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May 7, 2009 · No. 19
61st Legislative Assembly Concludes
 
The 61st Legislative Assembly concluded May 4.  At 79 days, it was the longest legislative session in North Dakota history.  
 
NDANO took positions on three bills (HB 1074, HB 1200 and HB 1203) and monitored several others that had potential broad impact on NDANO members and the state nonprofit sector.  NDANO also tracked almost 100 additional bills that directly or indirectly impacted NDANO members in various sub-sectors.
 
There will be a Legislative Update breakout session at the NDANO Annual Nonprofit Leadership Conference June 2-3 in Fargo.  N.D. Secretary of State Al Jaeger and Sen. Tim Mathern will speak.  Sen. Judy Lee and Reps. Kathy Hawken and Scot Kelsh have also been invited.
 
Visit the 61st Legislative Assembly website to learn more about the session results.
Bill Recap 
 
HB 1074 An act to adopt the Uniform Prudent Management of Institutional Funds Act (UPMIFA); and to repeal chapter 15-67 of the North Dakota Century Code, relating to the Uniform Management of Institutional Funds Act; and to declare an emergency.
Position:  Support
Sponsor(s):  Government and Veterans Affairs Committee
Issue:  An update of North Dakota's 1975 law, UPMIFA provides guidance on prudent investing by providing more detail to nonprofits about investment of their funds.
Result:  Passed and effective April 22, 2009
 
HB 1200 Relating to property taxation of certain otherwise exempt property for the cost of fire, law enforcement and emergency services; and to provide an effective date.
Position:  Oppose
Sponsor(s):  Reps. Keiser, Weiler; Sen. Kilzer
Issue:  The bill would have allowed cities and counties to impose property tax levies on some nonprofits for the cost of fire, law enforcement and emergency services.
Result:  Failed in the House 36-57
 
HB 1203 Relating to the income tax credit for charitable gifts; and to provide an effective date. 
Position:  Support
Sponsor(s):  Reps. Keiser, Froseth; Sens. Horne, Robinson
Issue:  The bill would have allowed financial institutions and individuals who contribute to an endowment to qualify for the North Dakota tax credit for charitable giving enacted in 2005.
Result:  Failed in the House 21-72
 
HB 1298 Relating to limited liability companies, nonprofit corporations, nonprofit limited liability companies and partnership fictitious names; relating to commercial registered agent listing, cooperative associations, business corporations, limited liability companies, nonprofit corporations, geophysical exploration companies, limited partnerships, general partnerships, limited liability partnerships and limited liability limited partnerships; and to provide a penalty.
Position:  Track
Sponsor(s):  Rep. DeKrey; Sen. Nething
Issue:  The bill allows for the creation of nonprofit limited liability companies, which would not be free-standing entities but would be a subsidiary of one or more nonprofit corporations, most likely as a holding company for property.
Result:  Passed
 
HB 1487 Relating to the receipt of federal economic stimulus or fiscal relief funding; declare an emergency.
Position:  Track
Sponsor(s):  Reps. Carlson, Boucher; Sens. Stenehjem, O'Connell
Issue:  The bill allows federal stimulus funds to be spent only by appropriation by the legislative assembly or approval of the emergency commission and budget section.  The state of North Dakota has established an American Recovery and Reinvestment Act (ARRA) website.  The Economic Stimulus Executive Recommendation for North Dakota identifies ARRA funding options.
Result:  Passed
 
HB 1545 Relating to creation of a new type of limited liability company called a low-profit limited liability company.
Position:  Track
Sponsor(s):  Reps. Ekstrom, Clark, Vig; Sens. Anderson, Schneider
Issue:  As introduced, the bill would have allowed establishment of a new type of company called a low-profit limited liability company, also known as an L3C, which must further a charitable purpose. 
Result:  Passed as an optional study resolution
 
HCR 3054 Relating to establishment and use of a North Dakota legacy fund; and to provide an effective date.
Position:  Track
Sponsor(s): Reps. Weiler, Boucher, Carlson; Sens. Stenehjem, O'Connell, Triplett
Issue:  The bill will create a new legacy fund with oil and gas taxes upon approval of voters during the 2010 general election.  If approved by voters, it will put 30 percent of oil and gas taxes into a legacy fund, and the interest would be available to the legislature after June 30, 2017, as would 15 percent of the principal on two-thirds vote of the legislature. 
Result:  Passed
 
