North Dakota Constitution: Article X Section 25:
The veterans' postwar trust fund shall be a permanent trust fund of the state of North Dakota and shall consist of moneys transferred or credited to the fund as authorized by legislative enactment. Investment of the fund shall be the responsibility of the state treasurer who shall have full authority to invest the fund only in the same manner as the state investment board is authorized to make investments. All income received from investments is to be utilized for programs which must be of benefit and service to veterans, who are defined by legislative enactment, or their dependents, and such income is hereby appropriated to the administrative committee on veterans' affairs on a continuing basis for expenditure upon those programs selected at the discretion of the administrative committee on veterans' affairs.
North Dakota Century Code: 37-14-14:
The veterans' postwar trust fund is a permanent trust fund of the state of North Dakota and consists of moneys transferred or credited to the fund under this chapter and other laws. Investment of the fund is the responsibility of the state treasurer who shall invest the fund only in those legal investments authorized by section 21-10-07. All income received from investments is to be utilized only for programs of benefit and service to veterans or their dependents, and all income earned in a biennium is appropriated to the administrative committee on veterans' affairs on a continuing basis in the following biennium and not in the biennium the income is earned for expenditure on these programs as authorized by law.
VIETNAM VETERANS ADJUSTED COMPENSATION FUND
1969: Issuance of Bonds Authorized
41st Legislative Assembly Enacts a 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 Vietnam conflict. [S.L. 1969, Chapter 592; Senate Concurrent Resolution No. 17]
1970: Issuance of Bonds Approved by citizens
- In statewide primary election held in September, citizens approved the constitutional amendment placed on the ballot by the 1969 resolution. [S.L. 1971, Chapter 616; Approved Constitutional Measure No. 1]
1971: Vietnam Veterans’ Bonus Bonds and Surtax Act.
42nd Legislative Assembly In response to the approved constitutional amendment, legislature enacts the Vietnam Veterans’ Bonus Bonds and Surtax Act.
Created a Vietnam Veterans Adjusted Compensation fund and a bond sinking fund.
Authorized the issuance of up to $15 million of general obligation bonds to provide funds for the payment of adjusted compensation to North Dakota Vietnam Veterans and the resulting administrative expenses (Chapter 496. HB 1492)
- Individuals, estates, and (taxable) trusts--Surtax equaled 1% of North Dakota taxable income, with a minimum of $2.50 and a maximum of $12.50.
- C corporations--Surtax equaled 1% of North Dakota taxable income, with a minimum of $10.00 and a maximum of $25.00.
The total amount of the surtax collections are as follows:
Fiscal year ending 6/30/73: $2,382,583
Fiscal year ending 6/30/74: $2,480766
Fiscal year ending 6/30/75: $2,702,977
Fiscal year ending 6/30/76: $176,075
Fiscal year ending 6/30/77: $25,738
1973: Surtax Amended. Additional bonds authorized
- 43rd Legislative Assembly amends the income tax surtax statute to provide that trusts not having taxable income are not subject to the surtax. (Note: The statute provides for a minimum surtax to be paid if there is no taxable income.) [S.L. 1973, Chapter 471. SB 2323]
- 43rd Legislative Assembly authorizes issuance of additional $4 million of general obligation bonds for purpose of paying adjusted compensation to Vietnam veterans. [S.L. 1973, Chapter 423. SB 2415]
1975: Vietnam Bonus Repealed
- 44th Legislative Assembly repeals Vietnam bonus surtax. [S.L. 1975, Chapter 476. SB 2320]
- Appropriates $17,000,000 in General Funds for payment of adjusted compensation bonds and interest payments
1993: Adjusted Compensation (Bonus) and Bond Issue Authority repealed
- 53rd Legislative Assembly repeals Vietnam veterans’ programs (educational assistance, adjusted compensation, and bond issue authority). [S.L. 1993, Chapter 364. SB 2119]
Vietnam Veterans Adjusted Compensation Fund Income and Expenses
Expenditures and uses of funds:
- $12,873,470 Bonus payments to Veterans
- $ 464,725 Administration and expenditures to pay bonus'
