Legislation

Chapter 282

AN ACT to create and enact chapter 37-19.1 of the North Dakota Century Code, relating to preferences for veterans in gaining governmental employment, and providing means for enforcing those preferences; to amend and reenact section 37-15-08 of the North Dakota Century Code, relating to 
appointment of subordinate officers of the soldiers home and to repeal chapter 37-19 and section 37-01-31 of the North Dakota Century Code, relating to governmental employment preferences for veterans.

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

SECTION 1.) Chapter 37-19.1 of the North Dakota Century Code is hereby created and enacted to read as follows: 

37-19.1-01. DEFINITIONS. ) As used in this chapter: 

1. "Veteran" shall be as defined in subsection 1 of section 37-01-40. 

2. "Political subdivision" means counties, cities, townships: and any other governmental entity created by state law which employs persons either temporarily or permanently. 

3. "Agency" or "governmental agency" means all political subdivisions and any state agency, board, bureau, commission, department: officer, and any state institution or enterprise authorized to employ persons either temporarily or permanently.

4. "Disabled veteran" means a veteran who is found to 4. be entitled to a 'service-connected disability rating as determined by the United States veterans' administration.

5. “Personnel system" means a personnel system based 5. on merit principles.

37-19.1-02. PUBLIC EMPLOYMENT PREFERENCE TO VETERANS - RESIDENCY REQUIREMENTS.)

1. Veterans who are North Dakota residents shall be entitled to preference, over all other applicants, in appointment or employment by governmental agencies, provided that such veteran is a United States citizen at the time of application for employment. Veterans qualified for preference shall not be disqualified from holding any position with an agency because of physical or mental disability, unless such disability renders them unable to properly perform 
   the duties of the position applied for.

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 be physically and mentally able to perform the duties of the position applied for; the officer, board, or person shall appoint or employ him.

3. A disabled veteran shall be entitled to a preference superior to that given other veterans under this section, which preference shall be accorded in the manner provided in this section

4. Notwithstanding the preference provisions in subsections 1. 2, and 3. public employment preference for veterans by agencies or governmental agencies, as defined herein, which now have, or which may hereafter have, an established personnel system under which it maintains a register of persons eligible for employment and from which it certifies a prescribed number of names to that particular agency or governmental agency, shall be governed by the following:

1. No distinction or discrimination shall be made in the administration of the examination because the applicant may be a veteran.

2. Upon completion of the examination with a passing grade, the applicant shall be informed of a veteran' s rights to employment preference as hereinafter provided.

3. The applicant shall be required to furnish proof of his status as a veteran and, if disabled, proof of his disability, as defined herein.

4. Upon receipt of proof required in subsection c, the examiner shall add five points for a nondisabled veteran and ten points for a disabled veteran to the examination grade of the applicant, and the total shall be the veteran' s examination grade.

5. Upon request for the prescribed number of eligible persons from the eligibility registry, such number of eligible persons shall be certified from the top number of eligible persons and with such certified list of eligible persons there shall also be submitted a statement as to which of those so certified are veterans, disabled veterans, or nonveterans.

6. In the event the certified list of eligible persons includes either veterans or disabled veterans, the appointing or employing authority of that particular agency or governmental agency shall make a selection for the available position as follows:

1. A disabled veteran, without regard to his examination grade, shall first be entitled to the position and, in the absence of justifiable cause, documented in writing, for not making such selection, shall be so appointed or employed. If such list includes two or more disabled veterans, then the one with the highest examination grade shall first be entitled to the position and, in the absence of justifiable cause, documented in writing, for not making such selection, shall be so appointed or employed.

2. When such certified list of eligible persons does not include one or more disabled veterans and consists only of veterans, then the one with the highest examination grade shall first be entitled to the position and, in the absence of justifiable cause, documented in writing, shall be so appointed or employed; and

3. When such certified list of eligible persons includes nonveterans and veterans, but not disabled veterans, then the one with the highest examination grade, whether a nonveteran or a veteran, shall first be entitled to the position and, in the absence of justifiable cause, shall be so appointed or employed; and if the one with the highest examination grade is a veteran and is not appointed or employed , there must be justifiable cause documented in writing for not making such appointment or employment.

5. The provisions of this section shall not apply when the position to be filled is that of a superintendent of schools, teacher, or the chief deputy or private secretary of an elected or appointed official. Temporary committees and individual or group appointments made by the governor or legislative assembly shall also be excepted from the provisions of this section.

37-19.1-03. PREFERENCES TO BE GRANTED VETERANS ' SPOUSES.)  

1. The unremarried spouse of a veteran who died while in service or later died from a service-connected cause or causes, shall be entitled, if he is otherwise qualified, to the appointment or employment preference given to a veteran under section 37-19.1-02 in the manner provided therein.

2. The spouse of a disabled veteran, who is disabled due to a service-connected cause or causes, shall, if the disabled veteran is unable to exercise his right to a veteran's employment preference due to his disability, be entitled, if he is otherwise 
   qualified, to the appointment or employment preference given to a veteran under section 37-19.1-02 in the manner provided therein.

37-19.1--04. REFUSAL TO GIVE PREFERENCE a RETALIATORY ACTION OR REMOVAL - REMEDIES PROCEDURES.) 

