Legislation

Amended: Definitions

• added “ND Resident” to definition of a veteran and removed “ND resident” from body of law.

Amend appeals. Added:

• Include employers’ letter of refusal to hire
• Appeal must 
  • be in writing to NDDVA Commissioner. Copy sent to hiring agency.
  • Identify the employer/agency.
• Updated appeal timelines and procedures

Added definitions: 

• Chief Deputy and Private Secretary

Added to exempted positions

• Chancellor and Vice Chancellor of board of higher education
• President, executive deans, vice presidents, assistant to the president, provosts and instructors of board institutions.

CHAPTER 365 

HOUSE BILL NO. 1101 

(Government and Veterans Affairs Committee) 

(At the request of the Adjutant General) 

PERSIAN GULF WAR COMPENSATION 

AN ACT to amend and reenact subsection 6 of section 37-26-01 of the North Dakota Century Code, relating to the definition of "period of service" for adjusted compensation paid to national guard and reserve veterans of the Persian Gulf War. 

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: 

SECTION 1. AMENDMENT. Subsection 6 of section 37-26-01 of the 1991 Supplement to the North Dakota Century Code is amended and reenacted as follows: 6. "Period of service" means the period of time beginning August 2, 1990, and ending ending on a date prescribed by the president or the congress for the cessation of hostilities in the Persian Gulf June 30, 1993

Approved March 11, 1993 

Filed March 12, 1993

CHAPTER 366 

HOUSE BILL NO. 1389 

(Representatives Belter, Gerntholz, Hokana) 

Senators Nelson, Wogsland, Dotzenrod) 

VETERANS' ADJUSTED COMPENSATION MILITARY 

AN ACT to provide for adjusted compensation to certain veterans of the Persian Gulf War, Grenada, Lebanon, and Panama armed conflicts and for the method of filing and payment of claims, duties of the adjutant general, and exemption from taxation and execution for the payments; to provide a penalty; and to declare an emergency.

(See below link to review full bill)

CHAPTER 364 

SENATE BILL NO. 2119 

(Government and Veterans Affairs Committee) 

(At the request of the Department of Veterans' Affairs) 

VIETNAM VETERANS' PROGRAMS REPEAL MILITARY 

AN ACT to repeal chapters 37-24, 37-25, and 54-17.1 of the North Dakota Century Code, relating to Vietnam veterans' educational assistance, Vietnam conflict veterans' adjusted compensation, and Vietnam veterans' bonus bond issue. 

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: 

SECTION 1. REPEAL. Chapters 37-24, 37-25, and 54-17.1 of the North Dakota Century Code are repealed. 

Approved March 10, 1993 

Filed March 11, 1993

Amended: Removed from section 4 verbiage on established personnel system “… under which it maintains a register of persons eligible for employment and from which it certifies a prescribed number of names to that particular agency or governmental agency, must be…”

An ACT to amend and reenact section 37-15-02 and subsection 3 of section 37-15-14.1 of North Dakota Century Code, relating to the object of the veterans' home and membership contributions for residents of the veterans' home.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 37-15-02 of the North Dakota Century Code is hereby amended and reenacted to read as follows: 

37-15-02. Object of veterans' home. The object of the veterans' home is to provide domiciliary and long-term care as defined under chapter 23-16 for:

1. All veterans as defined in section 37-01-40 and all honorably discharged soldiers of the North Dakota national guard who heretofore or hereafter may become permanently disabled from any cause while in line and discharge of duty.
2. The spouses and surviving spouses of those mentioned in subsection 1 if they meet the requirements for admission under section 37-15-10. 

