Journal from May 27, 2020
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Dakota Download
INSIDE: GIGABIT UPGRADE ANNOUNCED | GERHART to RETIRE | XCL MEETS FOR SECOND TIME | ADVISORY BOARD MEMBERS ANNOUNCED | ARGUMENTS HEARD DAKOTA DOWNLOAD Governor Burgum’s weekly update | March 23, 2018 GIGABIT UPGRADE ANNOUNCED FOR ND SCHOOLS Gov. Doug Burgum, along with State Superintendent Kirsten Baesler, Chief Information Officer Shawn Riley and Dakota Carrier Network CEO Seth Arndorfer, announced on Thursday a 100-gigabit upgrade to the state network that will put North Dakota schools and government on the nation’s leading edge of internet connectivity and speed. When finished in the summer of 2019, the upgrades will position North Dakota as the first state to achieve 1-gigabit connectivity to every school district in the state. Gerhart to Retire After 26 Years On Thursday, Gov. Burgum expressed his deepest grat- itude to Col. Michael Gerhart Jr., who announced he will retire June 30 after 26 years of service to the North Dakota Highway Patrol. Serving as Highway Patrol Su- perintendent since 2014, Gerhart has spent his entire law enforcement career with the agency, starting as a troop- er in 1992. He was promoted to sergeant in 2004 and to lieutenant in August 2007, serving as the patrol’s safety and education officer. He was training director of the Law Enforcement Training Academy before being promoted to major in 2011 and serving as the field operations com- mander. “The Highway Patrol is a stronger agency and North Dakota is a safer place because of Col. Gerhart’s exceptional service as a law enforcement officer and leader,” Burgum said. EXtended Cabinet Group Meets for Second Time Tuesday marked the second meeting of the Extended Cabinet Leadership (XCL). -
Board Minutes
16 Minutes of the Meeting of the Board of University and School Lands January 27, 2020 The January 27, 2020 special meeting of the Board of University and School Lands was called to order at 10:00 AM in the Governor’s Conference Room of the State Capitol by Chairman Doug Burgum. Members Present: Doug Burgum Governor Alvin A. Jaeger Secretary of State Wayne Stenehjem Attorney General Kelly Schmidt State Treasurer (via Telephone) Kirsten Baesler Superintendent of Public Instruction Department of Trust Lands Personnel present: Jodi Smith Commissioner Kristie McCusker Paralegal Catelin Newell Office Manager Adam Otteson Revenue Compliance Director Kate Schirado Administrative Assistant Guests in Attendance: Brent Sanford Lt. Governor Dave Garner Attorney General’s Office Leslie Bakken Oliver Governor’s Legal Counsel Reice Haase Governor’s Office Craig Smith Crowley Fleck Brady Pelton ND Petroleum Council Ron Rauschenberg Rauschenberg Minerals Tyler Gludt Fredrikson & Byron, P.A. OPERATIONS The Commissioner recommends the Board consider entering executive session for consultation with legal counsel regarding pending and potential litigation. EXECUTIVE SESSION Under the authority of North Dakota Century Code Sections 44-04-19.1 and 44-04-19.2, the Board close the meeting to the public and go into executive session for purposes of attorney consultation relating to: • Repayment of Unpaid Gas Royalty Action Record Motion Second Aye Nay Absent Secretary Jaeger X Superintendent Baesler X X Treasurer Schmidt X Attorney General Stenehjem X X Governor Burgum X (01/27/20) 17 At 10:05 AM the Board entered executive session for the purposes outlined in its adopted motion. EXECUTIVE SESSION Members Present: Doug Burgum Governor Alvin A. -
August 17, 2016 Official Notice of Meeting
the R EALTOR® Report News for you from the ND Association of REALTORS® August 17, 2016 Official Notice of Meeting OFFICIAL NOTICE OF MEETING All REALTOR® members of the NDAR are hereby notified of the Annual General Membership Meeting as follows: Thursday, September 15, 2016 – Holiday Inn, Fargo ND Any REALTOR® member who will not be able to attend the General Membership Meeting on September 15, 2016 at 2:45 pm may vote by Absentee Ballot. Election of Officers Absentee Voting Ballot click here Official Bylaw Change Proposal Absentee Voting Ballot click here NDAR Good Neighbor Award Entries Due By August 22 The North Dakota Association of REALTORS® will