North Dakota Legislature
2023 Veteran Legislation Summary | Updated May 4, 2023
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.
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- Hearing: House Government and Veterans Affairs Room: Pioneer
- Budget
- National Guard Specific
A BILL for an Act to amend and reenact sections 37-01-03 and 37-01-43 of the North Dakota Century Code, relating to the operation and regulation of the North Dakota national guard.
- Law/Policy Change
- National Guard Specific
A BILL for an Act to amend and reenact section 37-01-48 of the North Dakota Century Code, relating to the payment of a death benefit to the beneficiary or next of kin of a member of the national guard who died while serving on state active duty; and to declare an emergency.
Intent of bill:
Raise death benefit from not to exceed "$15,000" to "$100,000".
A BILL for an Act to amend and reenact section 37-01-48 of the North Dakota Century Code, relating to the payment of a death benefit to the beneficiary or next of kin of a member of the national guard who died while serving on state active duty; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 37-01-48 of the North Dakota Century Code is amended and reenacted as follows:
37-01-48. Payment of death benefits. The national guard may pay a death benefit to a designated beneficiary, or to the next of kin, of a national guard service member who died while serving in a state active duty status under this chapter. The payment of a death benefit may not exceed fifteen thousand one hundred thousand dollars and is subject to available funds. The adjutant general may adopt rules to implement this section.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
- Financial
- National Guard Specific
A BILL for an Act to amend and reenact subsection 11 of section 54-52-01 of the North Dakota Century Code, relating to the definition of national guard security officer and firefighter.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 11 of section 54-52-01 of the North Dakota Century Code is amended and reenacted as follows:
11. "National guard security officer or firefighter" means a participating member who is:
a. A security police employee of the North Dakota national guard; or
b. A security officer employee of the North Dakota national guard; or
c. A firefighter employee of the North Dakota national guard.
- Law/Policy Change
- National Guard Specific
A BILL for an Act to amend and reenact section 37-01-44 of the North Dakota Century Code,
relating to the reimbursement of certain medical expenses for North Dakota national guard
members; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 37-01-44 of the North Dakota Century Code is
amended and reenacted as follows:
37-01-44. Reimbursement of certain medical expenses for North Dakota national guard members while on state active duty.
The North Dakota national guard is authorized to pay medical expenses for national guard members who are called to state active duty when the member sustains an injury or illness that is found to have occurred within the line of duty and is not covered by workforce safety and insurance and when such treatment occurred while on state active duty. Payments shall be made only for costs not covered by other health insurance. Coverage of qualifying medical expenses is subject to rules set forth by the office of the adjutant general and subject to available funds.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
- Financial
- Health & Wellbeing
- National Guard Specific
A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating the bridge on state highway 18 as the Specialist 4 Richard W. Orsund Vietnam bridge; to provide a continuing appropriation; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 24-01 of the North Dakota Century Code is created and enacted as follows:
Specialist 4 Richard W. Orsund Vietnam bridge - State highway 18 – Continuing appropriation.
The department shall designate the bridge on state highway 18 between the junction of sixty-ninth street northeast and the junction of seventieth street northeast as the Specialist 4 Richard W. Orsund Vietnam bridge and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for the placement of signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating the bridge on state highway 18 as the Specialist 4 Richard W. Orsund Vietnam bridge.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
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- Hearing: House Transportation Room: 327E
- Burial & Memorial
- Burial & Memorial: Bridge, Roadway
A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating the bridge on United States highway 81 as the Specialist 4 David LaTraille Vietnam bridge; to provide a continuing appropriation; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 24-01 of the North Dakota Century Code is created and enacted as follows:
Specialist 4 David LaTraille Vietnam bridge - United States highway 81 – Continuing appropriation.