SECTION 2. AMENDMENT. Subsection 3 of section 37-15-14.1 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

3. All moneys received as a result of charging the membership contribution authorized by subsection 1 must be deposited in a special fund in the state treasury to be known as the "veterans' home improvement fund". The fund must be invested by the state investment board in the manner provided in chapter 21-10, and all income received, less amounts deducted pursuant to section 21-10-10, must be deposited in, or reinvested for the benefit of, the veterans' home improvement fund. Moneys in the veterans' home improvement fund must, subject to and following legislative appropriations, be expended only for expansion of present facilities of the home, for development of new facilities, for enrichment of living conditions, or for additional care for members of the home, as such expansion, development, enrichment, or additional care is deemed necessary by the administrative committee. The office of management and budget shall prepare the warrant-checks. 

An ACT to amend and reenact sections 37-14-03.3, 37-14-04, 37-14-05, 37-14-06, and 37-14-07 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 37-14-03.3 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-14-03.3 Revolving fund. The sum of seven hundred thousand dollars is a permanent revolving fund of the veterans' aid fund and may not revert to the general fund and must be solely used for the purpose of making loans to any veterans as defined by section 37-01-40 and to a surviving spouse of a veteran if the spouse has not remarried. This section does not prohibit the department of veterans' affairs, in its discretion, from using any interest the fund accrues or has already earned or accrued to collect loans if in the opinion of the department a person has the financial means to repay, and that person deliberately refuses to do so. 

Section 2. Amendment. Section 37-14-04 of the North Dakota Century Code is hereby amended and reenacted to read as follows: 

37-14-04. Veterans' aid fund - Purpose. The purpose of the veterans' aid fund is to make loans or advancements to any veteran as defined by section 37-01-40 and to a surviving spouse of a veteran if the spouse has not remarried. A qualified applicant may be permitted to make more than one loan providing the applicant has satisfied payment requirements of a previous loan. 

Section 3. Amendment. Section 37-14-05 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-14-05. Application for aid. A qualified person may apply to the department of the veterans' affairs in such form as it provides, wither while the applicant is waiting for relief or assistance from another agency, state or federal, or for further assistance for the applicant's education, or otherwise. 

Section 4. Amendment. Section 37-14-06 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-14-06. Department may provide aid. If the department of veterans' affairs is satisfied that an applicant is a veterans, as defined by section 37-01-40, or the surviving spouse of a veteran and has not remarried, and that the applicant is a citizen and resident of this state, the department may loan to the applicant, or a guardian of the applicant, a sum from the veterans' aid fund not to exceed two thousand dollars. 

Section 5. Amendment. Section 37-14-07 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-14-07. Repayment to be made to aid fund. Upon the granting of an application and at the time of disbursement, the applicant, or the applicant's legally appointed guardian, shall execute an agreement with the department of veterans' affairs that within a specified period of not to exceed four years from the date of the receipt of the last item of the advancement, the applicant will repay to the state for the use of the veterans' aid fund the full amount of all advancements made to the applicant with interest as provided in rules adopted under section 37-14-10, but not to exceed ten percent annually. One-half of the interest must be waived if timely repayment is made to the fund. The department may take necessary legal action to collect, compromise, or settle loans if in the opinion of the department the person has the financial means to repay, and the person deliberately refuses to do so. The department may release from financial liability any person it determines is financially unable to repay the loan through no fault of the person. 

AN ACT to create an enact a new section to chapter 37-03 of the North Dakota Century Code, relating to the establishment of a state veterans' cemetery; and to provide an appropriation.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new section to chapter 37-03 of the North Dakota Century Code is hereby created and enacted to read as follows:

North Dakota veterans' cemetery - Administration. The adjutant general shall establish and operate the North Dakota veterans' cemetery, which that adjutant general shall locate within or adjacent to Fort Abraham Lincoln state park. The adjutant general may accept and utilize private and federal funds to establish and operate the veterans' cemetery. The adjutant general. with the approval of the governor, may enter into an agreement with the director of the state parks and recreation department for the maintenance of the cemetery. The adjutant general shall provide lots in the state veterans' cemetery for the internment of deceased members of the national guard and veterans, and their spouses, minor children, and unmarried adult children who were physically or mentally disabled and incapable of self-support. The adjutant general may adopt, amend, or rescind any rules under chapter 28-32 as deemed necessary to implement and administer this section.