present one Good Neighbor Award at the REALTOR® Convention of the Dakotas when held in North Dakota. A cash contribution of $500 will be made to the charity of the winner’s choice. The NDAR Good Neighbor Award is to recognize North Dakota’s REALTORS® for their efforts in community and charitable service in helping to make their communities a better place for all citizens. Please complete and submit this entry form no later than August 22, 2016. http://ndrealtors.com/wp- content/uploads/2016/03/Good-Neighbor-Application.pdf E-Mail completed form to NDAR at [email protected] or mail to NDAR, 318 W. Apollo Ave., Bismarck ND 58503. North Dakota Association of REALTORS® RPAC Trustees Endorse Candidates The North Dakota Association of REALTORS (NDAR) REALTOR Political Action Committee (RPAC) Trustees held federal and statewide candidate interviews on July 23, July 25 and August 1 and voted to endorse the following candidates for office: For U.S. -
Guardian Flight, LLC V. Jon Godfread, Et Al
Nos. 19-1343, 19-1381 IN THE Ziluiteb 6tatc.5 (Court of Zippeett5 for the i jtij Circuit GUARDIAN FLIGHT,LLC, Plaint?ff-Appellantl Cross-Appellee, — v. — JON GODFREAD,in his capacity as North Dakota Insurance Commissioner; WAYNE STENEHJEM in his capacity as North Dakota Attorney General, Defendants-Appellees1 CrossAppellants. On Appeal From a Final Order and Final Judgment of the United States District Court for the District of North Dakota (Hovland, C.J.) BRIEF OF AMICUS CURIAE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS Kevin D. Conneely STINSON LLP 50 South Fifth Street, Suite 2600 Minneapolis Minnesota 55402 Telephone: 612-335-1829 [email protected] Counsel for Amicus Curiae National Association of Insurance Commissioners Appellate Case: 19-1343 Paae: 1 Date Filed: 06/18/2019 Entry ID: 4799171 TABLE OF CONTENTS TABLE OF AUTHORITIES ii CORPORATE DISCLOSURE STATEMENT v IDENTITY,INTEREST, AUTHORITY AND INDEPENDENCE OF AMICUS CURIAE 1 INTRODUCTION AND SUMMARY OF ARGUMENT 6 ARGUMENT 8 I. THE STATES MAINTAIN PRIMARY REGULATORY AUTHORITY OVER THE BUSINESS OF INSURANCE VIA THE MCCARRAN- FERGUSON ACT 8 II. THE MCCARRAN-FERGUSON ACT REVERSE-PREEMPTS THE AIRLINE DEREGULATION ACT 11 III. NEITHER THE CLAIMS SETTLEMENT PROVISION NOR THE MEMBERSHIP PROVISION ARE PREEMPTED BY THE ADA AS BOTH WERE ENACTED FOR THE PURPOSE OF REGULATING THE BUSINESS OF INSURANCE 17 CONCLUSION 20 CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITATION AND ECF USER MANUAL 22 CERTIFICATE OF SERVICE 23 i Appellate Case: 19-1343 Paae: 2 Date Filed: 06/18/2019 Entry ID: 4799171 TABLE OF AUTHORITIES Page(s) Cases Doe v. Norwest Bank Minnesota, N.A., 107 F.3d 1297 (8th Cir. -
Letters to Congressional Delegation
Public Service Commission i. State of North Dakota 6(1(1 Fast I)ou es ard, Dept. 406 ('0N4 MISSION F RS Bismarck, North Dakota 56505-0460 Brian Kroshiis Web: sssswpse.nd.gis R11 1C Fedorchak F-non I: ndpsc a nd.os Rand\ ('liii i hahn Phone: 701-328-2400 February 1, 2019 NI) Toll Free: 1-677-245-6665 Fax: 701-129-1-410 11)1): 800-366-6898 or 711 Honorable Senator John Hoeven United States Senate 338 Russell Senate Office Building Washington, D.C. 20510 RE: Abandoned Mine Land Program Reauthorization Dear Senator Hoeven: We are writing to ask for your support for the federal Abandoned Mine Lands (AML) Program, authorized by Title IV of the Surface Mining Control and Reclamation Act (SMCRA) in 1977. The AML Program was established to enable the states and tribes to protect their citizens from the dangerous and costly impacts of coal mines left unreclaimed prior to SMCRA. The AML fee that funds the AML Program will expire September 30, 2021, unless Congress reauthorizes legislation to extend it. The Public Service Commission administers the Abandoned Mine Lands (AML) Program on behalf of the State of North Dakota. A federal fee on coal production funds the AML Program. Our funding has been used exclusively to reclaim high priority abandoned coal mines and our administrative costs have remained low. The federal Office of Surface Mining has consistently commended the North Dakota PSC for its efficient and effective AML Program. The attached Fact Sheet summarizes our AML program and accomplishments. Some of our most important AML work has been stabilizing undermined roads and residential areas. -
