Legislation

Chapter 391

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.

Approved March 3, 1983

*NOTE:  Section 37-15-02 (2) was also amended by section 46 of Senate Bill No. 2249 Chapter 172.

**NOTE: Section 37-+15-10 (3) was also amended by section 47 of Senate Bill No. 2249 Chapter 172

PUBLIC EMPLOYEE MILITARY LEAVE 

Chapter 388

AN ACT to amend and reenact section 37-01-25 of the North Dakota Century Code, relating to military leave. 

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

SECTION 1. AMENDMENT. Section 37-01-25 of the North Dakota Century Code is hereby amended and reenacted to read as follows: 

37-01-25. Officers and employees of state or political subdivisions in national guard or federal service to retain status for period of active service. All officers and employees of this state or of a political subdivision thereof who: 

1. Are members of the national guard; 

2. Are members of the armed forces reserve of the United States of America; 

3. Shall be subject to call in the federal service by the president of the United States; or 

4. Shall volunteer for such service, 

when ordered by proper authority to active noncivilian employment, shall be entitled to a leave of absence from such civil service for the period of such active service without loss of status or efficiency rating. If such persons have been in the continuous employ of the state or political subdivision for ninety days immediately preceding the leave of absence, they shall receive twenty work days each calendar year without loss of pay. In addition, any leave of absence necessitated by a full or partial mobilization of the reserve and national guard forces of the United States of America, or emergency state active duty, shall be without loss of pay for the first thirty days thereof less any other paid leave of absence which may have been granted during the calendar year pursuant to this section. However, if leave is required for weekend, daily, or  hourly periods of drill for military training on a day in which a publ1c officer or employee is scheduled to perform the work of the state or of a political subdivision, the officer or employee must be given the option of time off with a concurrent loss of pay for the period missed or must be given an opportunity to reschedule the work period so that the reserve or national guard weekend, daily, or hourly drill or period of training occurs during time off from work without loss of status or efficiency rating. 

Approved March 15, 1983

Chapter 361

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. 

Approved April 3, 1981

Copy of bill

Chapter 393

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. 

Approved March 3, 1979

Chapter 311

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. 

Chapter 314

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. 

Chapter 313

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.

Chapter 312

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:

1. "School" means any university, college, vocational school, technical school, or postsecondary educational institution.
2. "State-controlled school" means any school which is controlled, financially supported, and operated by the state, a school district, or any other political subdivision.
3. "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. 

Chapter 312

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:

1. "School" means any university, college, vocational school, technical school, or postsecondary educational institution.
2. "State-controlled school" means any school which is controlled, financially supported, and operated by the state, a school district, or any other political subdivision.
3. "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. 

Chapter 315

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.

Chapter 310

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. 

Chapter 311

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:

Chapter 307

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. 

Chapter 309 

AN ACT to amend and reenact subsection 10 of section 37-01-40 and section 37-14-03.3 of the North Dakota Century Code, relating to the Vietnam era service dates for veterans.

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

SECTION 1. AMENDMENT.)Subsection 10 of section 37-01-40 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

10. The "Vietnam era" means the period beginning August 5, 1964, and ending on August 15, 1973.

SECTION 2. 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 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. 

Chapter 309 

AN ACT to amend and reenact subsection 10 of section 37-01-40 and section 37-14-03.3 of the North Dakota Century Code, relating to the Vietnam era service dates for veterans.

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

SECTION 1. AMENDMENT.)Subsection 10 of section 37-01-40 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

10. The "Vietnam era" means the period beginning August 5, 1964, and ending on August 15, 1973.

SECTION 2. 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 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. 

Chapter 309 

AN ACT to amend and reenact subsection 10 of section 37-01-40 and section 37-14-03.3 of the North Dakota Century Code, relating to the Vietnam era service dates for veterans.

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

SECTION 1. AMENDMENT.)Subsection 10 of section 37-01-40 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

10. The "Vietnam era" means the period beginning August 5, 1964, and ending on August 15, 1973.

SECTION 2. 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 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. 

Chapter 312

AN ACT to amend and reenact section 37-25-10 of the North Dakota Century Code, relating to the time limit for filing or receiving applications for the Vietnam bonus.

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

SECTION 1. AMENDMENT.) Section 37-25-10 of the 1973 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-25-10. TIME LIMIT FOR FILING OR RECEIVING APPLICATIONS.) No application for benefits under the provisions of this chapter shall be filled or received after four years from the date prescribed ny the president or the Congress for the cessation of hostilities in Vietnam, or from January 28, 1973, whichever date is earlier. However, in the cases of those veterans who are prisoners of war or missing in action on or after January 28, 1973, the deadline for receipt of application shall be four years from the date upon which they first set foot on American soil following January 28, 1973. 

Chapter 308

AN ACT to amend and reenact sections 37-01-34 and 37-01-36 of the North Dakota Century Code, relating to the recording and availability of veterans of the armed forces.

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

SECTION 1. AMENDMENT.) Section 37-01-34 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-01-34. RECORDING OF DISCHARGE PAPERS.) It is hereby provided that those discharged from the national guard, the army, the marine corps, and other branches of the armed forces of the United States may record their discharges from such armed forces, a certificate issued in lieu thereof, duly authenticated and certificated copies thereof, or duly certificated records of their service and discharge from such armed forces in the office of the clerk of the district court of the county in which they reside, without payment of any fee whatsoever, and such recordings shall have the same force and effect as the recording of other instruments, provided, however, that any discharge document recorded by the clerk of district court shall be made available only to the following persons: the veteran, the parents, his next of kin, the veteran's legal representative, a county veterans' service officer, a veterans' organization service officer, the department of veterans' affairs, or a designee of the veteran. 

SECTION 2. AMENDMENT.) Section 37-01-36 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-01-36. CERTIFIED COPY OF RECORDS FURNISHED VETEREANS WITHOUT CHARGE.) If a copy of any public record is required by any veteran, or his guardian, dependent, or representative in connection with an application for benefits made available by federal or state laws, the official charged with the custody of such public record, without charge, shall provide a certified copy of such record upon request. This section shall be subject to the restrictions provided for in section 37-01-34. 

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