1. If a veteran, or a qualified veteran's spouse, is not given the preference provided in sections 37-19.1-02 or 37-19.1-03, he may, within fifteen days after he has been refused employment, demand a hearing before a board composed as provided in subsection 3 of this section. The demand shall be in writing and shall be delivered to the employing agency by certified mail with return receipt requested. If the board finds in favor of the veteran or spouse, they shall be entitled to immediate employment in the position for which he had originally made application, or an equivalent position.

2. Any veteran who has exercised his right to an employment preference under this chapter, and who, within one year after exercise of that right:

1. Is discharged.

2. Has had his compensation reduced; or

3. Is otherwise subject to action by the employing agency designed to cause the veteran to resign or quit his employment,

shall be entitled to a hearing if he believes that the employing agency took any of the above-described action due to the veteran' s exercise of his employment preference, the hearing shall be held before a board composed as provided in subsection 3 of this section. If the board finds that the employing agency took any of the actions described in sub-divisions a, b, or c due to the veteran' s exercise of his right to an employment preference, the board shall order the employing agency to cease and desist from such action or to reinstate the veteran. The demand for a hearing under this subsection shall be in writing addressed to the employing agency. The demand shall be made by certified mail with return receipt requested within fifteen days after discharge or any other action taken by the employing agency about which the veteran may be aggrieved.

3. The hearing board for grievances arising under subsections 1 or 2 of this section shall consist of one person chosen by the veteran, one person chosen by the employing agency, and one person chosen by the foregoing two persons. In the event that the two persons appointed by the parties do not appoint a third person within five days after the appointment of the two, a district judge for that judicial district shall make the appointment after receiving a written request to do so from one or both of the other appointees, or from the veteran. In the event that the employing agency does not appoint a person to the board within five days after the appointment by the veteran, a district judge for that judicial district shall make the appointment after receiving written request to do so from the veteran. The board shall meet and hold the hearing within ten days after the selection of the final member. At the hearing, both parties may be represented by counsel, and the employing agency shall have the burden of proving that any action which it is shown by the veteran to have taken was not taken because of the veteran' s exercise of his right to an employment preference. Hearing board members shall not be compensated, nor shall their expenses be paid, from public funds.

4. Any party aggrieved by the finding and order of the board may appeal to the district court in the manner provided for in section 28--32-15, provided that notice of appeal need only be served on the other party, and the appellant need not execute an undertaking. The decision of the district court on appeal shall be final. Appeals under this subsection shall be heard without a jury.

SECTION 2. AMENDMENT.) Section 37-15-08 of the 1971 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows: 
37-15-08. SUBORDINATE OFFICERS APPOINTMENT PREFERENCE TO VETERANS at COMPENSATION REMOVAL . ) The commandant of the soldiers' home shall appoint all necessary subordinate officers of the home. In the appointment of such officers, the preference afforded by the provisions of chapter 37-19.1 shall be given to those persons who qualify therefor. The compensation of all subordinate officers shall be fixed by the commandant, subject to legislative appropriation, and any such officer may be removed by the commandant for inefficiency or misconduct. 
SECTION 3. REPEAL.) Chapter 37-19 and section 37-01-31 of the North Dakota Century Code are hereby repealed. 
 

Chapter 282

AN ACT to create and enact chapter 37-19.1 of the North Dakota Century Code, relating to preferences for veterans in gaining governmental employment, and providing means for enforcing those preferences; to amend and reenact section 37-15-08 of the North Dakota Century Code, relating to 
appointment of subordinate officers of the soldiers home and to repeal chapter 37-19 and section 37-01-31 of the North Dakota Century Code, relating to governmental employment preferences for veterans.

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

SECTION 1.) Chapter 37-19.1 of the North Dakota Century Code is hereby created and enacted to read as follows: 

37-19.1-01. DEFINITIONS. ) As used in this chapter: 

1. "Veteran" shall be as defined in subsection 1 of section 37-01-40. 

2. "Political subdivision" means counties, cities, townships: and any other governmental entity created by state law which employs persons either temporarily or permanently. 

3. "Agency" or "governmental agency" means all political subdivisions and any state agency, board, bureau, commission, department: officer, and any state institution or enterprise authorized to employ persons either temporarily or permanently.

4. "Disabled veteran" means a veteran who is found to 4. be entitled to a 'service-connected disability rating as determined by the United States veterans' administration.

5. “Personnel system" means a personnel system based 5. on merit principles.

37-19.1-02. PUBLIC EMPLOYMENT PREFERENCE TO VETERANS - RESIDENCY REQUIREMENTS.)

1. Veterans who are North Dakota residents shall be entitled to preference, over all other applicants, in appointment or employment by governmental agencies, provided that such veteran is a United States citizen at the time of application for employment. Veterans qualified for preference shall not be disqualified from holding any position with an agency because of physical or mental disability, unless such disability renders them unable to properly perform 
   the duties of the position applied for.

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 be physically and mentally able to perform the duties of the position applied for; the officer, board, or person shall appoint or employ him.