United States Court of Appeals for the Eighth Circuit ______
United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1343 ___________________________ Guardian Flight LLC Plaintiff Appellant v. Jon Godfread, in his capacity as North Dakota Insurance Commissioner; Wayne Stenehjem, in his capacity as North Dakota Attorney General Defendants Appellees ------------------------------ America's Health Insurance Plans; National Association of Insurance Commissioners Amici on Behalf of Appellee(s) ___________________________ No. 19-1381 ___________________________ Guardian Flight LLC Plaintiff Appellee v. Jon Godfread, in his capacity as North Dakota Insurance Commissioner; Wayne Stenehjem, in his capacity as North Dakota Attorney General Defendants Appellants Appellate Case: 19-1343 Page: 1 Date Filed: 03/17/2021 Entry ID: 5015428 ------------------------------ National Association of Insurance Commissioners; America's Health Insurance Plans Amici on Behalf of Appellant(s) ____________ Appeals from United States District Court for the District of North Dakota - Bismarck ____________ Submitted: June 16, 2020 Filed: March 17, 2021 ____________ Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges. ____________ WOLLMAN, Circuit Judge. Two provisions of North Dakota Senate Bill 2231 (SB 2231) are at issue in this case. The first prohibits air ambulance providers from directly billing out-of-network insured patients for any amount not paid for by their insurers (the payment provision). N.D. Cent. Code § 26.1-47-09(3). The second prohibits air ambulance providers or their agents from selling subscription agreements (the subscription provision). N.D. Cent. Code § 26.1-47-08. Guardian Flight LLC filed this declaratory judgment action, claiming that both provisions are preempted under the Airlines Deregulation Act (ADA). Defendants Jon Godfread, in his capacity as North Dakota Insurance Commissioner, and Wayne Stenehjem, in his capacity as North Dakota Attorney General, responded that, even if preempted, the provisions were saved under the McCarran-Ferguson Act. -
Dakota Download
DAKOTA DOWNLOAD Governor Burgum’s weekly update | June 8, 2018 BURGUM HIGHLIGHTS PROGRESS AT INNOVATIVE ED SUMMIT Gov. Doug Burgum, State Superintendent Kirsten Baesler and education leaders from across the state highlighted the progress made during the past year to transform educa- tion in North Dakota at the second annual Governor’s Summit on Innovative Education at Northern Cass School near Hunter. Nearly 500 people registered for summit events, which included more than a dozen speakers, breakout sessions, the first-ever #InnovativeND Awards and a 30 Hour Challenge that had groups developing and presenting solutions to current challenges in education. The free summit was sponsored by the Governor’s Office, the state Department of Public Instruction and the Bush Foundation. GOVERNOR, FIRST LADY VISIT WITH AmeriCAN INDIAN YOUTH LEADERS About 40 students in grades 8-12 attending the North Dakota Indian Youth Leadership Academy this week at the University of Mary in Bismarck received a visit Tuesday from Gov. Burgum and First Lady Kathryn Helgaas Burgum, discussing a wide range of topics including the need for more activities and options for young people, more education about Native American culture and other challenges and opportunities. Now in its ninth year, the academy is hosted by the North Dakota Indian Affairs Commission, led by Executive Direc- tor Scott Davis. The academy’s mission is to design, develop and implement a wide range of leadership programs, opportunities that will advance one’s spiritual, intellectual, emotional and physical attributes. LT. GOV. MEETS WITH TRIBE ON TAX ISSUES As efforts continue to strengthen tribal partnerships – one of the administration’s five strategic initiatives for North Dakota – Lt. -
Guardian Flight V. Godfread
