North Dakota Legislature
2023 Veteran Legislation Summary | Updated May 4, 2023
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.
- Senator Lips
- Senator Dotzenrod
- Representative Ulmer
- Representative Rydell
-
- Passed
- Veterans Cemetery
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.
- Political Subdivisions
- Law/Policy Change
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.
- Representative Martinson
- Education
- National Guard Specific
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:
- Veterans with service-connected disability.
- American ex-prisoners of war.
- Wartime veterans with nonservice-connected disability.
- Wartime veterans.
- Discharged North Dakota national guard members who became disabled in the line and discharge of duty.
- Veterans with nonservice-connected disability.
- Veterans.
- Spouses.
- 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:
- 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.
- Social Services and Veterans Affairs
- Veterans Home
AN ACT to create and enact two new sections to chapter 37-15 of the definitions relating to North Dakota Century Code, for admission to the veterans' home; establishing priorities 21-10-06, amend and reenact sections 15-10-18.2, and to subdivision W of subsection 1 of section 28-32-01, sections 37-15-02 , 37-01-40, 37-14-03.3, 37-14-04 , 37-14-06 , 37-15-01, 37-15-07, 37-15-08, 37-15-16, 37-15-11, 37-15-12, 37-15-03, 37-15-13, 37-15-14, 37-15-14.1, 37-15-15, 37-15-16, 37-15-17, 37-18.1-04 , subsection 5 of 37-18.1-3,. 37-15-21, 37-15-19, section 37-19.1-01, and sections 54-23-01 , 54-23-56, 54-23-59, of the North Dakota Century Code, relating to and 57-36-24 changing the name of the soldiers' home to the veterans' home, benefits available to peacetime veterans as well as to wartime on committee administrative veterans, the exclusion of the veterans’ affairs from the Administrative Agencies Practice Act and the powers and duties of the commandant of the veterans home.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 15-10-18.2 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
15-10-18.2. Definitions.
"Dependent" for purposes of section 15-10-18.3 shall mean means any child of a resident veteran, as “veteran" is defined in section 37-01-40, who was killed in action or died from wounds or other service-connected causes, was totally disabled as a result of service-connected causes, died from service-connected disabilities, was a prisoner of war, or was declared missing in action.
"Resident veteran" means a person who:
Was born in and lived in this state until entrance into the armed forces of the United States.
Was born in, but was temporarily living outside this state, not having abandoned residence therein prior to entrance into the armed forces of the United States or
Was born elsewhere but had resided within this state for at least six months prior to entrance into military service and had prior to or during such six-month period:
Registered for voting, or voted in this state.
Being an unemancipated minor during such period of residence, had lived with a parent or person standing in loco parentis who had acquired a residence as set forth in this section; or
If not registered for voting in this state, not registered for voting in another state.
SECTION 2. AMENDMENT. Section 21-10-06 of the 1983 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:
21 - 10-06. Funds under management of board - Accounts. The board is charged with the investment of the following funds:
State bonding fund.
Teachers' fund for retirement, in accordance with section 5-39.1-26.
State fire and tornado fund.
Workmen' s compensation fund.
Veterans' home improvement fund, in accordance with section 37-15-14.1.
Separate accounts shall be maintained for each of the above funds and the moneys or securities of the individual funds shall not be it when commingled. However, is deemed advantageous in the purchase, sale, or exchange of securities, securities belonging to one or more of the funds or the Bank of North Dakota may be purchased, sold, or exchanged as part of a single transaction. In the event of such sale, the respective funds shall immediately be credited with their proportionate share of the proceeds. In the event of such purchase or exchange, title to the securities shall be proportionate to them taken in the name of the individual funds, share of the total purchase price.
The board of university and school lands shall consult with on the state investment board or the director thereof policies, and the board of university and school lands may delegate authority to the state investment board or the investment to make such purchases, sales, or exchanges on its behalf.
SECTION 3. AMENDMENT. Subdivision W of subsection 1 of section 28-32-01 of the 1983 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:
w. The administrative committee on veterans' affairs except with respect to rules relating home and supervision and government of the veterans the implementation of programs or services provided by the veterans' home.
SECTION 4. AMENDMENT. Section 37-01-40 of the 1983 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-01-40. “Veteran” and “wartime veteran” defined – Uniform dates for wartime veterans
A "veteran" is a person who has served on continuous federalized active military duty for twenty- four months or the full period for which the person was called or ordered to active military duty, whichever is shorter, and who was discharged or released therefrom under other than dishonorable conditions. A discharge reflecting Tr "expiration of term of service" or "completion of required.- the shorter service" or words -to that effect qualifies term of service as making the person a veteran.
A wartime veteran" is a person who served in the active military forces, during a period of war or who received the armed forces expeditionary or other campaign service medal during an emergency condition and who was discharged or released therefrom under other than dishonorable conditions. "Wartime veteran" also includes a person who died in the line of duty in the active military forces, as determined by the armed forces.
In order to provide for the uniformity of period of service dates for wartime veterans, the following dates and terms shall be applicable to all acts of the state relative to wartime veterans where not otherwise specifically prescribed by statute:
Civil war and confederate veterans who served between April 12, 1861, and May 26, 1865.