The department shall designate the bridge on United States highway 81 in Grafton between the junction of park street and the junction of Cashel street as the Specialist 4 David LaTraille Vietnam bridge and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for the placement of signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating the bridge on United States highway 81 as the Specialist 4 David LaTraille Vietnam bridge.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
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- Hearing: House Transportation Room: 327E
- Burial & Memorial
- Burial & Memorial: Bridge, Roadway
A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating the overpass on United States highway 52 as the S/Sgt. Miles Shelley WWII overpass; to provide a continuing appropriation; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 24-01 of the North Dakota Century Code is created and enacted as follows:
S/Sgt. Miles Shelley WWII overpass - United States highway 52 – Continuing appropriation.
The department shall designate the overpass on United States highway 52 over the railway in Carrington between the junction of state highway 200 and the junction of second street north as the S/Sgt. Miles Shelley WWII bridge and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for the placement of the signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating the overpass on United States highway 52 as the S/Sgt. Miles Shelley WWII bridge.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
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- Hearing: House Transportation Room: 327E
- Burial & Memorial
- Burial & Memorial: Bridge, Roadway
Intent of bill:
Expand special allocation of hunting licenses availability from 501(c) 3 to include 501(c)19 (veteran) and others.
Current law allows ND Game and Fish to provide by special lottery up to 2 Elk, 2 Moose, 2 Antelope and 10 White tailed deer licenses to non profit organizations.
- Appreciation: Hunting and Fishing
Intent of bill:
Provide provisional licensure process for members and spouses of active-duty military members, veterans and spouses.
SECTION 27. A new section to chapter 43-11 of the North Dakota Century Code is created and enacted as follows:
Applications to practice cosmetology - Active-duty military members - Veterans - Spouses.
1. Active-duty military members, spouses of active-duty military members, veterans, and spouses of veterans, are eligible for provisional licensure under this chapter.
2. Active-duty military members and spouses of active-duty military members are exempt from having to take an examination to practice under this chapter while on active-duty status, upon filing the following:
a. A board-approved application;
b. Proof the applicant holds an active license in good standing, or an equivalent, to practice cosmetology in another state, or territory of the United States, for the two years immediately preceding the application, and the applicant's license remains active and in good standing in the original jurisdiction; and
c. In the case of:
(1) An application from an active-duty military member, a copy of the member's current military orders or current military identification card; or
(2) An application from a spouse of an active-duty military member, provide the following:
(a) Proof the applicant is married to an active-duty military member by providing a copy of a marriage certificate; and
(b) Proof the spouse is assigned to a duty station in this state by providing a copy of the official active-duty military orders or proof the spouse has been assigned to active duty in a foreign country and the applicant is relocating to the state during the spouse's deployment.
3. A provisional license issued under subsection 2 must be:
a. Valid for three years from the date of original issuance;
b. Renewable with proof military orders continue to be active in the state; and
c. Issued without a fee.
4. For six months following honorable discharge from active duty, veterans and spouses of veterans are exempt from having to take an examination to practice under this chapter and may be issued a provisional license upon filing the following:
a. A board approved application;
b. Proof the applicant holds an active license in good standing, or an equivalent to practice cosmetology in another state or territory of the United States, for the two years immediately preceding the application, and the applicant's license remains active and in good standing in the original jurisdiction; and
c. In the case of:
(1) An application from a veteran, a copy of the members discharge papers.
(2) An application from a spouse of a veteran, provide the following:
(a) Proof the applicant is married to the veteran by providing a copy of a marriage certificate; and
(b) A copy of the spouse's discharge papers.
5. A provisional license issued under subsection 4 must be:
a. Valid for three years from the date of original issuance;
b. Nonrenewable; and
c. Issued without a fee.
6. If discharge of the veteran occurred more than six months prior, veterans and spouses of veterans may be eligible to obtain a license to practice cosmetology in the state under section 43 - 11 - 25.
7. The board shall prioritize and expedite an application received under this section from an active-duty military member, the spouse of an active-duty military member, a veteran, spouse of a veteran, or the surviving spouse of a veteran. The board shall record, track, and monitor applications under this section.