3. A disabled veteran shall be entitled to a preference superior to that given other veterans under this section, which preference shall be accorded in the manner provided in this section

4. Notwithstanding the preference provisions in subsections 1. 2, and 3. public employment preference for veterans by agencies or governmental agencies, as defined herein, which now have, or which may hereafter have, an established personnel system under which it maintains a register of persons eligible for employment and from which it certifies a prescribed number of names to that particular agency or governmental agency, shall be governed by the following:

1. No distinction or discrimination shall be made in the administration of the examination because the applicant may be a veteran.

2. Upon completion of the examination with a passing grade, the applicant shall be informed of a veteran' s rights to employment preference as hereinafter provided.

3. The applicant shall be required to furnish proof of his status as a veteran and, if disabled, proof of his disability, as defined herein.

4. Upon receipt of proof required in subsection c, the examiner shall add five points for a nondisabled veteran and ten points for a disabled veteran to the examination grade of the applicant, and the total shall be the veteran' s examination grade.

5. Upon request for the prescribed number of eligible persons from the eligibility registry, such number of eligible persons shall be certified from the top number of eligible persons and with such certified list of eligible persons there shall also be submitted a statement as to which of those so certified are veterans, disabled veterans, or nonveterans.

6. In the event the certified list of eligible persons includes either veterans or disabled veterans, the appointing or employing authority of that particular agency or governmental agency shall make a selection for the available position as follows:

1. A disabled veteran, without regard to his examination grade, shall first be entitled to the position and, in the absence of justifiable cause, documented in writing, for not making such selection, shall be so appointed or employed. If such list includes two or more disabled veterans, then the one with the highest examination grade shall first be entitled to the position and, in the absence of justifiable cause, documented in writing, for not making such selection, shall be so appointed or employed.

2. When such certified list of eligible persons does not include one or more disabled veterans and consists only of veterans, then the one with the highest examination grade shall first be entitled to the position and, in the absence of justifiable cause, documented in writing, shall be so appointed or employed; and

3. When such certified list of eligible persons includes nonveterans and veterans, but not disabled veterans, then the one with the highest examination grade, whether a nonveteran or a veteran, shall first be entitled to the position and, in the absence of justifiable cause, shall be so appointed or employed; and if the one with the highest examination grade is a veteran and is not appointed or employed , there must be justifiable cause documented in writing for not making such appointment or employment.

5. The provisions of this section shall not apply when the position to be filled is that of a superintendent of schools, teacher, or the chief deputy or private secretary of an elected or appointed official. Temporary committees and individual or group appointments made by the governor or legislative assembly shall also be excepted from the provisions of this section.

37-19.1-03. PREFERENCES TO BE GRANTED VETERANS ' SPOUSES.)  

1. The unremarried spouse of a veteran who died while in service or later died from a service-connected cause or causes, shall be entitled, if he is otherwise qualified, to the appointment or employment preference given to a veteran under section 37-19.1-02 in the manner provided therein.

2. The spouse of a disabled veteran, who is disabled due to a service-connected cause or causes, shall, if the disabled veteran is unable to exercise his right to a veteran's employment preference due to his disability, be entitled, if he is otherwise 
   qualified, to the appointment or employment preference given to a veteran under section 37-19.1-02 in the manner provided therein.

37-19.1--04. REFUSAL TO GIVE PREFERENCE a RETALIATORY ACTION OR REMOVAL - REMEDIES PROCEDURES.) 

1. If a veteran, or a qualified veteran's spouse, is not given the preference provided in sections 37-19.1-02 or 37-19.1-03, he may, within fifteen days after he has been refused employment, demand a hearing before a board composed as provided in subsection 3 of this section. The demand shall be in writing and shall be delivered to the employing agency by certified mail with return receipt requested. If the board finds in favor of the veteran or spouse, they shall be entitled to immediate employment in the position for which he had originally made application, or an equivalent position.

2. Any veteran who has exercised his right to an employment preference under this chapter, and who, within one year after exercise of that right:

1. Is discharged.

2. Has had his compensation reduced; or

3. Is otherwise subject to action by the employing agency designed to cause the veteran to resign or quit his employment,

shall be entitled to a hearing if he believes that the employing agency took any of the above-described action due to the veteran' s exercise of his employment preference, the hearing shall be held before a board composed as provided in subsection 3 of this section. If the board finds that the employing agency took any of the actions described in sub-divisions a, b, or c due to the veteran' s exercise of his right to an employment preference, the board shall order the employing agency to cease and desist from such action or to reinstate the veteran. The demand for a hearing under this subsection shall be in writing addressed to the employing agency. The demand shall be made by certified mail with return receipt requested within fifteen days after discharge or any other action taken by the employing agency about which the veteran may be aggrieved.

3. The hearing board for grievances arising under subsections 1 or 2 of this section shall consist of one person chosen by the veteran, one person chosen by the employing agency, and one person chosen by the foregoing two persons. In the event that the two persons appointed by the parties do not appoint a third person within five days after the appointment of the two, a district judge for that judicial district shall make the appointment after receiving a written request to do so from one or both of the other appointees, or from the veteran. In the event that the employing agency does not appoint a person to the board within five days after the appointment by the veteran, a district judge for that judicial district shall make the appointment after receiving written request to do so from the veteran. The board shall meet and hold the hearing within ten days after the selection of the final member. At the hearing, both parties may be represented by counsel, and the employing agency shall have the burden of proving that any action which it is shown by the veteran to have taken was not taken because of the veteran' s exercise of his right to an employment preference. Hearing board members shall not be compensated, nor shall their expenses be paid, from public funds.