Future dates. The period beginning on the date of any of the future declaration of war by the Congress United States or the beginning of an emergency condition recognized by the issuance of a Presidential proclamation or a presidential executive order and in which the armed forces expeditionary medal or according to campaign service medals are awarded date a presidential executive order and ending on prescribed by presidential proclamation or concurrent resolution of the Congress of the United States.
Indian wars. Since the Indian wars were fought the intermittently over a period of years, shall be determination as to whether a person considered as having rendered military service during these wars will be carefully considered by the veterans' affairs. administrative committee on is January 1, 1817, through December 31, 1898, considered Indian war period.
"Korean conflict" means the period between June 27, 1950 to January 31, 1955.
Mexican wars. Since there were several skirmishes involving the Mexican border, such as Mexican border troubles 1911-1916; Veracruz expedition April 21, 1914, to November 26, 1914; punitive expedition into Mexico, March 15, 1916, to February 5, 1917; therefore, the persons rendering military service in any of these skirmishes shall be considered veterans of the Mexican wars between 1911 and February 5, 1917.
"Spanish-American War" (1) means the period beginning on April 21, 1898, and ending on July 4, 1902; (2) includes the Philippine insurrection and the Boxer rebellion, and (3) in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro province. means the period beginning on April 21, 1898, and ending on July 15, 1903.
"Vietnam era" means the period beginning August 5, 1964, and ending on May 7, 1975.
"World War I” (1) means the period beginning on April 6. 1917, and ending on November 1, 1918, and (2) in the case of a veteran who served with the United States military forces in Russia, means the period beginning on April 6, 1917, and ending on April 1, 1920.
"World War II" means the period beginning December 7, 1941, and ending December 31, 1946, both dates inclusive.
SECTION 5. AMENDMENT. Section 37-14-03.3 of the 1983 Supplement to 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 shall not revert to the general fund and shall be used solely for the purpose of making loans to any veteran 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 6. 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. A veteran may be permitted to make more than one loan providing the veteran has satisfied payment requirements of a previous loan.
SECTION 7. AMENDMENT. Section 37-14-06 of the 1983 Supplement to 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 veteran, as defined by section 37-01-40, 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 the sum of two thousand dollars.
SECTION 8. AMENDMENT. Section 37-15-1 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-1: Veterans’ home – where maintained. A veterans’ home shall be maintained at the city of Lisbon in the county of Ransom.
SECTION 9. AMENDMENT. A new section to chapter 37-15 of the North Dakota Century Code is hereby created and enacted to read as follows:
"Domiciliary care" defined. In this chapter, unless the context or subject matter otherwise requires, “domiciliary care” means providing shelter, food, and necessary medical care on an ambulatory self-care basis to assist eligible individuals who are not in need of hospitalization or skilled nursing care services. Domiciliary care does not include care to an individual whose mental or medical condition would require close supervision because the individual may pose a danger to oneself or others.
SECTION 10. AMENDMENT. Section 37- 15-02 of the 1983 Supplement to 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 care for:
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.
The spouses and surviving spouses of those mentioned in subsection 1 if they meet the requirements admission under section 37-15-10.
SECTION 11. AMENDMENT. Section 37-15-03 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-03. Government of veterans’ home. The general supervision and government of the veterans’ home is vested in the administrative committee on veterans’ affairs.
SECTION 12. AMENDMENT. Section 37-1507 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-07. Commandant of veterans’ home – appointment – qualifications – term – salary – bond. The appointment, qualifications, term of office, and salary of the commandant of the veterans’ home must be as prescribed in section 37-18.103. The commandant shall be bonded through the state bonding fund in the amount as determined by the administrative committee on veterans’ affairs, except that the amount of the bond must be at least five thousand dollars.
SECTION 13. AMENDMENT. Section 37-15-08 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-08. Subordinate officers – Appointment – Preference to veterans – Compensation – Removal. The commandant of the veterans’ home shall appoint all necessary subordinate officers of the home. In the appointment of such officers, the preference afforded by chapter 37-19.1 must be given to those persons who qualify therefor. The commandant shall fix the compensation of all subordinate officers, subject to legislative appropriation, and any such officer may be removed by the commandant for inefficiency or misconduct.
SECTION 14. AMENDMENT. Section 37-15-10 of the 1983 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-10. Admittance to veterans’ home – requirements governing.
No applicant shall be admitted to the veterans’ home unless the applicant has been a bona fide resident of this state for at least one year next preceding the applicant’s application for admission thereto. The one-year residency immediately preceding application may be waived if the applicant served in a North Dakota- regiment or was accredited to this state.
The spouse or surviving spouse of those mentioned in subsection 1 of section 37-15-02 may be admitted upon same the footing as the veteran; provided, however, that such spouse or 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 age of forty-five years at date of application.
No person shall be admitted to the home until that person shall and have made formal application furnished such proof as may be required by the administrative committee on veterans' affairs and the application has been approved by the board of admissions of the institution that the committee has designated.
When a member of the home who is not eligible for veterans` administration hospitalization and care become unable from any cause to care for oneself under the rules prescribed by the administrative committee on veterans' affairs for the admission and care of members in the home, the member shall become a charge of the county of residence at the time of admission. No individual shall gain or legal residence by reason of residence in or being a member of the veterans' home.