SECTION 2. APPROPRIATION. There is hereby appropriated any funds received by the adjutant general from federal and private sources for the purpose of constructing and operating the North Dakota veterans' cemetery at or adjacent to Fort Abraham Lincoln state park for the biennium beginning July 1, 1989, and ending June 30, 1991. 

An ACT to amend and reenact section 37-14-18 of the North Dakota Century Code, relating to county veterans service officer appointment and duties.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 37-14-18 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-14-18. County Veterans' service officer - Appoint - Duties. The board of county commissioners of each county of the state of North Dakota may appoint, employ, and pay, on a full-time or part0time basis, an officer to be known as a county veterans' service officer. Such appointment shall, be made with the prior advice of the commissioner of veterans' affairs, and in accordance with veterans' preference as provided in 37-19.1-02. It shall be the duty of such county veterans' service officer to become acquainted with the laws, both state and federal, enacted for the benefit of returning servicemen and servicewomen to assist such returning members of the armed forces in the presentation, proof and establishment of such claims, privileges, and rights as they have. It also shall be the duty of the county veterans' service officer, under the supervision of the state commissioner of veterans' affairs, to actively cooperate with and to coordinate the activities of the state and federal agencies within the county which the officer serves to facilitate their operation and ensure promptness in the solution of the problems concerned with the reestablishment of returning servicemen and servicewomen in civilian pursuits. 

An Act to amend and reenact sections 37-07.1-03, 37-07.1-05, 37-07.1-06, and 37-07.2-01 of the North Dakota Century Code, relating to national guard tuition waivers and grants.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA: 

Section 1. Amendment. Section 37-07.1-03 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-07.1-03. Tuition assistance - Waiver of tuition fees - Terms. Ay qualifying members of the national guard who enrolls in any state-controlled school may, subject to the limitations of available appropriated funds and subject to national guard rules that may be promulgated by the adjutant general, receive tuition assistance in an amount not to exceed fifty percent of the tuition fees charged by the school. In addition, the qualifying member may be entitled to the waiver of an amount, as determined by the adjutant general pursuant to national guard rules, not to exceed twenty-five percent of the tuition fees of the school and not to exceed twenty-five percent of the tuition fees of the school and not to exceed fifty percent of the amount of tuition assistance paid by the adjutant general. The tuition assistance and waiver are valid only so long as the member of the national guard maintains satisfactory performance with the guard, meets the qualification requirements of rules promulgated by the adjutant general, and pursues a course of study in a manner which satisfies the normal requirements of the school. 

Section 2. Amendment. Section 37-07.1-05 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-07.1-05. Application for waiver. It is the responsibility of the individual member of the national guard to obtain a certificate from the adjutant general or the adjutant general's designee attesting to satisfactory guard performance and describing qualification requirements, and to present the certificate to the school in order to obtain a waiver of tuition fees. The certification must be accomplished at the time of the enrollment for each semester or academic term for which a waiver of tuition fees is requested. 

Section 3. Amendment. Section 37-07.1-06 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-07.1-06. Reimbursement of tuition fee waived Tuition- Assistance payments. The adjutant general may make tuition assistance payments directly and certify the qualifying amount of tuition to be waived to the appropriate school for credit to the account of the enrolled member. The amount of tuition to be waived shall not exceed fifty percent of the tuition assistance payments made by the adjutant general. 