4. Any party aggrieved by the finding and order of the board may appeal to the district court in the manner provided for in section 28--32-15, provided that notice of appeal need only be served on the other party, and the appellant need not execute an undertaking. The decision of the district court on appeal shall be final. Appeals under this subsection shall be heard without a jury.

SECTION 2. AMENDMENT.) Section 37-15-08 of the 1971 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows: 
37-15-08. SUBORDINATE OFFICERS APPOINTMENT PREFERENCE TO VETERANS at COMPENSATION REMOVAL . ) The commandant of the soldiers' home shall appoint all necessary subordinate officers of the home. In the appointment of such officers, the preference afforded by the provisions of chapter 37-19.1 shall be given to those persons who qualify therefor. The compensation of all subordinate officers shall be fixed by the commandant, subject to legislative appropriation, and any such officer may be removed by the commandant for inefficiency or misconduct. 
SECTION 3. REPEAL.) Chapter 37-19 and section 37-01-31 of the North Dakota Century Code are hereby repealed. 
 

AN ACT to establish an administrative committee on veterans' affairs and to provide for its powers and duties and organization thereof; to amend and reenact sections 37-01-25., 37-14-04 ; 37-14-05, 37-14-06 , 37-14-07, 37-14-08 , 37-14-09 , 37-14-10, 37-14-11, 37-14-12, 57-14-18 , 37-15-03; 37-15-07; 37-15-08; 37-15-10, 37-15-15, 37-15-16, 37-15-19, 37-15-21, and 37--18-01 of the North Dakota Century Code , relating to the veterans' aid fund, the veterans' aid commission , and the soldiers home , and the administrative procedures thereof; and to repeal sections 37-14-01, 37-14-02, 37-14-03.1, 37-14-03.2, 37-14-03.4, 37-14-03.5, 37-14-i3, 37-14-i5, 37-14-17 , 37-15-04 , 37-15-05, 37-15-06 , 37-15-09 , 37-15-20, 37-18-02 , 37-18-03, and 37-18-09 of the North Dakota Century code, relating to the qualifications, compensation , and terms of members of the veterans' aid commission, appropriations to the veterans' aid fund, the postwar rehabilitation fund, meetings , compensation, powers and duties, oath and bond, approval of contracts, advertisement for bids by the trustees of the soldiers' home, qualifications and appointment of the veterans' service commissioner, and the advisory committee to the department of veterans' affairs.

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

SECTION 1. ADMINISTRATIVE COMMITTEE ON VETERANS ' AFFAIRS - MEMBERSHIP - APPOINTMENT.) There is hereby created an administrative committee on veterans' affairs, which, for purposes of this Act, shall ·hereinafter be referred to as the "committee". The committee shall consist of four ex officio nonvoting members and twelve voting members. The adjutant general, the center director of the veterans' administration, the executive director of the North Dakota employment Security bureau, 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, and the veterans of world War I, U.S.A., incorporated, shall each prepare a list containing the names of six persons qualifying as veterans under the provisions of section 37-01-40, for appointment as voting members of the committee. On or before July 1, 1971, the governor shall select twelve' nominees, three from each list, four of whom shall be appointed to a term of three years, four of whom shall be appointed to a term of two years, and four 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 3 7-01-40, 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 four 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 day 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.

SECTION 2. CHAIRMAN - SECRETARY - DUTIES - TERMS -MEETINGS.) A chairman and a secretary of the committee shall be appointed by the governor from among the voting membership of the committee. Such appointment shall be made annually, with the term of office to begin on the first day of July of the year specified and to end on the thirtieth day of June of the following year. Meetings of the committee shall be held upon the call of the chairman, at such times and places as may be selected by him, and upon due notice to committee members by the secretary. Meetings shall also be called by the chairman upon the written request of any four voting members of the committee. A majority of the members of the committee shall be required for a quorum, and a majority of the members present voting in favor thereof shall be required for any action.

SECTION 3. POWERS AND DUTIES OF COMMITTEE -- CREATION OF SUBCOMMITTEES.) The committee Shall be responsible for organization, policy, and general administration of all veterans

affairs in the state of North Dakota. It shall have the following powers and duties:

1. 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 soldiers" home, and` a seven-member 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 anyone voting member serve on both subcommittees at the same time, and each nominating organization listed in section 1 of this Act 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 sub- committee 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.

2. The committee shall detail the specific powers and duties of each subcommittee relating to supervision, government, and implementation of programs or services provided by the soldiers' home and the department of veterans' affairs.

3. The committee shall appoint the commandant of the soldiers' home and the commissioner of the department of veterans' affairs. Individuals appointed to these positions must be bona fide residents of the state, must hold an honorable discharge from active service within the armed forces of the United States, and must have served during a period of war or armed conflict 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 commandant of the soldiers' home and 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 soldiers' home and the commissioner 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 subcommittees.