SECTION 15. A new section to chapter 37-15 of the North Dakota Century Code is hereby created and enacted to read as follows:
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:
Veterans with service-connected disability
Prisoners of war
Wartime veterans with nonservice-connected disability
Wartime veterans
Discharged North Dakota national guard members who become disabled in the line and discharge of duty.
Veterans with nonservice-connected disability
Veterans
Spouses
Surviving spouses
An individual whose priority is higher than another individual’s must be admitted before that other individual.
SECTION 16. AMENDMENT. Section 37-15-11 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-11. Lands granted for support of veterans' home and proceeds therefrom. All lands granted by the United States or by this state for the veterans' home are set apart for the support of the home. The proceeds from the sales of these lands are pledged as a perpetual fund for the use and benefit of the home.
SECTION 17. AMENDMENT. Section 37-15-12 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-12. Federal aid accepted for veterans’ home. The state accepts the conditions imposed by an Act of Congress, entitled "An act to provide aid to state or territorial homes for the support of disabled soldiers and sailors in the United States, approved August 27, 1888", and the various amendments thereto.
SECTION 18. AMENDMENT. Section 37-15-13 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-13. Treasurer to receive and deposit federal aid money. The state treasurer shall receive and receipt for all money which may become payable to this state by reason of the acceptance of the Acts of Congress as provided in section 37-15-12. The state treasurer shall deposit such money to the credit of the veterans' home operating fund for the use and benefit of the veterans' home.
SECTION 19. AMENDMENT. Section 37-15-14 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37- 15-14. Veterans' home operating fund - Moneys for the state maintenance of the veterans' home to be deposited with treasurer. A special fund, to be known as the veterans' home operating fund, shall be maintained in the state treasury. Moneys arising from the interest received on money derived from the sale of lands appropriated for the support of the home and from the rental of such lands, moneys received from the United States for the support and maintenance of the home, and all other
income, moneys, and collections of public funds arising from any other source or endeavor of the home shall must be placed in the veterans' home for the use and maintenance of the veterans' home. Moneys derived from the general fund appropriation made by the legislative assembly must be transferred periodically to the veterans’ home operating fund upon order of the director of the office of management and budget whenever the operating fund’s balance requires supplementation.
SECTION 20. AMENDMENT. Section 37-15-14.1 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-14.1. Membership contribution for residents of veterans’ home – Creation of special fund.
The administrative committee on veterans' affairs may establish a membership contribution to be paid by members of the veterans' home. The fee shall be based on the adjusted income of each member, but in no case shall it exceed forty-nine percent of the average daily per-member cost. The membership contribution shall be set under formula determined by the administrative committee and designed to assure dignity and equity in the charge. The administrative committee may, from time to time, reconsider its action establishing a membership contribution, amend or rescind the contribution charge, or reinstate a contribution charge previously rescinded. The commandant shall collect monthly any membership contribution levied.
As used in subsection 1, “adjusted income” means all moneys received from any source, including social security benefits, less amounts received or expended as follows:
Moneys earned by a member through labor performed for the veterans’ home
Moneys received as service-connected compensation
Moneys earned during authorized leaves or furloughs from the veterans’ home.
Moneys expended by the member for hospitalization due to illness or injury
Moneys expended by the member for other medical care or treatment, or for required medicines.
Such other receipts or expenditures as the administrative committee may permit to be deducted in individual cases.
All moneys received as a result of charging the membership contribution authorized by subsection 1 shall be deposited in a special fund in the state treasury to be known as the veterans’ home improvement fund”. The fund shall 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, shall be deposited in, or reinvested for the benefit of, the veterans’ home improvement fund. Moneys in the veterans’ home improvement fund shall, subject to and following legislative appropriations, be expended only for expansion of present 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. All moneys expended from the veterans’ home improvement fund shall be paid out on vouchers prepared by the secretary of the administrative committee on veterans’ affairs. The office of management and budget shall prepare the warrant-checks.
SECTION 21. AMENDMENT. Section 37-15-15 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-15. Disbursement of moneys from veterans’ home operating fund. All moneys withdrawn from the veterans’ home operating fund shall be withdrawn in accordance with chapters 54-14 and 54-44.1.
SECTION 22. AMENDMENT. Section 37-15-16 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-16. Commandant shall take charge of unclaimed estates of small value. If a member of the veterans' home dies leaving property of the value of three hundred thousand dollars or less, the commandant immediately shall take charge of such property.
If within forty-five days of the date of death no valid claim of any heir or devisee is made for the property and no application or petition has been filed for issuance of letters of administration, the commandant shall convert the property into cash without probate or other proceedings and make payment in the following order:
Reasonable funeral expenses.
Reasonable and necessary medical and hospital expenses of the last illness of the decedent.
If any cash remains the commandant shall deposit the cash with the state treasurer who shall credit it to the veterans' home improvement fund. The commandant shall make a report of the commandant' s action to the administrative committee on veterans' affairs, the report shall be audited by, and included in the records of, the committee.
SECTION 23. AMENDMENT. Section 37-15-17 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-17. Intestate members leaving estates valued in excess of three thousand dollars - Commandant to administer. If a member of the veterans' home dies leaving property in excess
of three thousand dollars in value not disposed of by will, the commandant shall be entitled to letters of administration upon such estate. He shall make application to the proper court for letters of administration, qualify as administrator, and distribute and dispose of such estate as is provided by this code. If no valid claim shall be made to such estate by the heirs or the next of kin of the deceased member for a period of one year after the of letters of administration, the residue of the estate shall be deposited with the state treasurer for the benefit of the veterans’ home improvement fund.