Nos. 19-1343, 19-1381 IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT GUARDIAN FLIGHT, LLC, Plaintiff-Appellant/Cross-Appellee, v. JON GODFREAD, in his capacity as North Dakota Insurance Commissioner; WAYNE STENEHJEM, in his capacity as North Dakota Attorney General, Defendants-Appellees/Cross-Appellants. On Appeal from the United States District Court for District of North Dakota District Court No. 1:18-cv-007 BRIEF OF AMERICA’S HEALTH INSURANCE PLANS AS AMICUS CURIAE IN SUPPORT OF APPELLEES/CROSS-APPELLANTS Julie Simon Miller Hyland Hunt Thomas M. Palumbo Ruthanne M. Deutsch AMERICA’S HEALTH INSURANCE PLANS DEUTSCH HUNT PLLC 601 Pennsylvania Ave. NW 300 New Jersey Ave. NW South Building, Suite 500 Suite 900 Washington, DC 20004 Washington, DC 20001 Tel.: 202-868-6915 Fax: 202-609-8410 Email: [email protected] Attorneys for Amicus Curiae America’s Health Insurance Plans CORPORATE DISCLOSURE STATEMENT Under Rule 26.1 of the Federal Rules of Appellate Procedure, amicus curiae America’s Health Insurance Plans, Inc. (AHIP) submits the following corporate disclosure statement: AHIP has no parent corporation and no publicly-traded company holds 10% or more of AHIP’s stock. AHIP is a trade association whose members have no ownership interests. i TABLE OF CONTENTS CORPORATE DISCLOSURE STATEMENT .......................................................... i TABLE OF AUTHORITIES ................................................................................... iii STATEMENT OF INTEREST OF AMICUS CURIAE ............................................ -
House of Rep Daily Journal
Page 37 1st DAY TUESDAY, JANUARY 5, 2021 37 JOURNAL OF THE HOUSE Sixty-seventh Legislative Assembly * * * * * Bismarck, January 5, 2021 The House convened at 10:00 a.m., with Speaker K. Koppelman presiding. An invocation was offered by Mr. Driver of the Mandan, Hidatsa and Arikara Nation. THE HOUSE RECOGNIZED THE PRESENCE OF: Governor Doug Burgum, First Lady Kathryn Helgaas Burgum, and Lt. Governor Brent Sanford MOTION REP. LOUSER MOVED that a committee of four be appointed to escort Mark Fox, Tribal Business Council Chairman for the Mandan, Hidatsa and Arikara Nation, to the podium, and his son Elijah to a special reserved seat in the assembly, which motion prevailed. THE SPEAKER APPOINTED Reps. Jones and Buffalo, and Sens. Kannianen and Marcellais to the escort committee. TRIBAL AND STATE RELATIONSHIP ADDRESS January 5, 2021 Mark Fox Tribal Business Council Chairman, Mandan, Hidatsa, and Arikara Nation Good morning and good to see all of you. My traditional name is Sage Man from the Hidatsa language of my adopted relatives. My father was full blooded Arikara. I just want to say it's good to see everybody here. Many of you I know. I want to acknowledge everybody, of course the Governor and First Lady. Thank you for your presence here. And thank you for being here. It makes my heart feel very good. To all of legislative leadership, thank you for being here. Too many obviously to name, but I know many of you and work with many of you. Other tribal chairman are here as well. We have tribal chairman that have come as well. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 117 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION Vol. 167 WASHINGTON, TUESDAY, APRIL 13, 2021 No. 63 House of Representatives The House met at 7 p.m. and was purpose. May we in all that we encoun- A majority of the Committee did not agree called to order by the Speaker pro tem- ter this day and all days, have the faith to the appeals. pore (Ms. BARRAGA´ N). to proclaim, ‘‘the grass withers and the Sincerely, flowers fade, but the Word of our God THEODORE E. DEUTCH, f Chairman. endures forever.’’ JACKIE WALORSKI, DESIGNATION OF THE SPEAKER We pray in the strength of Your sov- Ranking Member. PRO TEMPORE ereign name. f The SPEAKER pro tempore laid be- Amen. COMMUNICATION FROM THE fore the House the following commu- f nication from the Speaker: CLERK OF THE HOUSE WASHINGTON, DC, THE JOURNAL The SPEAKER pro tempore laid be- fore the House the following commu- April 13, 2021. The SPEAKER pro tempore. Pursu- ANETTE nication from the Clerk of the House of I hereby appoint the Honorable N ant to section 11(a) of House Resolu- DIAZ BARRAGA´ N to act as Speaker pro tem- Representatives: pore on this day. tion 188, the Journal of the last day’s proceedings is approved. OFFICE OF THE CLERK, NANCY PELOSI, HOUSE OF REPRESENTATIVES, Speaker of the House of Representatives. f Washington, DC, April 13, 2021. f Hon. NANCY PELOSI, PLEDGE OF ALLEGIANCE The Speaker, House of Representatives, PRAYER The SPEAKER pro tempore. -