SB 2363 Relating to registration of charitable organizations and professional fundraisers and to annual reports by charitable organizations; and to provide a penalty.
Position:  Track
Sponsor(s):  Sens. Hogue, Nodland; Rep. Meier
Issue:  The bill makes the administrative process for the Secretary of State's office more efficient. It eliminates the requirement for charities to submit 990s to the state with their annual report; instead, the Secretary of State or Attorney General will request information from charities as needed. 
Result:  Passed
Bill Status Quick Links 
HB 1012 · HB 1014 · HB 1034 · HB 1043 · HB 1044 · HB 1073 · HB 1074 · HB 1090 ·
HB 1092 · HB 1093 · HB 1094 · HB 1095 · HB 1128 · HB 1190 · HB 1194 · HB 1200 ·
HB 1203 · HB 1231 · HB 1259 · HB 1263 · HB 1290 · HB 1298 · HB 1303 · HB 1307 ·
HB 1317 · HB 1327 · HB 1367 · HB 1371 · HB 1418 · HB 1437 · HB 1445 · HB 1458 ·
HB 1460 · HB 1468 · HB 1472 · HB 1476 · HB 1478 · HB 1487 · HB 1506 · HB 1537 ·
HB 1545 · HB 1556 · HB 1568 · HB 1572 · HB 1573 · HCR 3006 · HCR 3015 · HCR 3049 ·
SB 2076 · SB 2097 · SB 2098 · SB 2123 · SB 2152 · SB 2162 · SB 2171 · SB 2174 ·
SB 2178 · SB 2186 · SB 2190 · SB 2194 · SB 2198 · SB 2215 · SB 2225 · SB 2230 ·
SB 2231 · SB 2237 · SB 2257 · SB 2260 · SB 2265 · SB 2278 · SB 2283 · SB 2296 ·
SB 2318 · SB 2337 · SB 2340 · SB 2355 · SB 2356 · SB 2362 · SB 2363 · SB 2381 ·
SB 2391 · SB 2392 · SB 2394 · SB 2396 · SB 2406 · SB 2420 · SB 2421 · SCR 4009 ·
Bill Status Report
 
NDANO tracked the following bills because they may have a direct or indirect impact on member nonprofits.    
 
HB1012HB 1012 Track  
Title: Appropriation for department of human services; relating to the establishment of an aging and disability resource center, the exempt amount of designated pre-need funeral service contracts in considering eligibility for medical assistance, and eligibility under the state children's health insurance program. 
Status: Passed.
 
HB1014HB 1014 Track
Title: To provide an appropriation for defraying the expenses of the committee on protection and advocacy.
Status: Passed.
 
HB1034HB 1034 Track
Status: Failed.
 
HB1043HB 1043 Track 
Title: Relating to a dementia care services program; to provide for a report to the legislative council; and to provide an appropriation. 
Status: Passed.
 
HB1044HB 1044 Track 
Title: Relating to the development of a program for services to transition-aged youth at risk; to provide for a pilot project; and to provide an appropriation. 
Status: Passed.
 
HB1073HB 1073 Track  
Title: Relating to adoption of the Uniform Emergency Volunteer Health Practitioners Act; relating to application of the Administrative Agencies Practice Act. 
Status: Passed.
 
HB1074HB 1074 Support
Title: Relating to the Uniform Management of Institutional Funds Act. 
Status: Passed.
 
HB1090HB 1090 Track  
Title: Relating to child care assistance; and to provide a penalty. 
Status: Passed.
 
HB1092HB 1092 Track 
Title: Relating to the definition of disability under the North Dakota Human Rights Act. 
Status: Failed.
 
HB1093HB 1093 Track 
Title: Relating to the duties of the North Dakota board of social work examiners; relating to the practice and licensing of social work. 
Status: Passed.
 
HB1094HB 1094 Track 
Title: Relating to placement of siblings in foster care and a guardian's duty to exercise due diligence. 
Status: Passed.
 
HB1095HB 1095 Track 
Title: Relating to criminal history record investigations for foster care licensure or licensure as a child-placing agency. 
Status: Passed.
  
HB1128HB 1128 Track 
Title:  Relating to immunity and exemptions for actions in response to emergency management. 
Status: Passed.
  
HB1190HB 1190 Track
Title:  Relating to raffles conducted by certain organizations.
Status: Passed. 
  
HB1200HB 1200 Oppose
Title:  Relating to property taxation of certain otherwise exempt property for the cost of fire, law enforcement, and emergency services; and to provide an effective date. 
Status: Failed.

HB1203-2HB 1203 Support
Title:  Relating to the income tax credit for charitable gifts; and to provide an effective date. 
Status: Failed.
 
HB1231HB 1231 Track
Title:  A BILL for an Act to provide an appropriation to the state department of health for a mobile dental care service grant. 
Status: Passed.
 
