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…”

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.

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

AN ACT to create and enact chapter 37-19.1 of the North Dakota Century Code, relating to preferences for veterans in gaining governmental employment, and providing means for enforcing those preferences

amends the income tax surtax statute to provide that trusts not having taxable income are not subject to the surtax.

CHAPTER 471 

SENATE BILL NO. 2323 

(Butler) 

SURTAX ON INCOME 

AN ACT to amend and reenact section 57-38-30.2 of the North Dakota Century Code, relating to the surtax on income, providing for an effective date, and declaring an emergency.

CHAPTER 423 

SENATE BILL NO. 2415 

(Lips) 

ADDITIONAL VIETNAM BONUS BONDS 

AN ACT authorizing the issuance of additional general obligation bonds in an amount not exceeding four million dollars for the purpose of the paynent of adjusted compensation to North Dakota veterans of the Vietnam conflict; to amend and reenact section 54-17.1-02 of the North Dakota Century Code, relating to the authority for issuing the Vietnam bonus bonds; providing for an appropriation for the expense of issuance of such bonds and the administration of the payment of Vietnam adjusted compensation claims; and declaring an emergency.

CONSTITUTIONAL AMENDMENTS., APPROVED

CHAPTER 616 

VIETNAM VETERANS BONUS 

Senate Concurrent Resolution No. 17, chapter 592, 1969 Session Laws, proposed by the Forty-first Legislative Assembly of the State of North Dakota, providing an amendment to the Constitution of the State of North Dakota, relating to the issuance of bonds to fund the payment of adjusted compensation for veterans of the Vietnam conflict at rates equal to the rates provided by law for adjusted compensation paid to veterans of World War II and the Korean conflict, to read as follows: 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF NORTH DAKOTA: 

SECTION 1. AMENDMENT.) The Constitution of the state of North Dakota shall be amended by adding thereto the following article: 

The legislative assembly of the state of North Dakota is hereby authorized and empowered to provide by legislation for the issuance, sale, and delivery of bonds of the state of North Dakota in such principal amounts as determined by the legislative assembly to be necessary fer the payment of adjusted compensation to North Dakota veterans of the Vietnam conflict. Such adjusted compensation shall be paid from the proceeds of the bonds at rates equal to the rates provided by law for adjusted compensation paid by the state of North Dakota to veterans of World War II and the Korean conflict on the basis of terms of service and such other terms and conditions as the legislative assembly may provide. Grants or stipends paid pursuant to law by the state of North Dakota to any veteran for educational assistance shall be deducted from the adjusted compensation otherwise payable to such veteran. 

Approved September 1, 1970.                75, 294 to 25,199 

NOTE: This was constitutional measure No. 1 on the primary election ballot.

CHAPTER 496 

HOUSE BILL NO. 1492 

(Dornacker) 

VIETNAM VETERANS' BONUS BONDS AND SURTAX 

AN ACT to provide and appropriate funds for the payment of adjusted compensation payments to North Dakota veterans of the Vietnam conflict and to the industrial commission for the issuance of bonds; providing for the issuance, sale, and delivery of general obligation bonds; creating a sinking fund; and providing for a surtax and fund transfers for the servicing and retirement of such bonds.

CHAPTER 344 

SENATE BILL NO. 2089 

(Lips, Morgan) (From Legislative Council Study) 

ADMINISTRATIVE COMMITTEE ON VETERANS' AFFAIRS 

AN ACT to establish an administrative committee on veterans' affairs and to provide for its powers and duties and organization thereof; to amend and reenact sections 37-01-25.1, 37-14-04, 37-14-05, 37-14-06, 37-14-07, 37-14-08, 37-14-09, 37-14-10, 37-14-11, 37-14-12, 37-14-18, 37-15-03, 37-15-07, 37-15-08, 37-15-10, 37-15-15, 37-15-16, 37-15-19, 37-15-21, and 37-18-07 of the North Dakota Century Code, relating to the veterans' aid fund, the veterans' aid commission, and the soldiers' home, and the administrative procedures thereof; and to repeal sections 37-14-01, 37-14-02, 37-14-03.1, 37-14-03.2, 37-14-03.4, 37-14-03.5, 37-14-13, 37-14-15, 37-14-17, 37-15-04, 37-15-05, 37-15-06, 37-15-09, 37-15-20, 37-18-02, 37-18-03, and 37-18-09 of the North Dakota Century code, relating to the qualifications, compensation, and terms of members of the veterans' aid commission, appropriations to the veterans' aid fund, the postwar rehabilitation fund, meetings, compensation, powers and duties, oath and bond, approval of contracts, advertisement for bids by the trustees of the soldiers' home, qualifications and appointment of the veterans' service commissioner, and the advisory committee to the department of veterans' affairs...

SENATE BILL NO. 2456 

(Lips, Van Horn) 

VIETNAM VETERANS' BONUS MILITARY 

AN ACT to provide for Vietnam veterans' adjusted compensation, method of payment, duties of adjutant general, exemption from taxation and execution, time limits for filing, for a penalty, and for appropriations; and to create and enact section 37-24-08 of the North Dakota Century Code, relating to deduction of adjusted compensation, and declaring an emergency.

CHAPTER 592 

SENATE CONCURRENT RESOLUTION NO. 17 

(Holand, Torgerson) 

BOND ISSUE FOR VIET NAM VETERANS 

A concurrent resolution for a constitutional amendment authorizing the issuance of bonds of the state of North Dakota and the expenditure of the proceeds for the payment of adjusted compensation to North Dakota veterans of the Viet Nam conflict.