- Employment
- Law/Policy Change
- Military Families Top Ten Key Issues
Intent of bill:
Amend NDCC 37-01 Veterans Aid Loan to allow the maximum loan amount to be $8,000.
Need for bill:
- The national average amount of an unsecured loan in 2024 is $8,018. Source: Transunion: Q4 2022 Quarterly Credit Industry Insights Report (CIIR). Personal Loan Statistics: Average Rates And Debt In 2023 – Forbes Advisor
- Inflation rates have increased dramatically in recent years.
- Requests for higher loan amount from veterans has increased.
- Loan amount not enough to cover needs of applicants resulting in fewer loan applications.
- History of loan amount increases.
- 1943 Established Veterans Aid Commission and $75,000 Fund. $300 Loan. (HB 94)
- 1947 Amend loan to $500
- 1981 increased from $500 to $2,000. (34 years)
- 2001 increased from $2,000 to $5,000. (24 years)
Outcome of bill:
Allowable maximum loan amount will be $8,000.
A BILL for an Act to amend and reenact sections 37-14-04 and 37-14-06 of the North Dakota Century Code, relating to the veterans' aid fund.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 37-14-04 of the North Dakota Century Code is amended and reenacted as follows:
37-14-04. Veterans' aid fund - Purpose.
The purpose of the veterans' aid fund is to make loans to any veteran and to a surviving spouse of a veteran. A qualified applicant may be permitted to receive more than one loan providing the total amount of all loans does not exceed fiveeight thousand dollars.
SECTION 2. AMENDMENT. Section 37-14-06 of the North Dakota Century Code is amended and reenacted as follows:
37-14-06. Department may provide aid.
If the department of veterans' affairs is satisfied that an applicant is a veteran or the surviving spouse of a veteran and has not remarried, and that the applicant is a citizen and resident of this state, and that the applicant meets the criteria set forth in rules adopted pursuant to section 37-14-10 regarding qualifications to obtain a loan, the department may loan to the applicant a sum from the veterans' aid fund not to exceed fiveeight thousand dollars. Additional loans may be made to an applicant if the applicant still meets the loan criteria and if the total of all loans does not exceed fiveeight thousand dollars. If an applicant is provided more than one loan, the amounts will be consolidated into one payment.
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- PASSED HOUSE 90-0-4 HJ 282
- Financial
- Financial: Veterans Aid Loan Fund
- Law/Policy Change
- National Guard Specific
A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating the bridge on south state avenue in Dickinson as the Specialist Jon P. Fettig Iraq bridge; to provide a continuing appropriation; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 24-01 of the North Dakota Century Code is created and enacted as follows:
Specialist Jon P. Fettig Iraq bridge - South state avenue - Continuing appropriation. The department shall designate the bridge on south state avenue in Dickinson between the junction of fifth street southwest and the junction of second street southwest as the Specialist Jon P. Fettig Iraq bridge and shall place signs along the avenue designating that name. The department may accept any appropriate signs or funds donated to the department for the placement of signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating the bridge on south state avenue as the Specialist Jon P. Fettig Iraq bridge.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
- Burial & Memorial
- Burial & Memorial: Bridge, Roadway
- National Guard Specific
A BILL for an Act to amend and reenact section 20.1-03-12 of the North Dakota Century Code, relating to fees for game and fish licenses and permits.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 20.1-03-12 of the North Dakota Century Code is
amended and reenacted as follows:
20.1-03-12. Schedule of fees for licenses and permits.
54. For a resident disabled veteran combined general game, habitat stamp, small game,
and fur-bearer license, for a resident disabled veteran who has a fifty percent service-
connected disability as determined by the department of veterans' affairs, three
dollars.