- $143,086 Soldiers' Home renovations (1979. Chapter 55. SB 2014 Section 4)
- $115,917 Publication of Military Serfvice Record of Vietnam Veterans (1979 Chapter 84 SB 2305) $125,000 appropriated
- $279,076 National Guard Tuition Waiver (1979. Chapter 38. HB 1139) $550,000 appropriated
- $100,000 Minot State College-Physical Education Facility (1979. Chapter 4. HB 1005. Section 6)
- $543,300 Facility improvements and Handicapped accessibility projects at institutions of Higher Education (1979. Chapter HB 1004 Section 2)
- $100,000 Minot State College-Pioneer Hall renovation (1979. Chapter 85 SB 2378)
- $400,000 Veterans Aid Loan Fund Increase revolving loan fund to $700,000) (1981. Chapter 364 . SB 2271 Section 7)
- $3,984,531 All money remaining in Vietnam Veterans Adjusted compensation fund after July 1, 1981 to be transfered to Veterans Post War Trust Fund (1981. Chapter 364 SB 2271 Section 6)
- "Veterans Post Rehabilitation Reserve Fund" name changed to "Veterans Post War Trust Fund" (1981. Chapter 364 SB 2271 Section 4)
- $7,077,148 Bond interest payments
- $4,371 Miscellaneous admin expenditures
- $3,500,000 National Guard tuition trust fund (1981. Chapter 43. HB 1420)
- $5,000 POW license plates paid for (1981. Chapter 382 SB 2289 section 2)
- $100,000 National Guard History (1981 Chapter 88. SB 2207 Section 2)
- $462,069 Soldiers' Home Capital improvements (1981. Chapter 14. HB 1014 Section 4)
- $243,000 National Guard Tuition waiver program (1981 Chapter 22. HB 1023 Section 5)
- $810,000 National Guard Adjutant General Captial improvements (1981 Chapter 22. HB 1023 Section 2. and 1983. SB 2023)
- $1,050,000 National Guard Adjutant General Army and Air Guard Service Contracts (1983. SB 2023)
- $1,055,657 Veterans Home Operations (1985 HB 1012)
- $124,136 National Guard Adjutant General. Recruiting and retention (1985 HB 1016)
- $818,050 National Guard Adjutant General. Army and Air Guard Service Contract (1985 HB 1016)
- $3,000,000 National Guard training area development (1985 HB 1515)
- $616,365 Transer to Veterans Post War Trust Fund (1985 SB 2341)
- $3,797,100 Transfer to state general fund (1985 HB 1515) NDCC 54-17.1-08
- $41,667,001 TOTAL EXPENDITURES
Veteran's Postwar Trust Fund
- The 1981 Legislative Assembly established the Veterans' Postwar Trust Fund with a transfer of $3,984,531 SB 2271 section 4 & 6 - the remaining monies from the Vietnam Adjusted Compensation Fund. An additional $616,365 was transferred from the remaining funds of the Vietnam War Bond Sinking Fund in 1985. These transfers accounted for around 11% of the original fund balance while only 32% was actually used towards payments of Vietnam Bonuses. The remaining 57% of the original funds was used for veteran, non-veteran and ND National Guard related programs or was transferred back to the general fund when the fund was closed out following the 1985 legislative session.
- The Trust Fund was set up to be invested by the State Treasurer and the income received was to be utilized in benefit and service to veterans or their dependents (SB 2271). During the 1983 Legislative Assembly, $1,369,045 was allocated for the operation of the Veterans Home and the Department of Veterans Affairs, and in 1985, $629,036 was allocated towards them.
Measure No. 4 (Approved by Voters in 1988)
- Established the Postwar Trust Fund as a "permanent fund"
- The balance of the fund would be restored to $3.7 million over 5 years
- Interest income from the fund would be appropriated on a continuing basis to the Administrative Committee on Veterans Affairs to be spent for veterans' programs as authorized by law.
Receipts and Expenditures:
|1993||HB 1001: Transfer from general fund||$745,670|
|1991||SB 2001: Transfer from general fund||$1,569,335|
|1989||SB 2009: Transfer from general fund||$2,960,000|
|1985||SB 2341: Transfer from Vietnam bond sinking fund||$616,365|
|1981||SB 2371: Transfer from Vietnam adjusted compensation fund||$3,984,531|
|1981||SB 2001: Veterans Home||$734,330|
|1990||SB 2009: Veterans Home||$274,000|
|1983||SB 2014: Veterans Home||$1,050,000|
|1979||SB 2023: Adjutant General - capital improvements carryover||$491,926|
|1995||SB 2475: Adjutant General - Veterans' compensation||$60,000|
|1987||HB 1009: Veterans Home||$1,343,384|
|1985||HB 1012: Veterans Home||$267,620|
|1983||HB 1014: Veterans Affairs||$319,045|