Be It Resolved by the Senate of the State of North Dakota, the House of Representatives Concurring Therein: 

That the following proposed amendment to the Constitution of the state of North Dakota is agreed to and shall be submitted to the qualified electors of the state of North Dakota for approval or rejection at the primary election to be held in September 1970 in accordance with the provisions of section 202 of the Constitution of the state of North Dakota. 

Section 1. Amendment.) The Constitution of the state of North Dakota shall be amended by adding thereto the following article : 

The legislative assembly of the state of North Dakota is hereby authorized and empowered to provide by legislation for the issuance, sale, and delivery of bonds of the state of North Dakota in such principal amounts as determined by the legislative assembly to be necessary for the payment of adjusted compensation to North Dakota veterans of the Viet Nam conflict. Such adjusted compensation shall be paid from the proceeds of the bonds at rates equal to the rates provided by law for adjusted compensation paid by the state of North Dakota to veterans of World War II and the Korean conflict on the basis of terms of service and such other terms and conditions as the legislative assembly may provide. Grants or stipends paid pursuant to law by the state of North Dakota to any veteran for educational assistance shall be deducted from the adjusted compensation otherwise payable to such veteran. 

Filed March 11, 1969

VETERANS

CHAPTER 295

H. B. No. 340— (Committee on Appropriations)

Approved by Committee on Delayed Bills

SPECIAL GUARDIAN FOR VETERANS

An Act to Amend and Re-enact Section 15 of Chapter 247 of the Session Laws for the Year 1939 Relating to the Commitment of Veterans; Appointing the Veteran's Service Commissioner as Special Guardian; Authorizing the Transfer of Veterans to Federal Veteran's Administration Hospitals; Requiring the County Judge to Give Written Notices of the Commitment of Veterans and Declaring an Emergency. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment. Chapter 247, Laws of North Dakota, 1939, is hereby amended and re-enacted to read as follows: 

(a) Whenever it appears that a veteran of any war, military occupation or expedition is eligible for treatment in a United States Veterans Administration Hospital and commitment to such hospital is necessary for the proper care and treatment of such veteran, the chairman of the Commissioners of Insanity is hereby authorized to communicate with the official in charge of such hospital with reference to available facilities and eligibility, and upon receipt of a certificate from the official in charge of such hospital the commissioners may then direct such veteran's commitment to such United States Veterans Administration Hospital. In any case where such procedure is not feasible and as an alternative to such procedure, the Commissioners of Insanity may direct such veteran's commitment to the State Hospital for the Insane in this State until facilities are available at such United States Veterans Administration Hospital. Thereafter such veteran upon admission to such United States Veterans Administration Hospital shall be subject to the rules and regulations of such hospital and the officials of such hospital shall be vested with the same powers now exercised by superintendents of State hospitals for mental diseases within this State with reference to the retention of custody of the veteran so committed, and upon admission of such veteran to such United States Veterans Administration Hospital by transfer from the State Hospital for the Insane, under such commitment, the superintendent of the State Hospital for the Insane shall be relieved of all further and future responsibility therein. Notice of such pending proceedings shall be furnished the person to be committed and his right to appear and defend shall not be denied. 

(b) That the Veterans Service Commissioner is hereby empowered to act as the special guardian of the person of each incompetent veteran; that as such guardian the said Veterans Service Commissioner shall have the authority to transfer or consent to the transfer of any such incompetent veteran to the Veterans Administration Hospital at St. Cloud, Minnesota. Such transfer may be made at any time prior or subsequent to commitment of such incompetent veteran in the State Hospital for the Insane at Jamestown; that the said commissioner shall have the authority to do and perform all acts and things necessary or required by State or Federal law to affect the transfer of any such incompetent veteran to a Veterans Administration Hospital pursuant to the terms of this act. (c) That the County. Judge of each county, within three days after the commitment of any incompetent veteran to the State Hospital for the Insane at Jamestown, shall give written notice to the Veterans Service Commissioner, at Fargo of such commitment which notice shall be accompanied by a copy of the order of the commitment of such veteran to said institution. 

§ 2. Emergency.] This act is hereby declared an emergency measure and shall be in full force and effect from and after its passage and approval. 

Approved March 13, 1941

CHAPTER 94

S. B. No. 18— (Committee on Appropriations)

VETERANS' SERVICE COMMISSIONER

An Act Providing an appropriation for the paying of salary, clerk hire, travel and general expenses of the office of Veterans' Service Commissioner as prescribed by Chapter 281, Session Laws of North Dakota for 1927, and as amended by Chapter 254 of the Session Laws of 1937.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropr1at1on.] There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $12,660.00, or so much thereof as may be necessary for the biennium beginning July 1st, 1941, and ending June 30th, 1943, to pay salary, clerk hire, travel and general expenses of the office of Veterans' Service Commissioner as prescribed by Chapter 281, Session Laws of North Dakota for 1927, and as amended by Chapter 254 of the Session Laws of 1937 :

Salary                                    $4,800.00

Clerk hire                             $3,160.00

Postage                                $600.00

Office Supplies                   $150.00

Furniture & Fixtures            $200.00

Printing                                $150.00

Miscellaneous                    $200.00

Travel Expense                   $1,600.00

Rent                                       $300.00

Emergency                          $1,500.00

Total                                      $12,660.00

Approved March 21, 1941