- Appreciation: Hunting and Fishing
- Financial
- Law/Policy Change
A BILL for an Act to create and enact a new section to chapter 1-03 of the North Dakota Century Code, relating to military appreciation month.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 1-03 of the North Dakota Century Code is created
and enacted as follows:
Military Appreciation Month.
May of each year is Military Appreciation Month. Each year the governor shall issue a proclamation on May first in honor of the men and women of the United States ArmedForces who have served and are now serving, and the significant contributions and incredible sacrifices they have made and continue to make in the defense of this nation and the preservation of our freedom.
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- Hearing: House Government and Veterans Affairs Room: Pioneer
- Appreciation of Veterans and Military
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 37-14 of the North Dakota Century Code is created and enacted as follows:
Compensation for advising on veterans' benefits prohibited - Limitations - Penalty.
1. As used in this section:
a. "Compensation" means payment of any money, thing of value, or financialbenefit.
b. "Veterans' benefits matter" means the preparation, presentation, or prosecution of any claim or appeal affecting an individual who has filed or expressed an intent to file a claim for a benefit, program, service, commodity, function, status, or an entitlement which is determined under the laws and regulations administered by the United States department of veterans affairs or the United States department of defense pertaining to a veteran, a veteran's dependent or survivor, or any other individual eligible for such benefit.
2. A person may not:
a. Receive compensation for referring an individual to another person to advise or assist the individual with any veterans' benefits matter.
b. Guarantee to an individual a specific veterans' benefit, including any level, percentage, or amount of veterans' benefit, either directly or by implication.
c. Receive excessive or unreasonable fees as compensation for advising or assisting an individual with a veterans' benefits matter.
3. A person seeking to receive compensation for advising or assisting an individual with a veterans' benefits matter shall memorialize all terms regarding the individual's payment of fees for services rendered in a written agreement.
4. A person seeking to receive compensation for advising or assisting an individual with a veterans' benefits matter shall provide the following disclosure at the outset of the business relationship:
This business is not sponsored by, or affiliated with, the United States departmentof veterans' affairs or the state department of veterans' affairs, or any other federally chartered veterans' service organization. Other organizations including the state department of veterans' affairs, a local veterans' service organization, and other federally chartered veterans' service organizations may be able to provide you with this service free of charge. Products or services offered by this business are not necessarily endorsed by any of these organizations. You may qualify for other veterans' benefits beyond the benefits for which you are receiving services here.
5. The written disclosure under subsection 4 must appear in at least twelve-point font in an easily identifiable location in the person's agreement with the individual seeking services. The individual shall sign the document in which the written disclosure appears to represent an understanding of these provisions. The person offering services shall retain a copy of the written disclosure while providing veterans' benefits services for compensation to the individual and for at least one year after the date on
which the service relationship terminates.
6. A person seeking to receive compensation for advising or assisting a veteran in connection with an initial claim for benefits may not:
a. Receive any compensation for any services rendered in connection with any claim filed within a one-year presumptive period of active-duty release, unless the veteran acknowledges by signing a waiver that the veteran is within this period and chooses to deny free services available to the veteran.
b. Receive compensation that is not purely contingent on an increase in benefits awarded or which exceeds five times the amount of the monthly benefits awarded.
c. Receive initial or nonrefundable fees.
d. Use international call centers or data centers for processing veterans' personal information.
e. Use a veteran's personal login, username, or password information to access a veteran's medical, financial, or government benefits information.
f. Allow an individual access to a veteran's medical or financial information until the individual successfully completes a background check. The background check must be conducted by a reputable source and include identity verification and a criminal records check.
7. A violation of this section is an unlawful practice in violation of section 51-15-02 and subject to a civil penalty under section 51-15-11.
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- Hearing: House Government and Veterans Affairs Room: Pioneer
- Financial
- Law/Policy Change
A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating the bridge on state highway 31 north of New Salem as the Specialist Dennis Ferderer Jr. Iraq bridge; and to provide a continuing appropriation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 24-01 of the North Dakota Century Code is created and enacted as follows:
Specialist Dennis Ferderer Jr. Iraq bridge - State highway 31 - Continuing appropriation.
