approval to accept monetary donations from: "civic groups"
• Added verbiage for school districts to provide assurance of completion through the shared student information system
• Committee recommended DO PASS 9-5-0 HJ325
• PASSED the House 64-27 HJ 370

SENATE AMENDMENTS & ACTIONS

• 1/28/2021: Received in Senate  SJ 315
• Committee recommended DO NOT PASS 6-0-0 SJ 867

Fiscal note: None

FAILED Senate 2-45 SJ 877

EMPLOYMENT. Licensure Compact

Pre-approved Commissioner, NDVLC, NDNG and TF M.I.N.D

A BILL for an Act to amend and reenact subsection 3 of section 15.1-13-17 and sections 15.1-13-17.1, 15.1-18-12, 43-51-11.1, and 43-51-11.2 of the North Dakota Century Code, relating to occupational licensing of foreign practitioners who are residents of the state; and to provide for a report to the legislative management.

Final Outcome of Bill...

Updated the verbiage of certain licensure requirements

• Added verbiage: "a foreign practitioner who is a resident of the state" to military members and spouse
• Addressed key issues identified by Department of Defense. Defense State Liaison Office's Military Families Top 10 Key Issues

Original Intent of Bill...

Update the verbiage of certain licensure requirements

• Add verbiage: "a foreign practitioner who is a resident of the state" to military members and spouse
• Address key issues identified by Department of Defense. Defense State Liaison Office's Military Families Top 10 Key Issues

HOUSE AMENDMENTS & ACTIONS

• Removed verbiage of changes to NDCC 43-51-11.1 and
• Created new section NDCC 43-51-12.1
• Committee recommended DO PASS as amended 9-5-0 HJ 553
• PASSED HOUSE 81-11 HJ 668

SENATE AMENDMENTS & ACTIONS

• 2/18/2021 Received from house SJ 619
• Committee recommended DO NOT PASS 7-0-0 SJ 1031

FAILED Senate 2-45 SJ 1075

SB 2175 addressed majority of concerns

Fiscal note: Unable to estimate

APPRECIATION. Hunting: Deer License Lottery for Members of Armed Forces

A BILL for an Act to amend and reenact subsection 12 of section 20.1-02-05 of the North Dakota Century Code, relating to hunting licenses for nonresident members of the armed forces.

This bill would...

Allow members of the Armed Forces who qualify to receive a resident hunting license to apply for and be issued a lottery license for deer.

HOUSE AMENDMENTS & ACTIONS

• Committee recommended DO NOT PASS 12-0-2 HJ 416

FAILED HOUSE 14-76-4 HJ 520

Fiscal note: None. Unable to estimate.

ASBESTOS: Not veteran specific

A BILL for an Act to create and enact chapter 32-46.2 of the North Dakota Century Code, relating to civil actions involving asbestos; to amend and reenact subsection 2 of section 28-01.3-04 of the North Dakota Century Code, relating to liability of non-manufacturing sellers; and to provide for application.

This bill would...

Create and amend sections of the NDCC regarding asbestos related law-suits

• Create definitions and guidelines for court proceedings in asbestos law-suits
• Defines elements fo proof for asbestos action involving malignant conditions
• Defines evidence of physical impairment-procedures-limitation
• Creates stature of limitations

HOUSE AMENDMENTS & ACTIONS

• Committee recommended DO PASS 7-6-1 HJ 600
• House re-referred back to Judiciary Committee HJ 632
• Amendment: Removed section "c" of definitions. Physician
• Committee recommended DO PASS 11-3-0 HJ 721 
• PASSED House 76-18 HJ 838
• House Concurred with Senate amendments HJ 1677
• PASSED House 78-15 HJ 1677
• Signed by House Speaker 4/16/2021 HJ 1760

SENATE AMENDMENTS & ACTIONS

• 2/23/2021:Received from House SJ 731
• Amendment: Removed pending lawsuits making effective only for new suits on or after August 1, 2021
• Amendment: Removed verbiage and requirements related to lawsuits effective prior to August 1, 2021
• Committee recommended DO PASS 4-2-0 SJ 1060
• PASSED Senate 41-6 SJ 1072
• Returned to House for consideration of amendments
• House concurred with Senate amendments HJ 1677
• Senate amendments passed House 78-15 HJ 1677
• Signed by Senate President 4/15/2021 HJ 1498

Signed by Governor 4/19/2021 HJ 1816

Fiscal note: None

FINANCE. Investment of NDDVA Veterans Aid Loan Fund and PWTF Spendable Income Fund

Pre-approved by Commissioner, ACOVA and NDVLC

A BILL for an Act to amend and reenact sections 37-14-03 and 37-14-14 of the North Dakota Century Code, relating to the veterans' aid fund and veterans' postwar trust fund; and to declare an emergency.

This Bill would...

• Allow the ND State Treasurer to invest the fund balance in a safe manner to maximize interest rate. 
• Intent is to allow for investment in CD's outside the Bank of North Dakota.

HOUSE AMENDMENTS & ACTIONS

• Committee recommended DO PASS 13-0-1 HJ 416
• PASSED HOUSE 91-0-3. Emergency Clause Carried.  HJ 521

SENATE AMENDMENTS & ACTIONS

• 2/9/2021: Received in Senate SJ 436
• Committee recommended DO PASS 7-0-0 SJ 793
• PASSED Senate 45-1 Emergency clause Carried SJ 803
• Signed by Senate President 3/10/2021 SJ 829
• Signed by House Speaker 3/11/2021 HJ 1121

Signed by Governor 3/17/2021 HJ 1175

Fiscal note: Potential for higher returns on investment