2003 North Dakota Legislative Council Bill And Resolution Summaries

House

House Bill No. 1024 - County Mill Levy Consolidation. This bill consolidates several special county mill levies into a county general fund levy that may not exceed 134 mills and allows the voters of a county to refer the question of consolidating the levies to a vote of the qualified electors of the county. (Advisory Commission on Intergovernmental Relations)

House Bill No. 1025 - State Aid Distribution Fund Formula Revision. This bill revises the state aid distribution formula for cities and counties to account for population changes resulting from the 2000 Federal Census. (Advisory Commission on Intergovernmental Relations)

House Bill No. 1026 - Transgenic Wheat Board. This bill requires the creation of a transgenic wheat board. (Agriculture Committee)

House Bill No. 1027 - Veterans Home Admission Requirements. This bill changes the residency requirement for a veteran to be eligible for admission to the Veterans Home from one year to 30 days. (Budget Committee on Government Administration)

House Bill No. 1028 - Veterans Home Admission Requirements for Spouses of Veterans. This bill changes the requirements for a spouse or surviving spouse of a veteran to be eligible for admission to the Veterans Home. The bill reduces the number of years the spouse or surviving spouse must be married to a veteran from five years to one year and removes the requirement that the spouse or surviving spouse be at least 45 years old. (Budget Committee on Government Administration)

House Bill No. 1029 - Veterans Home Revenue. This bill requires a veteran's service-connected compensation to be included in the veteran's contribution to the cost of care at the Veterans Home. (Budget Committee on Government Administration)

House Bill No. 1030- Veterans Home Study - Strategic Plan. This bill provides for a Legislative Council study of the future role of the Veterans Home, including the development of a strategic plan for the operations of the home and the implementation of the recommendations included in the State Auditor's performance audit. The bill appropriates $30,000 from the general fund to the Legislative Council for hiring a consultant to assist in the review of the future role of the Veterans Home and the development of a strategic plan for the Veterans Home. (Budget Committee on Government Administration)

House Bill No. 1031 - Department of Transportation Cooperative Agreements. This bill authorizes the director of the Department of Transportation to enter agreements with counties or cities for the cooperative or joint administration of an activity that will enhance the efficiency and effectiveness of the state highway system. (Budget Committee on Government Administration)

House Bill No. 1032 - Employee Recruitment and Retention Program. This bill continues the employee recruitment and retention bonus pilot program through June 30, 2005. (Budget Committee on Government Services)

House Bill No. 1033 - High School Graduation Requirement. This bill establishes 21 units as the minimum needed for high school graduation. (Education Committee)

House Bill No. 1034 - School Board Plan Requirement. This bill requires a school board to consider the effects of demographics and to prepare a report that addresses potential changes in academic, athletic, and extracurricular programs; potential staff changes; potential building changes, including repairs, remodeling, new construction, and closure; and potential taxation changes in the ensuing 5, 10, and 20 years. (Education Committee)

House Bill No. 1035 - Revised Uniform Adoption Act. This bill defines "abandonment," "department," "identifying information," "investigation," and "stepparent"; provides that a petition for adoption and a report filed by the petitioner must state that the petitioner's expenses were reasonable, and gives guidance to what types of fees may be reasonable or unreasonable; requires a court to make a finding as to the reasonableness of fees paid by the petitioner; clarifies the residency requirements as they apply to various adoption situations; provides that a reasonable fee may be charged for furnishing nonidentifying information; clarifies that identifying and nonidentifying information may be shared between consenting parties to the adoption; removes the search prohibition of birth parents and birth siblings in the case of involuntary adoptions; provides that an adult child of a deceased adopted individual may initiate a search for identifying and nonidentifying information; provides that a nonconsenting party may not stop the disclosure of information between consenting individuals; provides that the Department of Human Services may share adoption information with an Indian tribe to determine the eligibility of the adopted individual for enrollment in an Indian tribe; and removes the 10-day withdrawal period for relinquishment of a birth parent's parental rights. (Family Law Committee)

House Bill No. 1036 - Child Relinquishment to Identified Adoptive Parents. This bill provides that a report filed by a petitioner may reflect that reasonable fees were paid, requires a court to make a finding as to the reasonableness of fees paid, and extends the time for filing of a petition for adoption from three months to six months. (Family Law Committee)