SECTION 24. AMENDMENT. Section 37-15-19 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-19. Report of commandant to governor and office of management and budget. The commandant of the veterans’ home shall submit to the governor and the office of management and budget a biennial report as prescribed by section 54-06-04.
SECTION 25. AMENDMENT. Section 37-15-21 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-21. Commandant may accept gifts, donations, or bequests. The commandant for and in behalf of the veterans’ home is hereby authorized to accept or receive any donations, gifts, or bequests offered of tendered to, or for the benefit of the veterans’ home. All suhc moneys received or accepted shall be used for the specific purposes for which they were given or donated. This authority shall apply and be retroactive to any or all gifts, donations, or bequests heretofore tendered, offered, or made.
SECTION 26. AMENDMENT. Section 37-18.1-03 of the North Dakota Century Code is hereby
amended and reenacted to read as follows:
37-18.1-03. Powers and duties of committee - Creation of subcommittees. The committee is responsible for organization, policy, and administration of all veterans' affairs in the state of North Dakota. It has the following powers and duties:
The chairman and secretary of the committee, acting jointly, shall appoint from the voting membership of the committee, two subcommittees: a five-member subcommittee
to be responsible for supervision and government of the veterans' home, and a seven-member subcommittee to be responsible for supervision and government of the
of department 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 anyone 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.
The committee shall detail the specific powers and duties of each subcommittee relating to supervision, and implementation of programs or services provided by the veterans' home and the department affairs.
The committee shall appoint the commandant of the of the veterans' home and the commissioner department of veterans' affairs. Individuals appointed to these positions must be bona fide residents of the state and must qualify as a veteran as defined in section "37-01-40. Their terms of office shall be for two years, commencing on July 1, 1971, and on every second anniversary thereof. The committee shall determine the salaries paid to the veterans' home and commandant of the commissioner of the department of veterans' affairs within the limits of legislative appropriation. Both officers shall be bonded through the state bonding fund in the sum of five thousand dollars. The commandant of the veterans’ home and the commissioner of the department of veterans’ affairs shall serve as the executive secretary for their respective subcommittees. The commandant and the commissioner shall have no vote in the affairs of the subcommittee.
The committee shall, under recommendation from each of its subcommittees, present any matters needing attention and action to the appropriate board, commission, agency, or department of the state, and the North Dakota veterans' coordinating council.
The committee shall assure compliance with applicable federal and state laws in the administration of both the department of veterans' affairs and the North Dakota veterans' home and shall exercise its responsibilities in all things necessary to carry out the provisions of this chapter in regard to organization, policy, and general administration of the agencies served and involved in the conduct of veterans' affairs.
SECTION 27. AMENDMENT. Section 37-18.1-04 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-18.1-04. Committee members not to receive compensation – Expenses permitted. Committee members shall not receive any compensation for the performance of their official duties. Voting members may be reimbursed for travel expenses and meals and lodging expenses in connection with their official duties at the same rate and in the same manner as are elected officials and employees of the state, with payment to be made by the department of veterans’ affairs and the veterans’ home to each of their respective subcommittee members incurring such expenses. Such payment shall be made by warrant-check drawn by the office of management and budget upon the submission of a proper voucher to it, signed by the commissioner of veterans’ affairs or the commandant of the veterans’ home, as the case may be.
SECTION 28. AMENDMENT. Subsection 5 of section 37-19.1-01 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
5. "Veteran" means a wartime veteran as defined in subsection - 2 of section 37-01-40.
*SECTION 29. AMENDMENT. Section 54-23-01 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
54-23-01. Institutions under control of director of institutions. The director of institutions shall have full power to manage, control, and govern, subject only to the limitations contained in this chapter and in title 25, the penitentiary, the school for the blind, the school for the deaf, the Grafton state school, the North Dakota industrial school, and San Haven. The director does not have the power to manage, control, and govern the veterans’ home.
* NOTE: Section 54-23-01 was also amended by section 12 of House Bill No. 1062, Chapter 311.
SECTION 30. AMENDMENT. Section 54-23-56 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
54-23-56. Director to coordinate and assist charitable and penal institutions in farm operations. All crop, vegetable, livestock, dairy, and related activities at the state penitentiary, state farm, state industrial school, state hospital, Grafton state school, and the veterans’ home, shall be coordinated to the greatest possible extent by the director of institutions, who shall provide the various institutions with the managerial and technical assistance necessary to develop and maintain efficient nonduplication farm and relating operations.
SECTION 31. AMENDMENT. Section 54-23-59 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
54-23-59. Employees of institutions – Charges for lodging and meals. Officers and employees of institutions under the supervision of the director of institutions, the state department of health, and the administrative committee on veterans’ affairs may not receive lodging or meals at such institutions unless a charge is- made therefor. Any charge must be equal to the fair value of the meals and lodging provided. In an officer or employee is required by law to live at the institution, that person’s lodging must be furnished free of charge. Food supplies, other than meals made for which a charge is made, may not be provided to officers and employees of institutions under the supervision of the director the institutions, the state department of health, and the administrative committee on veterans’ affairs.