HB1259HB 1259 Track
Title:  Relating to an affordable housing fund; relating to the advisory board to the industrial commission and business incentives; and to provide an appropriation. 
Status: Failed.
 
HB1263HB 1263 Track
Title:  Relating to duties of assisted living facilities. 
Status: Passed.
 
HB1290HB 1290 Track
Title:  A BILL for an Act to provide an appropriation for art outreach grants. 
Status: Failed.
 
HB1298HB 1298 Track
Title:  Relating to limited liability companies, nonprofit corporations, nonprofit limited liability companies, and partnership fictitious names; relating to commercial registered agent listing, cooperative associations, business corporations, limited liability companies, nonprofit corporations, geophysical exploration companies, limited partnerships, general partnerships, limited liability partnerships, and limited liability limited partnerships; and to provide a penalty. 
Status: Passed.
 
HB1303HB 1303 Track
Title:  Relating to factors considered in determining nursing home rates.
Status: Passed. 
 
HB1307HB 1307 Track
Title:  Relating to nonallowable costs in nursing home ratesetting. 
Status: Passed.
 
HB1317HB 1317 Track
Title:  Relating to gaming and excise taxes; and to provide an effective date. 
Status: Passed.
 
HB1327HB 1327 Track
Title:  Relating to nursing facility beds. 
Status: Passed.
 
HB1367HB 1367 Track
Title:  Relating to local permits and charity local permits. 
Status: Passed.
 
HB1371HB 1371 Track
Title:  Relating to limitations on the performance of abortion and abortion reporting requirements.  
Status: Passed.
 
HB1418HB 1418 Track
Title:  Relating to early childhood care workforce development, child care capacity, and department of human services establishment of a quality improvement rating system for early childhood care facilities.
Status: Passed.
 
HB1437HB 1437 Track
Title:  Relating to criminal history record checks of nursing home administrators; relating to licensing of nursing home administrators.
Status: Passed. 
 
HB1445HB 1445 Track
Title:  Relating to the requirements of informed consent to abortion. 
Status: Passed.
 
HB1458HB 1458 Track
Title:  Relating to the definition of irrevocable in reference to a trust and a presumption against eligibility for assistance programs for certain transactions; relating to the duty of a trustee to inform beneficiaries and the settlor. 
Status: Passed.
 
HB1460HB 1460 Track
Title:  A BILL for an Act to create a state institution alternative use program. 
Status: Passed. 
 
HB1468HB 1468 Track
Title:  Relating to a volunteer emergency responder individual income tax deduction. 
Status: Failed.
 
HB1472HB 1472 Track
Title:  Relating to the creation of an early childhood services advisory board.  
Status: Passed.
 
HB1476HB 1476 Track
Title:  Relating to the establishment of an aging and disability resource center. 
Status: Failed.
 
HB1478HB 1478 Track
Title:  Relating to eligibility under the state children's health insurance program.
Status: Failed.
 
HB1487HB 1487 Track
Title: Relating to the receipt of federal economic stimulus or fiscal relief funding; declare an emergency.
Status: Passed. 
 
HB1506HB 1506 Track
Title:  Relating to an income tax credit for contributions to school districts or nonpublic elementary and secondary schools in this state; and to provide an effective date.
Status: Failed.
 
HB1537HB 1537 Track
Title:  Relating to substitute caregivers for adults in foster care.  
Status: Failed. 
 
HB1545HB 1545 Track
Title:  Relating to creation of a new type of limited liability company called a low-profit limited liability company. 
Status: Passed.
 
HB1556HB 1556 Track
Title:  A BILL for an Act to provide for a study by the department of human services of rates for private licensed developmental disability providers; and to provide an appropriation. 
Status: Passed. 
 
HB1568HB 1568 Track
Title:  A BILL for an Act to provide for an interim select committee on the status of health care; to provide for a report to the legislative council; and to provide an appropriation.
Status: Failed. 
 
HB1572HB 1572 Track
Title:  Relating to the crimes of dismemberment and torture; relating to penalties for crimes against born alive children; to provide legislative intent; and to provide a penalty. 
Status: Failed.
 
HB1573HB 1573 Track
Title:  A BILL for an Act to provide for a legislative council study of voucher use and provider choice for clients in human services and other programs.  
Status: Passed.
 
HCR3006HCR 3006 Track 
Title: Directing the Legislative Council to study the feasibility and desirability of adopting the Uniform Debt-Management Services Act, including consideration of the most appropriate administrator of the law, how the Act would impact existing state laws, and what issues other states have addressed in enacting the Act.
Status: Passed.

HCR3015HCR 3015 Track
Title:  A concurrent resolution urging Congress to reject the bill known as the Freedom of Choice Act, which would invalidate virtually every abortion-related regulation enacted by the people of North Dakota through their elected officials. 
Status: Passed.
 