4. 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.

5. 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 soldiers' home and shall exercise its responsibilities in all things necessary to carry out the provisions of this Act in regard to organization, policy, and general administration of the agencies served and involved in the conduct of veterans' affairs.

SECTION 4. 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 soldiers' home to each of their respective subcommittee members incurring such expenses. Such payment shall be made by warrant-check drawn by the department of accounts and purchases upon the submission of a proper

voucher to it, signed by the commissioner of veterans' affairs or the commandant of the soldiers' home, as the case may be.

SECTION 5. AMENDMENT. ) Section 37-01-25.1 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-01-25.1. REINSTATEMENT TO FORMER POSITION --- APPEALS. ) Any person referred to in section 37-01-25 , who within ninety days after receiving a discharge other than dishonorable from such active Non civilian service, and who is not physically or otherwise incapacitated to perform the duties of the position formerly held by him, applies for such position held by him at the time of entering such active service, shall be given such position or one of like seniority, status, and pay, and shall be immune to discharge from said position except for cause, as defined by the department of veterans' affairs, for a period of one year after entering upon the duties of his civilian position. Any such person not so reemployed or who is discharged within a period of one year without cause, shall have the right of appeal to the department of veterans' affairs under such rules and regulations as the administrative committee on veterans' affairs may promulgate. If the department of veterans' affairs shall find that such person was not reemployed or was discharged within one year without cause, it may order any officer or other appointing power to comply with the provisions of this chapter: If such person at the time of entering Non civilian service shall have been an officer or employee of the state of North Dakota or any political subdivision or city thereof, having a merit or civil service system with an appeal board, such appeal board shall have the same powers as are granted to the department of veterans' affairs in this section. In order to carry out the provisions of this chapter, the department of veterans' affairs is hereby authorized to contract and pay for technical or other services with any board, council, or commission established by such state agencies, departments. or divisions to administer such systems: Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

37-14-18. COUNTY VETERANS ' SERVICE OFFICER --- APPOINTMENT -- 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 part-time basis, an officer to be known as a county veterans' service officer. Such appointment shall be made with the advice of the commissioner of veterans' affairs. It shall be the duty of such county veterans' service officer to acquaint himself with the laws, both state and federal, enacted for the benefit of returning Servicemen and 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 he serves to facilitate their operation and ensure promptness in the solution of the problems concerned with the reestablishment of returning servicemen and women in civilian pursuits.

SECTION 16. 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 SOLDIERS' HOME . ) The general supervision and government of the soldiers' home shall be vested in the administrative committee on veterans' affairs. 

SECTION 17. AMENDMENT . ) Section 37-15-07 of the 1969 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-15-07 . COMMANDANT OF SOLDIERS’ HOME – APPOINTMENT - QUALIFICATIONS - SALARY - TERM -- BOND. ) The appointment, qualifications, term of office, and salary of the commandant of the soldiers' home shall be as prescribed in section 3 of this Act. The commandant shall be bonded through the state bonding fund in the amount as determined by the administrative committee on veterans' affairs, provided that such bond shall be in a minimum amount of five thousand dollars. 

SECTION 18. 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 e. COMPENSATION -- REMOVAL. ) The commandant of the soldiers home shall appoint all necessary subordinate officers of the home. In the appointment of such officers, the preference afforded by the provisions of section 37-01-31 shall be given to those persons who qualify as veterans under section 37-01-40. The compensation of all subordinate officers shall be fixed by the commandant , subject to legislative appropriation, and any such officer may be removed by the commandant for inefficiency or misconduct.

SECTION 19. AMENDMENT . ) Section 37-15-10 of the North Dakota Century Code is hereby amended and reenacted to read:

37-15-10. ADMITTANCE TO SOLDIERS’ HOME – REGULATIONS GOVERNING. ) 

1. No applicant shall be admitted to the soldiers home unless he or she has been a bona fide resident of this state for at least three years next preceding his or her application for admission thereto. The three-year residency immediately preceding application may be waived if the applicant served in a North Dakota regiment or was accredited to the state of North Dakota during a war period. 

2. 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 and are not able to support themselves, due to aforesaid disabilities, may be admitted to the North Dakota soldiers home in accordance with the laws for admission of others and under such rules and regulations as the administrative committee on veterans affairs may adopt. 

3. The wife or widow of a United States or North Dakota serviceman mentioned in subsection 1 of section 37-15-02 may be admitted upon the same footing as her husband, provided, however, that such wife or widow shall have entered into the contract of marriage to her husband at least five years prior to date of application or prior to the date necessary for her to obtain a United States pension and shall have attained the age of forty-five years at date of application. 

4. No person shall be admitted to the home until he or she shall have made formal application and furnished such proof as may be required by the administrative committee on veterans' affairs and such application shall have been approved by the committee or a board of officers of the institution which they shall designate.

5. When a member of the home who is not eligible for veterans' administration hospitalization and care becomes unable from any cause to care for himself or herself under the rules and regulations prescribed by the administrative committee on veterans' affairs for the admission and care of members in the home, he or she shall become a charge of the county of residence at the time of admission. No individual shall gain or lose legal residence by reason of residence In or being a member of the soldiers home.