SECTION 32. AMENDMENT. Section 57-36-24 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
57-36-24. Exemptions. All gift cigarettes, snuff, cigars, and other tobacco products, not for resale, which are given to the North Dakota veterans’ home or the North Dakota state hospital for the distribution to the occupants thereof, are exempt from the excise taxes levied under this chapter.
- Legislative Council
- Legislative Audit and Fiscal Review Committee
- ACOVA
- Department of Veterans Affairs
- Education
- Financial: War Bonus
- Law/Policy Change
- Veterans Home
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.
- Social Services and Veterans Affairs
- ACOVA
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.
- Social Services and Veterans Affairs
- Department of Veterans Affairs
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.
- Social Services and Veterans Affairs
- Veterans Home
An ACT to amend and reenact sections 37-14-03.3, 37-14-06, 37-14-07, 37-14-14, and 37-25-10 of the North Dakota Century Code, relating to the veterans' aid fund, to the time for application for Vietnam Veterans' adjusted compensation, and to the veterans' postwar trust fund; to provide a transfer from the Vietnam veterans' adjusted compensation funds; and to provide an appropriation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE 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. Such sum of three 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.
SECTION 2. 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 such applicant has served as a member of the armed forces of the United States for an aggregate time of not less than thirty days during World War II, the Korean conflict, or during hostilities in Vietnam, all as defined by section 37-01-40, that he is a citizen and resident of the state of North Dakota, and that he has not been dishonorably discharged, the department may loan to such applicant, or a guardian of such applicant, a sum from the veterans' aid fund not to exceed the sum of five-hundred two thousand dollars.
SECTION 3. 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 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 her will repay to the state of North Dakota for the use of the veterans' aid fund the full amount of all advancements made to him without interest 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 loans if in the opinion of the department the veteran has the financial means to repay, and he deliberately refuses to do so.
SECTION 4. AMENDMENT. Section 37-14-14 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-14-14. VETERANS' POSTWAR REHABILITATION RESERVE TRUST FUND. The veterans' postwar rehabilitation reserve trust fund shall consist of the moneys transferred or credited thereto to the fund, pursuant to the provisions of this chapter and of other laws. The fund shall be invested by the state treasurer in legal investments authorize by section 21-10-07. All income received on the investments is to be utilized in benefit and service to veterans as defined in section 37-01-40, or their dependents, as determined and appropriated by the legislative assembly.
SECTION 5. AMENDMENT. Section 37-25-10 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-25-10. TIME LIMIT FOR RECEIVING APPLICATIONS. No application for benefits under the provisions of this chapter shall be received after December 31, 1979 June 30, 1982. However, in the cases of those veterans who were prisoners of war or missing in action, the deadline for receipt of an application shall be four years from the date upon which they first set foot on American soil or December 31, 1979 June 30, 1982, whichever is later.
SECTION 6. TRANSFER OF VIETNAM BONUS FUNDS TO VETERANS' POSTWAR TRUST FUND. All unobligated moneys in the Vietnam veterans' adjusted compensation funds in the state treasury after July 1, 1981, shall be transferred by the state treasurer to the veterans' postwar trust fund. Any obligations of such funds as a result of any amendment of section 37-25-10 by the forty-seventh legislative assembly shall be paid out of the veterans' postwar trust fund and the moneys necessary to meet those obligations are hereby appropriated.
SECTION 7. APPROPRIATION. There is hereby appropriated out of any moneys in the Vietnam Veterans' adjusted compensation fund in the state treasury, not otherwise appropriated, the sum of $400,000, or so much thereof as may be necessary, to the veterans' aid fund, for the purpose of increasing the permanent revolving fund as provided for in this Act.
- Senator Wright
- Department of Veterans Affairs
- Financial
- Financial: War Bonus
- Post War Trust Fund
MILITARY
CHAPTER 364
SENATE BILL NO. 2271
(Wright)
VETERANS' FUNDS
AN ACT to amend and reenact sections 37-14-03.3, 37-14-06, 37-14-07, 37-14-14, and 37-25-10 of the North Dakota Century Code, relating to the veterans' aid fund, to the time for application for Vietnam veterans' adjusted compensation, and to the veterans' postwar trust fund; to provide a transfer from the Vietnam veterans' adjusted compensation funds; and to provide an appropriation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE 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. Such sum of three 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.
SECTION 2. 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 such applicant has served as a member of the armed forces of the United States for an aggregate time of not less than thirty days during World War II, the Korean conflict, or during hostilities in Vietnam, all as defined by section 37-01-40, that he is a citizen and resident of the state of North Dakota, and that he has not been dishonorably discharged, the department may loan to such applicant, or a guardian of such applicant, a sum from the veterans' aid fund not to exceed the sum of five hundred two thousand dollars.
SECTION 3. 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 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 the veterans' aid fund the full amount of all advancements made to him without interest 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 loans if in the opinion of the department the veteran has the financial means to repay, and he deliberately refuses to do so.