HCR3049HCR 3049 Track
Title: Relating to governmental budget expenditure limits; and to provide for application.
Status: Failed.
 
HCR3054HCR 3054 Track
Title: Relating to establishment and use of a North Dakota legacy fund; and to provide an effective date.
Status: Passed.
 
HCR3059HCR 3059 Track
Title: Relating to establishment and use of an oil tax trust fund; and to provide an effective date.
Status: Failed.  

SB2010SB 2010 Track 
Title: To provide an appropriation for defraying the expenses of the council on the arts.
Status: Passed.
 
SB2018SB 2018 Track
Title:   (At the request of the Governor) A BILL for an Act to provide an appropriation for defraying the expenses of the department of commerce; to provide exemptions; to provide for an audit; to provide for a transfer; to establish a state grant program for child care; and to provide for state biofuels blender pumps and an alternative energy grant program.  
Status: Passed.

SB2023SB 2023 Track  
Title: To provide an appropriation for defraying the expenses of the commission on legal counsel for indigents.
Status: Passed.

SB2044SB 2044 Track 
Title: Relating to the moratorium on expansion of basic care bed capacity and the moratorium on expansion of long-term care bed capacity.
Status: Passed.

SB2045SB 2045 Track 
Title: Relating to advance notice requirements of any transfer or discharge of a resident from a nursing home, swing-bed hospital, or basic care or assisted living facility. 
Status: Passed.
 
SB2063SB 2063 Track 
Title: To provide an appropriation for defraying the expenses of the comprehensive tobacco control advisory committee. 
Status: Failed.
 
SB2076SB 2076 Track 
Title: Relating to authority of the state board of higher education to authorize campus improvements financed by donations, gifts, grants, and bequests. 
Status: Failed.
 
SB2097SB 2097 Track 
Title: Relating to the definition of a person responsible for a child's welfare and who may receive confidential reports of child abuse and neglect. 
Status: Passed.
 
SB2098SB 2098 Track 
Title: Relating to commitment to a public or private facility of a person requiring treatment due to mental illness or chemical dependency. 
Status: Passed.
 
SB2123SB 2123 Track 
Title: Relating to allowing the department of human services to require criminal history record checks in certain circumstances; relating to criminal history record checks conducted by the bureau of criminal investigation. 
Status: Failed.
 
SB2152SB 2152 Track 
Title: Relating to criminal history record checks; relating to marriage and family therapy licensure and practice; and to provide a penalty.
Status: Passed. 
 
SB2162SB 2162 Track 
Title: Relating to self-declaration of an individual who provides early childhood services; relating to licensing and registration of early childhood services providers, investigation of early childhood services providers, denial or revocation of request for early childhood services provider licensure or registration, and resource and referral services; relating to cardiopulmonary resuscitation certification for a family child care home operator; to provide a penalty; and to provide an expiration date. 
Status: Passed.
 
Title:  Relating to the termination of a residential lease by a victim of domestic violence. 
Status: Passed.
 
SB2174SB 2174 Track Title:  Relating to residential care for children with autism spectrum disorder; and to provide an appropriation.
Status: Passed.
 
SB2178SB 2178 Track
Title:  A BILL for an Act to provide an appropriation to the department of corrections and rehabilitation for community service supervision grants. 
Status: Passed.
 
SB2186SB 2186 Track
Title:  Relating to a sales and use tax exemption for purchases made by a contractor, subcontractor, or builder on behalf of an exempt entity; and to provide an effective date. 
Status: Failed.
 
SB2190SB 2190 Track
Title:  Relating to exemption for schools and churches from bingo excise taxes; and to provide an effective date. 
Status: Failed.
 
SB2194SB 2194 Track
Title:  Relating to the commission on the status of women; and to provide for transition. 
Status: Failed.
 
SB2198SB 2198 Track
Title:  Relating to the development and maintenance of a traumatic brain injury registry and the provision of services to individuals with traumatic brain injury; relating to joint meetings and duties of the department of human services; and to provide an appropriation. 
Status: Passed.
 
SB2215SB 2215 Track
Title:  Relating to the definition of games of chance, excise tax on licensed organizations, and interest penalty and estimated taxes on licensed organizations. 
Status: Passed.
 
SB2225SB 2225 Track
Title:   (At the request of the Governor) A BILL for an Act to establish a state grant program for child care.
Status: Passed.
 
SB2230SB 2230 Track
Title:  A BILL for an Act to provide an appropriation to the state department of health for providing grants to domestic violence sexual assault organizations. 
Status: Passed.