SECTION 20. AMENDMENT. ) Section 37-15-15 of the 1969 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-15-15. DISBURSCMENT OF MONEYS FROM SOLDIERS ' HOME OPERATING FUND. ) All moneys withdrawn from the soldiers' home operating fund shall be transferred from the operating fund on the basis of an abstract approved by the commandant in accordance with policies established by the administrative committee on veterans' affairs, and approved by the auditing board, containing an enumeration of the names and amounts to be paid each payee by the commandant in accordance with the abstract. Warrant-checks drawn upon the state treasurer against the soldiers' home operating funds for transfer of funds to an account in the Bank of North Dakota for disbursement shall be prepared by the department of accounts and purchases upon approval of the abstract by the state auditing board.

SECTION 21. AMENDMENT. ) Section 37-15-16 of the 1969 Supplement to 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 soldiers' home shall die leaving property of the value of three hundred dollars or less, the commandant immediately shall take charge of such property. If within one year of the date of the death of such member no valid claim of any heir or legatee is made for the property and no application is made for letters of administration, the commandant shall convert the property into cash without probate or other proceedings and shall deposit the cash with the state treasurer who shall credit it to the soldiers' home operating fund. The commmandant shall make a report of his action to the administrative committee on veterans' affairs, which report shall be audited by, and spread upon the records of, the committee. 

SECTION 22.  AMENDMENT. ) Section 37-15-19 of the 1969 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-15-19. REPORT OF COMMANDANT To GOVERNOR AND SECRETARY OF STATE.) On or before the first day of October of each year preceding the regular session of the legislative assembly, the commandant of the soldiers° home shall make to the governor and the secretary of state a full and detailed report as prescribed by subsection 6 of section 54-06-0 4 of the disbursements of the home for the two preceding fiscal years and of its condition financially and otherwise. 

AN ACT to establish an administrative committee on veterans' affairs and to provide for its powers and duties and organization thereof; to amend and reenact sections 37-01-25., 37-14-04 ; 37-14-05, 37-14-06 , 37-14-07, 37-14-08 , 37-14-09 , 37-14-10, 37-14-11, 37-14-12, 57-14-18 , 37-15-03; 37-15-07; 37-15-08; 37-15-10, 37-15-15, 37-15-16, 37-15-19, 37-15-21, and 37--18-01 of the North Dakota Century Code , relating to the veterans' aid fund, the veterans' aid commission , and the soldiers home , and the administrative procedures thereof; and to repeal sections 37-14-01, 37-14-02, 37-14-03.1, 37-14-03.2, 37-14-03.4, 37-14-03.5, 37-14-i3, 37-14-i5, 37-14-17 , 37-15-04 , 37-15-05, 37-15-06 , 37-15-09 , 37-15-20, 37-18-02 , 37-18-03, and 37-18-09 of the North Dakota Century code, relating to the qualifications, compensation , and terms of members of the veterans' aid commission, appropriations to the veterans' aid fund, the postwar rehabilitation fund, meetings , compensation, powers and duties, oath and bond, approval of contracts, advertisement for bids by the trustees of the soldiers' home, qualifications and appointment of the veterans' service commissioner, and the advisory committee to the department of veterans' affairs.

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

SECTION 1. ADMINISTRATIVE COMMITTEE ON VETERANS ' AFFAIRS - MEMBERSHIP - APPOINTMENT.) There is hereby created an administrative committee on veterans' affairs, which, for purposes of this Act, shall ·hereinafter be referred to as the "committee". The committee shall consist of four ex officio nonvoting members and twelve voting members. The adjutant general, the center director of the veterans' administration, the executive director of the North Dakota employment Security bureau, 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, and the veterans of world War I, U.S.A., incorporated, shall each prepare a list containing the names of six persons qualifying as veterans under the provisions of section 37-01-40, for appointment as voting members of the committee. On or before July 1, 1971, the governor shall select twelve' nominees, three from each list, four of whom shall be appointed to a term of three years, four of whom shall be appointed to a term of two years, and four 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 3 7-01-40, 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 four 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 day 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.

SECTION 2. CHAIRMAN - SECRETARY - DUTIES - TERMS -MEETINGS.) A chairman and a secretary of the committee shall be appointed by the governor from among the voting membership of the committee. Such appointment shall be made annually, with the term of office to begin on the first day of July of the year specified and to end on the thirtieth day of June of the following year. Meetings of the committee shall be held upon the call of the chairman, at such times and places as may be selected by him, and upon due notice to committee members by the secretary. Meetings shall also be called by the chairman upon the written request of any four voting members of the committee. A majority of the members of the committee shall be required for a quorum, and a majority of the members present voting in favor thereof shall be required for any action.

SECTION 3. POWERS AND DUTIES OF COMMITTEE -- CREATION OF SUBCOMMITTEES.) The committee Shall be responsible for organization, policy, and general administration of all veterans

affairs in the state of North Dakota. It shall have the following powers and duties:

1. 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 soldiers" home, and` a seven-member 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 anyone voting member serve on both subcommittees at the same time, and each nominating organization listed in section 1 of this Act 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 sub- committee 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.