Section 4. Amendment. Section 37-07.2-01 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-07.2-01. National guard tuition grants - terms of grants. Any qualifying member of the national guard who enrolls in any private nonprofit college or university in North Dakota granting a four-year baccalaureate degree may, subject to the limitations of available appropriated funds and subject to national guard rules that may be promulgated by the adjutant general, receive a grant in an amount not to exceed fifty percent of the tuition fees charged by the school, but not in excess of the tuition for similar courses and credit hours at the university of North Dakota. Any private nonprofit college or university that agrees to participate in such a program must waive tuition for qualifying national guardsmen in an amount, as determined by the adjutant general pursuant to national guard rules, not to exceed twenty-five percent of the tuition for similar courses and credit hours at the university of North Dakota. The use of the grant may not be restricted to the payment of tuition fees by the member of the national guard. These grants must be distributed according to rules promulgated by the adjutant general and are available only so long as the member maintains satisfactory performance with the guard, meets the qualification requirements of the rules, and pursues a course of study which satisfies the normal requirements of the school. As used in this chapter the word "tuition" has the same meaning as provided in section 37-07.2-02.

AN ACT  to amend and reenact section 37-15-10.1 and subsection 1 od section 37-18.1-03 of the North Dakota Century Code, relating to the priorities for admission to the veterans' home and the makeup of the subcommittees of the administrative committee on veterans' affairs.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 37-15-10.1 of the 1985 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-15-10.1 Priorities for admission to veterans' home. If the veterans' home is full and a waiting list for admission is necessary, further admission to the veterans' home must be according to the following listing of priorities, so long as the individual meets the admission requirements of sections 37-15-02 and 37-15-10:

1. Veterans with service-connected disability.
2. American ex-prisoners of war.
3. Wartime veterans with nonservice-connected disability.
4. Wartime veterans.
5. Discharged North Dakota national guard members who became disabled in the line and discharge of duty.
6. Veterans with nonservice-connected disability.
7. Veterans.
8. Spouses.
9. Surviving spouses. 

An individual whose priority is higher than another individual's must be admitted before that other individual. 

SECTION 2. AMENDMENT.  subsection 1 of section 37-18.1-03 of the 1985 supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

1. The chairman and secretary of the committee, acting jointly, shall appoint from the voting membership of the committee, two subcommittees: a subcommittee to be responsible for supervision and government of the veterans' home, and a subcommittee to be responsible for supervision and government of the department of veterans' affairs. Once appointed, a subcommittee member shall continue to serve as long as he remains a voting member of the committee, unless removed from the subcommittee by the committee chairman and secretary, acting jointly. In no case shall any one voting member serve on both subcommittees at the same time, and each nominating organization listed in section 37-18.1-01 shall have at least one voting member nominated by it serving on each subcommittee. From the membership of each subcommittee, a chairman will be selected by majority vote to preside over it for the term of one year. No person shall be permitted to serve as chairman of the committee and as chairman of a subcommittee simultaneously. A majority of the members of the subcommittee shall be required for a quorum, and a majority of the members present voting in favor thereof shall be required for any action. 

AN ACT to amend and reenact section 37-18.1-01 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-18.1-01. Administrative committee on veterans' affairs - Membership - Appointment. There is hereby created an administrative committee on veterans' affairs, which, for purposes of this chapter, shall hereinafter be referred to as the committee. The committee shall consist of four ex officio nonvoting members and fifteen voting members. The adjutant general, the center director of the veterans' administration, the executive director of job service North Dakota, and the director of institutions shall be the ex officio nonvoting members who shall serve in an advisory capacity to the committee. On or before June 20, 1971, the American legion, the veterans of foreign wars, the disabled American veterans, the veterans of world war II, Korea, Vietnam, (amvets), and Vietnam veterans' of America, incorporated, shall each prepare a list containing the names of six persons qualifying as veterans under the provisions of section 37-91-40, for appointment as voting members of the committee. On or before July 1, 1971, the governor shall select fifteen nominees, three from each list, five of whom shall be appointed to a term of three years, five of whom shall be appointed to a term of two years, and five of whom shall be appointed to a term of one year, or until their successors are appointed and qualified. On or before the twentieth day of June in each year, beginning in the year 1972, each of the above-listed nominating organizations shall submit a list containing the names of two persons who qualify as veterans under the provisions of section 37-01-40, to the governor for appointment or reappointment as voting members of the committee. On or before the first day of July in each year, beginning in the year 1972, the governor shall select one nominee from each list, a total of five nominees, to fill expiring terms of voting members of the committee. Each such appointment shall be for a term of three years, or until a successor is appointed and qualified. All terms shall begin on the first day of July and end on the thirtieth fay of June in the year specified. In case of the inability or failure of any voting member of the committee to serve, the governor shall appoint another member from a list of two persons qualifying as veterans under the provisions of section 37-01-40, submitted by the nominating organization represented by the member who was unable or failed to serve. Such appointments shall be made for the remainder of the unexpired term.  

