2013 Legislation being considered by the North Dakota Legislature which relates to congregational life

*Thank you to Bismarck Attorney Murray Sagsveen for providing these updates on church-related legislation.

Bill Number/Link	Summary
House Bill 1240 House-Defeated, vote 33-56	would exempt 501C3 organizations (including churches) from sales tax. The ND Association of Nonprofit Organizations is promoting this bill. This bill would have a direct positive impact on churches because money saved from the sales tax exemption could be diverted to the church's mission.
House Bill 1283 House-amended and passed, vote 82-11 Senate-Introduced 2/28 Hearing-3/19 Committee has not yet acted	House Bill 1283 would allow an individual, who is licensed to carry a concealed dangerous weapon, to carry that weapon in a church if the individual has the approval of its primary religious leader or the governing body.
House Bill 1300 House-amended and passed, vote 83-6 Senate-Introduced 2/25 Hearing-3/19 Committee has not yet acted	House Bill 1300 concerns real estate taxes. Currently, church property less than two acres is currently exempt from property tax. However, some churches own far more than two acres, possibly because it is a big church or is planning to expand or some other reason. The bill, as amended, would remove the two-acre provision (i.e., there would not be any real property tax on land used for church purposes, notwithstanding the size) and would exempt real estate on a church building if rented to another person and “if the rent received is used for the religious purposes of the religious corporation or organization.”
House Bill 1366 House-amended and passed, vote 58-25 Senate-Introduced 2/28 Hearing-3/19 Commitee has not yet acted	House Bill 1366 is broader than House Bill 1283. It would allow an individual, who is licensed to carry a concealed dangerous weapon, to carry that weapon in most public gatherings.
House Bill 1380 House-amended and Defeated, vote 31-61	House Bill 1380 would have allowed a city to establish “safety and emergency services improvement districts” so that the city could special assess “certain property not subject to property taxes” in order to “provide an equivalent reduction in the property taxes levied for the cost of safety and emergency services upon taxable property.” As amended, the bill focuses on “tax-exempt properties for which the owner’s primary revenue source is fees charged to users or clients or revenues from federal funding sources, or a combination of both of those revenue sources. However, it was possible this bill could have had a significant financial impact on all North Dakota churches.
House Bill 1421 House-Defeated, vote 24-69	House Bill 1421 would have appropriated $1,239,300 to the superintendent of public instruction for the purpose of reimbursing school districts for one snack beverage of either milk or juice each day for students qualifying for the free or reduced school lunch program.
House Bill 1423 House-amended and defeated, vote 45-48	House Bill 1423 would require mandatory counseling in divorce proceedings that do not include substantiated allegations of domestic abuse. The counseling may be provided by a member of the clergy.
Senate Bill 2323 Senate-amended and passed, vote 39-8 House-Introduced-3/6 Hearing-3/20 Committee has not yet acted	Senate Bill 2323 would mandate a person who has "knowledge or reasonable cause to believe that a vulnerable adult has been subjected to abuse or neglect, or who observes a vulnerable adult being subjected to conditions or circumstances that reasonably would result in abuse or neglect" to report to an appropriate law enforcement agency or department of human services. This bill now includes an exception similar to that in the law governing the reporting of child abuse (i.e., "A member of the clergy, however, is not required to report...if the knowledge is derived from information received in the capacity of spiritual advisor”).
Senate Bill 2252 Senate-Defeated, vote 21-26	Senate Bill 2252 would have prohibited discrimination on the basis of sexual orientation concerning employment, public accommodations, housing, etc.

Clergy may contact legislators to support or oppose any legislation if acting on their own behalf (i.e., not speaking as a representative or agent of their church council or congregation). See www.nd.gov/sos/lobbylegislate for additional details.