2. The committee shall detail the specific powers and duties of each subcommittee relating to supervision, government, and implementation of programs or services provided by the soldiers' home and the department of veterans' affairs.

3. The committee shall appoint the commandant of the soldiers' home and the commissioner of the department of veterans' affairs. Individuals appointed to these positions must be bona fide residents of the state, must hold an honorable discharge from active service within the armed forces of the United States, and must have served during a period of war or armed conflict 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 commandant of the soldiers' home and 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 soldiers' home and the commissioner 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 subcommittees.

4. 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.

5. 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 soldiers' home and shall exercise its responsibilities in all things necessary to carry out the provisions of this Act in regard to organization, policy, and general administration of the agencies served and involved in the conduct of veterans' affairs.

SECTION 4. 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 soldiers' home to each of their respective subcommittee members incurring such expenses. Such payment shall be made by warrant-check drawn by the department of accounts and purchases upon the submission of a proper

voucher to it, signed by the commissioner of veterans' affairs or the commandant of the soldiers' home, as the case may be.

SECTION 5. AMENDMENT. ) Section 37-01-25.1 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-01-25.1. REINSTATEMENT TO FORMER POSITION --- APPEALS. ) Any person referred to in section 37-01-25 , who within ninety days after receiving a discharge other than dishonorable from such active Non civilian service, and who is not physically or otherwise incapacitated to perform the duties of the position formerly held by him, applies for such position held by him at the time of entering such active service, shall be given such position or one of like seniority, status, and pay, and shall be immune to discharge from said position except for cause, as defined by the department of veterans' affairs, for a period of one year after entering upon the duties of his civilian position. Any such person not so reemployed or who is discharged within a period of one year without cause, shall have the right of appeal to the department of veterans' affairs under such rules and regulations as the administrative committee on veterans' affairs may promulgate. If the department of veterans' affairs shall find that such person was not reemployed or was discharged within one year without cause, it may order any officer or other appointing power to comply with the provisions of this chapter: If such person at the time of entering Non civilian service shall have been an officer or employee of the state of North Dakota or any political subdivision or city thereof, having a merit or civil service system with an appeal board, such appeal board shall have the same powers as are granted to the department of veterans' affairs in this section. In order to carry out the provisions of this chapter, the department of veterans' affairs is hereby authorized to contract and pay for technical or other services with any board, council, or commission established by such state agencies, departments. or divisions to administer such systems: Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

37-14-18. COUNTY VETERANS ' SERVICE OFFICER --- APPOINTMENT -- 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 part-time basis, an officer to be known as a county veterans' service officer. Such appointment shall be made with the advice of the commissioner of veterans' affairs. It shall be the duty of such county veterans' service officer to acquaint himself with the laws, both state and federal, enacted for the benefit of returning Servicemen and 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 he serves to facilitate their operation and ensure promptness in the solution of the problems concerned with the reestablishment of returning servicemen and women in civilian pursuits.

SECTION 16. 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 SOLDIERS' HOME . ) The general supervision and government of the soldiers' home shall be vested in the administrative committee on veterans' affairs. 

SECTION 17. AMENDMENT . ) Section 37-15-07 of the 1969 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-15-07 . COMMANDANT OF SOLDIERS’ HOME – APPOINTMENT - QUALIFICATIONS - SALARY - TERM -- BOND. ) The appointment, qualifications, term of office, and salary of the commandant of the soldiers' home shall be as prescribed in section 3 of this Act. The commandant shall be bonded through the state bonding fund in the amount as determined by the administrative committee on veterans' affairs, provided that such bond shall be in a minimum amount of five thousand dollars. 

SECTION 18. 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 e. COMPENSATION -- REMOVAL. ) The commandant of the soldiers home shall appoint all necessary subordinate officers of the home. In the appointment of such officers, the preference afforded by the provisions of section 37-01-31 shall be given to those persons who qualify as veterans under section 37-01-40. The compensation of all subordinate officers shall be fixed by the commandant , subject to legislative appropriation, and any such officer may be removed by the commandant for inefficiency or misconduct.

SECTION 19. AMENDMENT . ) Section 37-15-10 of the North Dakota Century Code is hereby amended and reenacted to read:

37-15-10. ADMITTANCE TO SOLDIERS’ HOME – REGULATIONS GOVERNING. ) 

1. No applicant shall be admitted to the soldiers home unless he or she has been a bona fide resident of this state for at least three years next preceding his or her application for admission thereto. The three-year residency immediately preceding application may be waived if the applicant served in a North Dakota regiment or was accredited to the state of North Dakota during a war period. 

2. 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 and are not able to support themselves, due to aforesaid disabilities, may be admitted to the North Dakota soldiers home in accordance with the laws for admission of others and under such rules and regulations as the administrative committee on veterans affairs may adopt. 

3. The wife or widow of a United States or North Dakota serviceman mentioned in subsection 1 of section 37-15-02 may be admitted upon the same footing as her husband, provided, however, that such wife or widow shall have entered into the contract of marriage to her husband at least five years prior to date of application or prior to the date necessary for her to obtain a United States pension and shall have attained the age of forty-five years at date of application. 