AN ACT to amend and reenact sections 37-14-03.3 and 17-14-07 of the North Dakota Century Code, relating to the veterans' aid fund and the uses of the interest from the fund for the purpose of collecting delinquent loans, and relating to the ability of the department of veterans' affairs to collect and compromise veterans' aid fund loans. 

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 37-14-03.3 of the 1981 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-14-03.3. Revolving fund. Such sum of seven hundred thousand dollars shall be a permanent revolving fund of the veterans' aid fund and shall not revert to the general fund and shall be used solely for the purpose of making loans to any veteran of the armed forces of the United States who served in World War II, the Korean conflict, or during hostilities in Vietnam, as defined by section 37-01-40; however, nothing in this section prohibits the department of veterans' affairs, in its discretion, from using any interest the fund accrues or has already earned or accrued for the purposes of collecting loans if in the opinion of the department the veteran has the financial means to repay, and he deliberately refuses to do so. 

SECTION 2. AMENDMENT. Section 37-14-07 of the 1981 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-14-07. Repayment to be made to aid fund. Upon the granting of such an application and at the time of such disbursement, the applicant, or his legally appointed guardian, shall be required to execute an agreement with the department of veterans' affairs that within a period of two years from the date of the receipt of the last item of such advancement he will repay to the state of North Dakota for the use of veterans' aid fund the full amount of all advancements made to him with interest as provided in rules and regulations adopted pursuant to section 37-14-10, but not to exceed ten percent annually. One-half of the interest shall be waived if timely repayment is made to the fund. The department shall have the authority to take necessary legal action to collect, compromise, or settle loans if in the opinion of the department the veteran has the financial means to repay, and he deliberately refuses to do so. The department shall also have the authority to release from financial liability any veteran whom it determines is financially unable to repay the loan through no fault of the veteran's. 

AN ACT to amend and reenact subsection 2 of section 37-16-02 and subsection 3 of section 37-15-10 of the North Dakota Century Code, relating to admission to the North Dakota soldier's home; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Subsection 2 of section 37-15-02 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

2. he spouses and surviving spouses of those mentioned in subsection 1 providing they meet the requirements for admission under the provisions of section 37-15-10.

SECTION 2. AMENDMENT. Subsection 3 of section 37-15-10 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

3. the spouse or surviving spouse of those mentioned in subsection 1 of section 37-15-02 may be admitted upon the same footing as the veteran; provided, however, that such spouse of surviving spouse shall have entered into the contract of marriage to the veteran at least five years prior to date of application and shall have attained the age of forty-five years at date of application. 

SECTION 3. EMERGENCY. This Act is hereby declared to be an emergency measure and is in effect from and after its passage and approval.

Amend and reenact subsection 2 of section 37-19.1-02 of the North Dakota Century Code, relating to the preference given to qualified veterans in public employment.

AN ACT to amend and reenact subsection 2 of section 37-19.1-02 of the North Dakota Century Code, relating to the preference given to qualified veterans in public employment.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA: 

SECTION 1. AMENDMENT. Subsection 2 of section 37-19.1-02 of the 1977 supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

2. when a veteran shall apply for appointment or employment under subsection 1, the officer, board, or person whose duty it is to appoint or employ a person to fill the available position shall, except where the veteran has been qualified for the position applied for under a personnel system, investigate the qualifications of the veteran. If the veteran is found to possess the qualifications required for the position applied for, whether educational or by way of prior experience, and is physically and mentally able to perform the duties of the position applied for, the officer, board, or person shall appoint or employ the veteran. 