Sample General Election Ballot
SAMPLE GENERAL ELECTION BALLOT D STATE OF NORTH DAKOTA E CASS F 1101 Olivet Lutheran Church To vote for the candidate of your choice, you must darken the oval next to the name of that Governor and Lt. Governor Public Service Commissioner candidate. Vote for no more than ONE set of names Vote for no more than ONE name To vote for a person whose name is not printed Doug Burgum and Brent Sanford Casey D Buchmann on the ballot, you must darken the oval next to the blank line provided and write that person's Republican Party Democratic-NPL Party name on the blank line. DuWayne Hendrickson and Brian Kroshus Joshua Voytek PARTY BALLOT Republican Party Libertarian Party Shelley Lenz and Ben Vig Write-in President & Vice-President of the Democratic-NPL Party United States NO-PARTY BALLOT Vote for no more than ONE name Presidential Electors Write-in To vote for the candidate of your choice, you must darken the oval next to the name of that candidate. Jorgensen Dustin Gawrylow Martin J Riske State Auditor To vote for a person whose name is not printed Libertarian Party { Dylan Stuckey } on the ballot, you must darken the oval next to Vote for no more than ONE name the blank line provided and write that person's Patrick Hart name on the blank line. Sandy J Boehler Democratic-NPL Party Trump Ray Holmberg Republican Party Superintendent of Public Instruction { Robert Wefald } Joshua C Gallion Republican Party Vote for no more than ONE name Kirsten Baesler Heidi Heitkamp Write-in Biden Bernice Knutson Democratic-NPL Party { Warren Larson } Brandt J Dick State Treasurer Write-in Vote for no more than ONE name Thomas Beadle Write-in Representative in Congress Republican Party Vote for no more than ONE name Mark Haugen Justice of the Supreme Court Zach Raknerud Democratic-NPL Party Vote for no more than ONE name Democratic-NPL Party Jon Jay Jensen Write-in Steven James Peterson Libertarian Party Write-in Kelly Armstrong Insurance Commissioner Vote for no more than ONE name Republican Party Jon Godfread Judge of the District Court No. -
Sample General Election – Oberon – Precinct 2
SAMPLE GENERAL ELECTION BALLOT D STATE OF NORTH DAKOTA E BENSON F Precinct 2 To vote for the candidate of your choice, you must darken the oval next to the name of that Governor and Lt. Governor Public Service Commissioner candidate. Vote for no more than ONE set of names Vote for no more than ONE name To vote for a person whose name is not printed DuWayne Hendrickson and Brian Kroshus on the ballot, you must darken the oval next to the blank line provided and write that person's Joshua Voytek Republican Party name on the blank line. Libertarian Party Casey D Buchmann Doug Burgum and Brent Sanford PARTY BALLOT Democratic-NPL Party Republican Party Shelley Lenz and Ben Vig Write-in President & Vice-President of the Democratic-NPL Party United States NO-PARTY BALLOT Vote for no more than ONE name Presidential Electors Write-in To vote for the candidate of your choice, you must darken the oval next to the name of that candidate. Trump Sandy J Boehler Ray Holmberg State Auditor To vote for a person whose name is not printed Republican Party { Robert Wefald } on the ballot, you must darken the oval next to Vote for no more than ONE name the blank line provided and write that person's Patrick Hart name on the blank line. Heidi Heitkamp Democratic-NPL Party Biden Bernice Knutson Democratic-NPL Party Superintendent of Public Instruction { Warren Larson } Joshua C Gallion Republican Party Vote for no more than ONE name Kirsten Baesler Dustin Gawrylow Write-in Jorgensen Martin J Riske Libertarian Party { Dylan Stuckey } Brandt J Dick State Treasurer Write-in Vote for no more than ONE name Mark Haugen Write-in Representative in Congress Democratic-NPL Party Vote for no more than ONE name Thomas Beadle Justice of the Supreme Court Zach Raknerud Republican Party Vote for no more than ONE name Democratic-NPL Party Jon Jay Jensen Write-in Steven James Peterson Libertarian Party Write-in Kelly Armstrong Insurance Commissioner Vote for no more than ONE name Republican Party Jon Godfread Judge of the District Court No.