The department shall designate the bridge on state highway 31 north of New Salem between the junction of thirty-third street and the junction of thirty-second street as the Specialist Dennis Ferderer Jr. Iraq bridge and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for the placement of signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating the bridge on state highway 31 as the Specialist Dennis Ferderer Jr. Iraq bridge.
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- Hearing: House Transportation Room: 327E
- Burial & Memorial: Bridge, Roadway
Intent of bill:
Clarify VA "individual unemployability" for ND benefits under NDCC:
A BILL for an Act to amend and reenact subsection 1 of section 15-10-18.2, subsection 2 of section 37-19.1-03, subdivision j of subsection 2 of section 39-04-18, subsection 1 of section 57-02-08.8, and subsection 1 of section 57-40.3-04 of the North Dakota Century Code, relating to eligibility for certain veteran earned benefits; and to provide an effective date.
- Tuition Waiver
- Property Tax Credit
- Vehicle Registration and Excise Tax Exemption
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- Hearing: House Government and Veterans Affairs Room: Pioneer
- Appreciation: Hunting and Fishing
- Education
- Financial
- Financial: Property Tax
- Financial: Vehicle License and Tax
- Law/Policy Change
A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to the creation of the fallen military service members bridge committee; and to provide a continuing appropriation
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 24-01 of the North Dakota Century Code is created and enacted as follows:
Fallen military service members bridge committee - Continuing appropriation.
1. There is created the fallen military service members bridge committee. The committee shall consider the naming of bridges and overpasses within the state's jurisdiction in honor of nominated military service members who have fallen in service to the UnitedStates.
2. The committee shall:
a. Create an application process for the submission of nominations;
b. Accept nomination applications from the public; and
c. Meet each October to review and select up to six nomination applications.
3. The department shall provide staffing and administrative services for the committee.
4. The committee consists of the following members or their designee:
a. The director of the department of transportation as chairman of the committee;
b. The adjutant general; and
c. The commissioner of the department of veterans' affairs.
5. Following the selection of a nomination application, the committee shall accept input from veterans groups and the families of fallen military service members to arrange signage, a signage overpass selected by the committee to be named in honor of a military service member.
6. The department may accept any appropriate signs or funds donated to the department for the placement of signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs to the bridges and overpasses selected by the committee.
- ACOVA
- Burial & Memorial: Bridge, Roadway
A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating a portion of state highway 18 as the PFC. Henry Gurke memorial highway; and to provide a continuing appropriation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 24-01 of the North Dakota Century Code is created and enacted as follows:
PFC. Henry Gurke memorial highway - State highway 18 - Continuing appropriation.
The department shall designate state highway 18 from the intersection of state highway 5 to the Canadian border as the PFC. Henry Gurke memorial highway and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for placement of the signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating state highway 18 as the PFC. Henry Gurke memorial highway.
- Burial & Memorial: Bridge, Roadway
A BILL for an Act to create and enact a new section to chapter 24-01 of the North Dakota Century Code, relating to designating a portion of state highway 5 in Bottineau as the LCDR Carl J. Woods Vietnam bridge; to provide a continuing appropriation; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 24-01 of the North Dakota Century Code is created and enacted as follows:
LCDR Carl J. Woods Vietnam bridge - State highway 5 - Continuing appropriation.
The department shall designate the portion of highway on state highway 5 in Bottineau between the junction of thompson street and the junction of brander street as the LCDR Carl J. Woods Vietnam bridge and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for the placement of signs. Any donated funds are appropriated to the department on a continuing basis for the purpose of providing signs designating the portion of highway on state highway 5 as the LCDR Carl J. Woods Vietnam bridge.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
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- Hearing: House Transportation Room: 327E
- Burial & Memorial: Bridge, Roadway