SECTION 4. AMENDMENT. Section 37-14-14 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-14-14. VETERANS' POSTWAR REHABILITATION RESERVE TRUST
FUND. The veterans' postwar rehabilitation reserve trust fund shall consist of moneys transferred or credited thereto to the fund, pursuant to the provisions of this chapter and of other laws. The fund shall be invested by the state treasurer in legal investments authorized by section 21-10-07. All income received on the investments is to be utilized in benefit and service to veterans as defined in section 37-01-40, or their dependentsi as determined and appropriated by the legislative assembly.
SECTION 5. AMENDMENT. Section 37-25-10 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-25-10. TIME LIMIT FOR RECEIVING APPLICATIONS. No application for benefits under the provisions of this chapter shall be received after December 31, 1978 8 June 30, 1982. However, in the cases of those veterans who were. prisoners of war or missing in action, the deadline for receipt of an application shall be four years from the date upon which they first set foot on American soil or December 31, 1978 June 30, 1982, whichever is later.
SECTION 6. TRANSFER OF VIETNAM BONUS FUNDS TO VETERANS'
POSTWAR TRUST FUND. All unobligated moneys in the Vietnam veterans' adjusted compensation funds in the state treasury after July 1, 1981, shall be transferred by the state treasurer to the veterans' postwar trust fund. Any obligations of such funds as a result of any amendment of section 37-25-10 by the forty-seventh legislative assembly shall be paid out of the veterans' postwar trust fund and the moneys necessary to meet those obligations are hereby appropriated.
SECTION 7. APPROPRIATION. There is hereby appropriated out of any moneys in the Vietnam veterans' adjusted compensation fund in the state treasury, not otherwise appropriated, the sum of $400,000, or so much thereof as may be necessary, to the veterans' aid fund, for the purpose of increasing the permanent revolving fund as provided for in this Act.
Approved April 3, 1981
- ACOVA
- Financial
- Financial: Veterans Aid Loan Fund
- Financial: War Bonus
- Post War Trust Fund
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.
- Employment
- Employment: Veterans Preference
- Law/Policy Change
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.
- Representative Strinden
- Employment: Veterans Preference
AN ACT to create and enact a new section to chapter 37-01, relating to unit funds of the national guard.
BE IT ENACTED BY THE LEGISLATIVE ASSMEBLY OF THE STATE OF NORTH DAKOTA:
Section 1.) A new section to chapter 37-01 of the North Dakota Century Code is hereby created and enacted to read as follows"
UNIT FUNDS - MAINTENANCE AND EXPENDITURE.) Each unity if the North Dakota national guard, upon approval of the adjutant general, shall be authorized to maintain a nonreverting unit fund for purposes as prescribed by federal law and regulations relating to unit funds od the federal military forces and to pay petty operating, equipment, and supply costs incurred by the individual units. All funds transferred by the adjutant general to the unit fund shall be deposited in the unit fund and are hereby appropriated for the maintenance and operation of the unit funds. Unit funds may be expanded upon authorization of the unit fund custodian designated by the adjutant general under guidelines established by the adjutant general.
- Legislative Council
- Interim Committee on Budget "A"
- National Guard Specific
AN ACT to authorize the administrative committee of veterans affairs to obtain a loan from the Bank of North Dakota to match federal funds available for an addition to the soldiers' home, and to provide an appropriation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1. AUTHORITY TO OBTAIN LOAN FROM BANK OF NORTH DAKOTA - CONDITIONS.) The administrative committee on veterans affairs is authorized to obtain a loan from the Bank of North Dakota for the purpose of meeting matching requirements for receiving federal funds to construct, modify, or alter domiciliary facilities at the soldiers' home. The loan authorized by this section shall not exceed four hundred fifty-five thousand dollars. The loan is to be used solely for the purpose of meeting matching requirements for obtaining federal funds under 38 U.S.C., subchapter V, and the authority to apply for any such loan is conditional upon receiving a grant of such federal funds for the use of the soldiers' home. The loan obtained from the bank of North Dakota under this section shall be repaid within ten years from funds available in the soldiers' home improvement fund. Amounts necessary to repay the loan shall be dedicated in the fund for repayment of the loan principal and interest and such amounts are hereby appropriated for repayment of such loan, with interest.
SECTION 2. APPROPRIATION.) There is hereby appropriated out of any moneys available from private and public sources, not otherwise appropriated, the sum of $1,300,000.00, or so much thereof as may be necessary, to the soldiers' home for the purpose of constructing, modifying, or altering domiciliary facilities at the soldiers' home for the biennium beginning July 1, 1977, and ending June 30, 1979.
- Veterans Affairs
- Veterans Home
AN ACT to amend and reenact sections 37-15-12 and 37-15-15 of the North Dakota Century Code, relating to moneys in the soldiers' home fund.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1. AMENDMENT.) Section 37-15-12 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-12. FEDERAL AID ACCEPTED FOR SOLDIERS' HOME - RULES AND REGULATIONS GOVERNING HOME SUBMITTED TO WHOM.) The state accepts the conditions imposed by an act of Congress, entitled "An act to provide aid to state or territorial homes for the support of disabled soldiers and sailors in the United States, approved August 27, 1888', and the various amendments thereto.
SECTION 2. AMENDMENT.) Section 37-15-15 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-15-15. DISBURSEMENT OF MONEYS FROM SOLDIERS' HOME OPERATING FUND.) All moneys withdrawn from the soldiers' home operating fund shall be withdrawn in accordance with chapters 54-14 and 54-44.1.