House Bill No. 1037 - Child-placing Agency Licensure. This bill removes the current annual child-placing agency licensure requirement to allow for a two-year license for those agencies that are in good standing and that also have an established history in the state; codifies the current practice of allowing a child-placing agency to consider all criminal background information when making a recommendation in a home study report; makes the procedures used in foster care placements consistent with procedures used in adoption placements; codifies the current Department of Human Services requirement that fees charged by a child-placing agency must be related to documented expenses of the agency; provides that a child-placing agency license may be revoked for violation of North Dakota Century Code Chapter 50-12; adds permanent guardianship to the class of guardianships that require that the Department of Human Services be notified if the guardianship involves bringing the child into the state for the guardianship; and provides that the child-placing agency licensure requirements extend to facilitator agencies that maintain lists of prospective adoptive parents and birth parents to make matches for a fee. (Family Law Committee)

House Bill No. 1038 - Privacy of Financial Information. This bill provides that a customer is protected by the state's financial privacy law, regardless of the state or residence or domicile and that the state's financial privacy laws apply to financial institutions that are physically located in the state. The bill also provides for incorporation into the state's financial privacy law the federal Financial Services Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act, exception provisions of Section 502(e)(1) and (2), allowing for sharing of customer information as necessary to effect, administer, or enforce a transaction that is requested or otherwise authorized by the customer; in connection with servicing or processing a financial product or financial service that is requested or otherwise authorized by the customer; in connection with maintaining or servicing the customer's account with the financial institution; in connection with maintaining or servicing the customer's account with another person as part of a private label credit card program or as part of some other extension of credit on behalf of that other person; or at the direction or with the consent of the customer. (Family Law Committee)

House Bill No. 1039 - Higher Education Special Funds Continuing Appropriation. This bill provides for the continuation of the continuing appropriation of higher education institutions' special revenue funds, including tuition. (Higher Education Committee)

House Bill No. 1040 - University System's Unspent General Fund Appropriations. This bill provides for the continuation of the University System's authority to carry over at the end of the biennium unspent general fund appropriations. (Higher Education Committee)

House Bill No. 1041 - University System Budget Request and Appropriation. This bill continues the requirement that the budget request for the University System include budget estimates for block grants for a base funding component and for an initiative funding component and a budget estimate for an asset funding component and the requirement that the appropriation for the University System include block grants for a base funding appropriation and for an initiative funding appropriation and an appropriation for asset funding. (Higher Education Committee)

House Bill No. 1042 - University System Performance and Accountability Report. This bill requires the University System performance and accountability report to include an executive summary and specific information regarding education excellence, economic development, student access, student affordability, and financial operations. (Higher Education Committee)

House Bill No. 1043 - Information Technology Department Authority. This bill changes the responsibility of establishing a statewide forms management program from the Office of Management and Budget to the Information Technology Department; allows the department to purchase, finance the purchase, or lease equipment, software, or implementation services only to the extent the purchase amount does not exceed 10 percent of the appropriation for the department for that biennium; changes the due date for information technology plans from March 15 to July 15; and abolishes the State Information Technology Advisory Committee. (Information Technology Committee)

House Bill No. 1044 - Indigent Defense Contracts. This bill transfers from the judicial branch to the Office of Administrative Hearings the responsibility of contracting with and assigning attorneys to provide indigent defense services. (Judiciary A Committee)

House Bill No. 1045 - Indigent Defense Costs. This bill provides that the state rather than the county is responsible for paying for the costs of providing indigent defense for mental illness commitment proceedings, sexual predator commitment proceedings, and for guardian ad litem costs. (Judiciary A Committee)

House Bill No. 1046 - Nighttime Speed Limit. This bill removes the nighttime speed limit on paved two-lane highways resulting in a 65-mile-an-hour speed limit. (Judiciary B Committee)

House Bill No. 1047 - Speed Limit Fee. This bill establishes a five dollar fee for each mile per hour over the speed limit. (Judiciary B Committee)

House Bill No. 1048 - Testing of Guides and Outfitters. This bill requires guides and outfitters to be tested on state and federal laws on the hunting of wild game. (Judiciary B Committee)

House Bill No. 1049 - Records of Guides and Outfitters. This bill requires the director of the Game and Fish Department to keep proprietary information collected from guides and outfitters confidential. (Judiciary B Committee)

House Bill No. 1050 - Licensing of Guides and Outfitters. This bill provides for the comprehensive licensing of guides and outfitters by the department. (Judiciary B Committee)