CHAPTER 476 

SENATE BILL NO. 2320 

(Lips, Goodman) 

VIETNAM BONUS TAX REPEAL 1333 

AN ACT to amend and reenact section 54-17.1-12 of the North Dakota Century Code, relating to taxes, appropriations, and transfers for purposes of repaying the Vietnam veterans adjusted compensation bonds; to repeal section 57-38-30.2 of the North Dakota Century Code, relating to the Vietnam veteran surtax; to provide an appropriation; stating legislative intent concerning the authority of the industrial commission; to provide an effective date; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA: 

• SECTION 1. AMENDMENT.) Section 54-17.1-12 of the 1973 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:
• 54-17.1-12. APPROPRIATIONS AND TRANSFERS IRREPEALABLE.) All appropriations and transfers provided to pay bonds issued under the provisions of this chapter and interest thereon shall not be repealed until such bonds and interest are fully paid. 

SECTION 2. REPEAL.) Section 57-38-30.2 of the 1973 Supplement to the North Dakota Century Code is hereby repealed.

SECTION 3. APPROPRIATIONS.) There is hereby appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of $17,000,000.00, or so much thereof as may be necessary, to the sinking fund for the payment of North Dakota general obligation bonds, conflict adjusted compensation series, which were issued pursuant to chapter 54-17.1 of the North Dakota Century Code, for the purpose of payment of such bonds and interest thereon. 

SECTION 4. LEGISLATIVE INTENT - INDUSTRIAL COMMISSION AUTHORITY- INVESTMENT BY BANK OF NORTH DAKOTA.) 

1. The legislative assembly intends that the moneys appropriated by section 3 of this Act, and other moneys in the sinking fund, may be expended by the industrial commission to purchase, in the open market or by negotiation, outstanding Vietnam conflict adjusted compensation bonds, of either or both series, at such times as the commission sees fit. The industrial commission is hereby authorized to purchase and retire the aforementioned bonds whenever the commission shall judge that it is financially in the best interest of the state to do so.

2. The Bank of North Dakota, on behalf of the state treasurer, shall invest the moneys appropriated by section 3 of this Act, consistent with the provisions of section 21-10-07, at the best possible rate of interest, and all interest earned thereby shall be deposited to the credit of the sinking fund created by section 54-17.1-07 for use in meeting bond principal and interest payments as they come due. 

SECTION 5. EFFECTIVE DATE.) The provisions of this Act shall be effective for all taxable years beginning on or after January 1, 1975. 

SECTION 6. EMERGENCY.) This Act is hereby declared to be an emergency measure and shall be in full force and effect from and after its passage and approval. 

Approved April 8, 1975

CHAPTER 468 

HOUSE BILL NO. 1429 

(Wilkie, Dornacker) 

MILITARY PAY INCOME TAX EXEMPTION TAXATION 

AN ACT to create and enact a new subdivision to subsection 1 of section 57-38-01.2 of the North Dakota Century Code and to repeal section 57-46-01 of the North Dakota Century Code, relating to military income exempt from the income tax; and to provide an effective date. 

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA: 

SECTION 1.) A new subdivision to subsection 1 of section 57-38-01.2 of the North Dakota Century Code is hereby created and enacted to read as follows: 

Reduced by any amount, up to a maximum of one thousand dollars, received by any person as payment for services performed while on active duty in the armed forces of the United States or as payment for attending periodic training meetings for drill and instruction as a member of the national guard or of a reserve unit of the armed forces of the United States. 

SECTION 2. REPEAL.) Section 57-46-01 of the North Dakota Century Code is hereby repealed effective for all taxable years beginning on or after January 1, 1973. 

SECTION 3. EFFECTIVE DATE.) The provisions of this Act shall apply to income received in taxable years beginning after December 31, 1972. 

Approved March 27, 1973