- Representative Laughlin
- Veterans Home
AN ACT to provide for partial waiver of tuition fees for all members of the national guard in any postsecondary educational program; and to provide an appropriation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1. SHORT TITLE.) This Act may be cited and shall be known as the "North Dakota National Guard Tuition Waiver Act".
SECTION 2. LEGISLATIVE INTENT AND PURPOSE.) The purpose of this Act is to recognize the vital role of the national guard in the state. While the national guard is subject to federal control during periods of national emergency, it is organized, trained, and equipped to perform military functions and to aid civil authorities in the protection of life and property while it is subject to the control of the state.
The purpose of this Act is to encourage voluntary membership in the guard, improve the educational level of its members, and thereby benefit the state as a whole.
SECTION 3. DEFINITIONS.) As used in this Act, unless the context or subject matter otherwise requires:
- "School" means any university, college, vocational school, technical school, or postsecondary educational institution.
- "State-controlled school" means any school which is controlled, financially supported, and operated by the state, a school district, or any other political subdivision.
- "Tuition" means the normal registration fee. It does not include graduation, activity, or incidental fees, book rental, laboratory, service, supply, union building, hospital and medical insurance fees, or any fees established for the operation and maintenance of buildings, the income of which is pledged for the payment of interest and principal on bonds issued by the governing board of any school.
SECTION 4. WAIVER OF TUITION FEES - TERM OF WAIVER.) Any member of the national guard who shall enroll in any state-controlled school shall, subject to the limitations of available funds appropriated in section 9 of this Act and subject to national guard regulations which may be promulgated by the adjutant general, be entitled to the waiver of seventy-five percent of the tuition fees of the school. The waiver shall be valid only so long as the member of the national guard maintains satisfactory performance with the guard and pursues a course of study in a manner which satisfies the normal requirements of the school.
SECTION 5. LIMITATIONS.) The waiver of tuition fees shall not be available to any member of the national guard who shall have less than one year of service obligation to the nation guard remaining at the beginning of each semester or academic term for which a waiver of tuition fees is requested.
SECTION 6. APPLICATION FOR WAIVER.) It shall be 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 to present the certificate to the school in order to obtain a waiver of tuition fees. The certification shall be accomplished at the time of enrollment for each semester or academic term for which a waiver of tuition fees is requested.
SECTION 7. REIMBURSEMENT OF TUITION FEE WAIVED.) The adjutant general shall reimburse the appropriate school for two-thirds of all tuition fees waived under the provision of this Act.
SECTION 8. REGULATIONS.) The adjutant general may adopt, amend, and rescind any national guard regulations pursuant to chapter 28-31 deemed necessary to implement and administer this Act.
SECTION 9. APPROPRIATION.) There is hereby appropriated out of any moneys in the Vietnam veterans adjusted compensation fund, not otherwise appropriated, the sum of $250,000.00, or so much thereof as may be necessary, to the adjutant general for the purpose of reimbursing appropriate schools for any tuition fees waived under this Act for the biennium beginning July 1, 1977, and ending June 30, 1979.
- Representative Knudson
- Representative C. Martin
- Education
- National Guard Specific
AN ACT to amend and reenact subsection 4 of section 37-25-02 and section 37-25-10 of the North Dakota Century Code, relating to the definition of honorable discharge and relating to the time limit for receiving an application for Vietnam Conflict Veterans' Adjusted Compensation Act benefits; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1. AMENDMENT.) Subsection 4 of section 37-25-02 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
4. "Honorable and faithful service" shall be such service as is evidenced by:
a. An honorable discharge, or its equivalent, but shall not include any discharge issued pursuant to any act, decree, or directive of pardon or amnesty
b. In the case of an officer, a certificate of service; and
c. In the case of a veteran who has not been discharge, a certificate from appropriate service authority that his service was honorable and faithful.
SECTION 2. AMENDMENT.) Section 37-25-10 of the 1975 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-25-10. TIME LIMIT FOR RECEIVING APPLICATIONS.) No application for benefits under the provisions of this chapter shall be received after December 31, 1978. However, in the cases of those veterans who were prisoners of war or missing in action, the deadline for receipt of an application shall be four years from the date upon which they first set foot on American soil or December 31, 1978, whichever is later.
SECTION 3. EMERGENCY.) This Act is hereby declared to be an emergency measure and shall be in effect from and after its passage and approval.
- Committee on Social Welfare and Veterans' Affairs
- Financial
- Financial: War Bonus
AN ACT to amend and reenact section 37-04-01 of the North Dakota Century Code, relating to the qualifications of commissioned officers of the national guard.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1. AMENDMENT.) Section 37-04-01 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-04-01. COMMISSIONED OFFICERS OF NATIONAL GUARD - QUALIFICATIONS.) Officers of the national guard shall not be commissioned as such unless they are at least nineteen years of age and shall have been selected from the classes of persons having the qualifications prescribed by federal law.