SB2231SB 2231 Track
Title:  A BILL for an Act to provide for contracting with a statewide charitable food recovery and distribution organization; and to provide an appropriation.
Status: Passed.
 
SB2237SB 2237 Track
Title:  Relating to a health care record registry.
Status: Passed.
 
SB2257SB 2257 Track
Title:  Relating to authorization for voter approval of a city property tax levy for programs and activities for support of child care providers; and to provide an effective date.
Status: Failed.

SB2260SB 2260 Track
Title:  Relating to state matching funds for individual development accounts; relating to administration of the temporary assistance for needy families program; and to provide an appropriation.
Status: Passed.

SB2265SB 2265 Track
Title:  Relating to required notice to be posted at abortion facilities or hospitals.
Status: Passed.

SB2278SB 2278 Track
Title:  Relating to discrimination on the basis of sexual orientation.
Status: Failed.

SB2283SB 2283 Track
Title:  Relating to the medical assistance eligibility requirements for pregnant women; to provide an appropriation; and to provide an effective date.
Status: Failed.

SB2296SB 2296 Track
Title:  A BILL for an Act to provide a student loan reduction for residents employed in early childhood education or child development.
Status: Failed.

SB2318SB 2318 Track
Title:  Relating to bond requirements for qualified programs of all-inclusive care or the elderly; relating to the regulation of qualified programs of all-inclusive care for the elderly; and to provide an expiration date.
Status: Passed.

SB2337SB 2337 Track
Title:  Relating to creating a legislative council medical assistance committee; to provide a continuing appropriation; to provide an appropriation; and to provide an expiration date.
Status: Failed.

SB2340SB 2340 Track
Title:  Relating to a sales and use tax exemption for sales by thrift stores owned and operated by nonprofit corporations; and to provide an effective date.
Status: Failed.

SB2355SB 2355 Track
Title:  A BILL for an Act to provide a short-term care shelter and assessment pilot program for at-risk youth; to provide a report to the sixty-second legislative assembly; and to provide an appropriation.
Status: Passed.

SB2356SB 2356 Track
Title:  Relating to a community dental health grant program for dental clinics; to provide an appropriation; and to provide an expiration date.
Status: Failed.

SB2362SB 2362 Track
Title:  Relating to a children's health insurance buy-in program to be established by the department of human services and the creation of a children's health insurance program advisory committee; relating to eligibility for the children's health insurance program.
Status: Failed.

SB2363SB 2363 Track
Title:  Relating to registration of charitable organizations and professional fundraisers and to annual reports by charitable organizations; and to provide a penalty.
Status: Passed.

SB2381SB 2381 Track
Title:  A BILL for an Act to provide an appropriation for federally designated head start programs in the state. 
Status: Failed.
 
SB2391SB 2391 Track
Title:  Relating to the alternatives-to-abortion services program; to provide for reports to the legislative council; and to provide an appropriation. 
Status: Passed.
 
SB2392SB 2392 Track
Title:  Relating to secured transaction filing fees and lobbyist registration fees.
Status: Passed.
 
SB2394SB 2394 Track
Title:  Relating to consent for prenatal care and other pregnancy care services provided to minors. 
Status: Passed.
 
SB2396SB 2396 Track
Title:  A BILL for an Act to provide an appropriation to the department of human services for the purpose of implementing programs associated with the family impact initiative. 
Status: Failed.
 
SB2406SB 2406 Track
Title:  Relating to the comprehensive statewide tobacco prevention and control plan; relating to qualified college savings plans for tobacco-free students. 
Status: Failed.
 
SB2420SB 2420 Track
Title:  Relating to child support determinations of income and support obligations and the establishment of a consumers of family services program.  
Status: Passed.
 
SB2421SB 2421 Track
Title:  Relating to emergency procedures for mental health commitments; and to provide for a legislative council study. 
Status: Passed.
 
SCR4009SCR 4009 Track
Title:  A concurrent resolution directing the Legislative Council to study the impact in this state of a significant increase in the elderly population and the adequacy of governmental services, including judicial services, to respond to issues related to an aging population and to study the efficacy of statutes governing guardianship and public administrator services.
Status: Passed.
 
SCR4028SCR 4028 Track
Title:  A concurrent resolution directing the Legislative Council to study the charitable gaming laws to determine whether the laws regarding taxation, limitations, enforcement, conduct, and play of charitable gaming are fair, adequate, and appropriate.
Status: Passed.
 
SCR4030SCR 4030 Track
Title: Relating to establishment and use of an oil tax trust fund and a North Dakota student scholarship fund; and to provide an effective date.
Status: Failed.
NDANO
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