House Bill No. 1051 - Audit Report Confidentiality. This bill provides that draft audit reports are confidential and exempt from open records requirements but a state agency may review the audit recommendations before the audit report is made public. (Legislative Audit and Fiscal Review Committee)

House Bill No. 1052 - Performance Assurance Plan Expenditures. This bill provides for the expenditure of funds collected by the Public Service Commission under the performance assurance plan with the regional Bell operating company. (Regulatory Reform Review Commission)

House Bill No. 1053 - Regulatory Reform Review Commission. This bill extends the duration of the Regulatory Reform Review Commission to 2005. (Regulatory Reform Review Commission)

House Bill No. 1054 - Homestead Credit Eligibility Revision. This bill revises eligibility for the homestead property tax credit based on five income categories with declining benefits from the federal poverty level to 140 percent of the federal poverty level. (Taxation Committee)

House Bill No. 1055 - Agricultural Property Assessment Formula Effective Tax Rate Inclusion. This bill incorporates an effective tax rate calculation in the capitalization rate used for valuation of agricultural property. The bill phases in use of an effective tax rate over four years. (Taxation Committee)

House Concurrent Resolution No. 3001 - Block Grant Hearings. This resolution authorizes the Budget Section to hold legislative hearings required for receipt of federal block grant funds. (Budget Section)

House Concurrent Resolution No. 3002 - Impact on Social Services of Loss of Tax Revenues Study. This resolution provides for a Legislative Council study of loss of tax revenues from flooded property and from previously taxable property that is purchased by tax-exempt entities and of the impact of the tax status on the ability of local communities to provide social services. (Family Law Committee)

House Concurrent Resolution No. 3003 - Social Services Funding Study. This resolution provides for a Legislative Council study of state and local funding obligations for social services. (Family Law Committee)

House Concurrent Resolution No. 3004 - Indigent Defense Study. This resolution provides for a Legislative Council study of the state's method of providing legal representation for indigent persons and the feasibility and desirability of establishing a public defender system. (Judiciary A Committee)

SENATE

Senate Bill No. 2027 - Ethanol Mandate. This bill requires that all gasoline having an octane rating of 87 and offered for sale in this state be blended with ethanol at the rate of 10 percent. (Agriculture Committee)

Senate Bill No. 2028 - Racing Commission Fees and Fines. This bill provides that any money collected by the Racing Commission from license fees and fines be deposited in the Racing Commission operating fund rather than the general fund and, subject to legislative appropriation, be spent for operating costs of the commission. (Budget Committee on Government Administration)

Senate Bill No. 2029 - Pilot Project for Health Insurance Mandates. This bill provides that any health insurance coverage mandate approved by the Legislative Assembly only applies to the public employees group health insurance program for a period of two years during which time the Public Employees Retirement System is to evaluate the mandate's costs and benefits and prepare a report for consideration by the next Legislative Assembly in determining if the mandate should be allowed to expire or be expanded to all insurers. (Budget Committee on Health Care)

Senate Bill No. 2030 - Department of Commerce Workforce Web Site Fee Use. This bill allows the Department of Commerce to retain any money received as subscriptions, commissions, or fees from the department's career guidance and job opportunities Internet web site. (Commerce Committee)

Senate Bill No. 2031 - High School Course Offerings. This bill broadens the number of courses that a high school must make available to its students by requiring one unit of English, mathematics, science, and social studies, each of which meets or exceeds the state content standards, at each grade level from 9 through 12; one-half unit of health and one-half unit of physical education, each of which meets or exceeds the state content standards, at each grade level from 9 through 12; two units of music, each of which meet or exceed the state content standards; three units of the same foreign language, each of which meet or exceed the state content standards; and 24 units of elective courses. (Education Committee)

Senate Bill No. 2032 - Superintendent of Public Instruction Data Envelopment Analysis Project. This bill appropriates $50,000 to the Superintendent of Public Instruction for completion of the data envelopment analysis project. (Education Committee)

Senate Bill No. 2033 - Peace and Correctional Officer Retirement. This bill includes peace officers and correctional officers in the National Guard retirement plan. (Employee Benefits Programs Committee)

Senate Bill No. 2034 - Uniform Parentage Act. This bill changes the terms "natural mother," "natural father," and "natural parent" to "biological mother," "biological father," and "biological parent." (Family Law Committee)

Senate Bill No. 2035 - Paternity Registry. This bill creates a paternity registry in the State Department of Health Office of Statistical Services. (Family Law Committee)