- Committee on Veterans' Affairs
- National Guard Specific
AN ACT to create and enact sections 37-17 .1-20, 37-17.1-21, and 37-17.1-22 of the North Dakota Century Code, relating to the United States Disaster Relief Act of 1974.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1.) Section 37-17.1-20 of the North Dakota Century Code is hereby created and enacted to read as follows:
37-17.1-20. TEMPORARY HOUSING FOR DISASTER VICTIMS AND SITE ACQUISITION AND PREPARATION.) In accordance with the provisions of the United States Disaster Relief Act of 1974 , the governor is authorized to enter into such agreements and execute such assurances on behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster, a program of temporary housing for disaster victims adversely affected by a major disaster in those" cases where such disaster victims are
unable to meet their needs through assistance under provisions other than section 404 of the Disaster Relief Act or through other means. The governor shall be authorized:
To receive temporary housing units to be occupied by disaster victims from any agency of the United States and to make such units available to any political subdivision of the state.
To assist any political subdivision of this state which is the site of temporary housing for disaster victims, to acquire and to prepare sites necessary for such temporary housing, and to "pass through" funds made available by any agency, public or private.
Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, which are necessary to prepare or equip such sites to utilize the housing units.
The governor is authorized to make rules and regulations necessary to carry out the purposes of this Act.
SECTION 2.) Section 37-17.1-21 of the North Dakota Century Code is hereby created and enacted to read as follows:
37-17.1-21. COMMUNITY DISASTER LOANS.) In accordance with the provisions of the United States Disaster Relief Act of 1974, the governor is authorized to enter into such agreements and execute such assurances on behalf of the state of North Dakota as may be necessary to establish, in the event of a presidential a program of community disaster loans declared "major disaster", in those cases where communities are unable to meet or provide for its essential governmental functions through assistance under provisions other than section 414 of the Disaster Relief Act or through other means. Upon the governor' s determination that a local government of the state will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions to apply to the federal government, on behalf of the local government, for a loan; and to receive and disburse the proceeds of any approved loan to any applicant local government.
The governor shall be authorized:
To determine the amount needed by any applicant local government to restore or resume its governmental functions, and to certify the same to the federal government; provided, however, that no application amount shall exceed twenty-five percent of the annual operating budget of the applicant for the fiscal year in which the major disaster occurs.
To recommend to the federal government, based upon his review, the cancellation of all or any part of repayment when, within three fiscal years following the major disaster, the revenues of the local government are in- sufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character.
SECTION 3.) Section 37-17 .1-22 of the North Dakota Century Code is hereby created and enacted to read as follows:
37-17 .1-22. DEBRIS AND WRECKAGE REMOVAL IN DISASTER EMERGENCIES OR MAJOR DISASTERS.)
In accordance with the provisions of the United States Disaster Relief Act of 1974, the governor is authorized to enter into such agreements and execute such assurances on behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster, a program of debris and wreckage removal caused by a major disaster in those cases where such debris and wreckage removal cannot be provided under provisions other than section 403 of the Disaster Relief Act or through
other means.
The governor shall be authorized:
Notwithstanding any other provision of law, through the use of state departments or agencies, or the use of any of the state' s instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or threaten public or private property, in any disaster emergency declare ed by the governor or major disaster as declared by the president.
To accept funds from the federal government and utilize such funds to make grants to any local government for the purpose of removing debris or wreckage from publicly or privately owned land or water.
Authority under this Act shall not be exercised , except upon state-owned lands, unless the affected local government, corporation, organization, or individual shall first present an unconditional authorization for removal of such debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the state government against any claim arising from such removal.
Whenever the governor provides for clearance of debris or wreckage pursuant to subsections 1 or 2 of this section, employees of the designated state agencies or individuals appointed by the state are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.
Except in cases of willful misconduct, gross negligence, or bad faith, any state employee or agent complying with orders of the governor and performing duties pursuant thereto under this Act shall, not be liable for death of or injury to persons or damage to property.
The governor is authorized to make rules and regulations to carry out the purposes of this Act.
- Committee on Appropriations
- Law/Policy Change
- National Guard Specific
AN ACT to amend and reenact sections 37-01-12 of the North Dakota Century Code, relating to the exemption of members of the national guard from civil or criminal personal liability and to provide for furnishing lawyers at state expense for guardsmen in tort actions arising from acts committed while on state active duty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1. AMENDMENT.) Section 37-01-12 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-01-12. WHEN MEMBERS OF THE NATIONAL GUARD OR MILITIA EXEMPT FROM CIVIL OR CRIMINAL LIABILITY.) Members of the national guard or militia ordered into the active service of the state by any proper authority shall not be civilly not criminally liable for any act or acts done by them in the line of duty. Members of the national guard of militia ordered into active service of the state shall be presumed to be acting in the line of duty except in the case of willful misconduct or gross negligence. When a suit or processing shall be commenced in any court against an officer of the militia for any act done by such officer in his official capacity in the discharge of any duty under the provisions of this title, or against any person acting under the visions of this title, or against any person acting under the authority or order of any such officer or by virtue of any warrant issued by an such officer pursuant to law, the defendant shall be entitled to legal representation provided by the attorney general, an assistant attorney general, or a judge advocate officer at no cost. The defendant in such action may require the person prosecuting or instituting the suit or proceeding to file security for the payment of the costs that may be awarded to the defendant therein. The defendant in all such cases may make a general denial and give the special matter in evidence. If the action is dismissed or a verdict or judgement is rendered against the plaintiff, the defendant shall recover treble costs in the action.
- Committee on Veterans' Affairs
- Legal Services
- National Guard Specific