4. No person shall be admitted to the home until he or she shall have made formal application and furnished such proof as may be required by the administrative committee on veterans' affairs and such application shall have been approved by the committee or a board of officers of the institution which they shall designate.

5. When a member of the home who is not eligible for veterans' administration hospitalization and care becomes unable from any cause to care for himself or herself under the rules and regulations prescribed by the administrative committee on veterans' affairs for the admission and care of members in the home, he or she shall become a charge of the county of residence at the time of admission. No individual shall gain or lose legal residence by reason of residence In or being a member of the soldiers home.

SECTION 20. AMENDMENT. ) Section 37-15-15 of the 1969 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-15-15. DISBURSCMENT OF MONEYS FROM SOLDIERS ' HOME OPERATING FUND. ) All moneys withdrawn from the soldiers' home operating fund shall be transferred from the operating fund on the basis of an abstract approved by the commandant in accordance with policies established by the administrative committee on veterans' affairs, and approved by the auditing board, containing an enumeration of the names and amounts to be paid each payee by the commandant in accordance with the abstract. Warrant-checks drawn upon the state treasurer against the soldiers' home operating funds for transfer of funds to an account in the Bank of North Dakota for disbursement shall be prepared by the department of accounts and purchases upon approval of the abstract by the state auditing board.

SECTION 21. AMENDMENT. ) Section 37-15-16 of the 1969 Supplement to 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 soldiers' home shall die leaving property of the value of three hundred dollars or less, the commandant immediately shall take charge of such property. If within one year of the date of the death of such member no valid claim of any heir or legatee is made for the property and no application is made for letters of administration, the commandant shall convert the property into cash without probate or other proceedings and shall deposit the cash with the state treasurer who shall credit it to the soldiers' home operating fund. The commmandant shall make a report of his action to the administrative committee on veterans' affairs, which report shall be audited by, and spread upon the records of, the committee. 

SECTION 22.  AMENDMENT. ) Section 37-15-19 of the 1969 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

37-15-19. REPORT OF COMMANDANT To GOVERNOR AND SECRETARY OF STATE.) On or before the first day of October of each year preceding the regular session of the legislative assembly, the commandant of the soldiers° home shall make to the governor and the secretary of state a full and detailed report as prescribed by subsection 6 of section 54-06-0 4 of the disbursements of the home for the two preceding fiscal years and of its condition financially and otherwise. 

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

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

SECTION 1. TITLE.) This Act shall be known and may be cited as the "Vietnam Conflict Veterans' Adjusted Compensation Act".

SECTION 2. DEFINITIONS.) As used in this Act:

1. "Period of service" means the period of time beginning August 5, 1964, and ending on a 
   date prescribed by the President or the Congress for the cessation of hostilities in Vietnam.

2. "Veteran" means a man or woman who served honorably and faithfully for more than sixty 
   days on active duty in the armed forces of the United States, at any time during the 
   period of service, and who was a resident of the state of North Dakota at the time of 
   entering upon such duty and for at least six months prior thereto, and who has not received 
   bonus or adjusted compensation from another state for the period of service. 

3. "Beneficiary" in relation to a deceased veteran, means, in the order named:

1. The surviving unremarried husband or wife as of the date of signing the application.

2. The surviving child or children and the lawful issue of a deceased child or children 
   by right of representation.

3. The surviving person standing in loco parentis; or

4. The surviving parent or parents.

4. Honorable and faithful service" shall be such service as is evidenced by:

1. An honorable discharge, or its equivalent.

2. In the case of an officer, a certificate of service; and

3. In the case of a veteran who has not been discharged, a certificate from appropriate service authority that his service was honorable and faithful.

5. "Foreign service" means service by a veteran during the period of service anywhere outside of any state of the United States and the District of Columbia.

6. "Domestic service" means service by a veteran during the period of service in any state of the United States and the District of Columbia.

7. "Adjutant general" means the adjutant general of the state of North Dakota.

8. "Resident" means a person who has acquired a status as follows:

1. Was born in and lived in the state of North Dakota until entrance into the armed forces of the United States.

2. Was born in, but was temporarily living outside the state of North Dakota, not having abandoned residence therein prior to entrance into the armed forces of the United States; or

3. Was born elsewhere but had resided within the state of North Dakota for at least six months prior to entrance into military service and had prior to or during such six-month period:  

1. Registered for voting, or voted in the state of North Dakota. 

2. 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; and

3. If not registered for voting in the state of North Dakota, was not registered for voting in another state, and had resided in the state of North Dakota for at least six months prior to entrance into the armed forces of the United States. 

4. In all other cases where the veteran was a bona fide resident of the state of North Dakota at the time of entering the armed forces as deter- mined in accordance with the rules and regulations of the adjutant general and the laws of the state of North Dakota. No person shall be considered a resident of North Dakota for the purpose of receiving any benefits under this Act if he was on continuous active duty in the armed forces for a period of fifteen years or more, immediately prior to August 5, 1964, and has not established actual abode in North Dakota prior to the effective date of this Act.

SECTION 3. PAYMENT OF ADJUSTED COMPENSATION FOR DOMESTIC AND FOREIGIN SERVICE.) Each veteran shall be paid for domestic service twelve dollars and fifty cents for each month or major 
fraction thereof and shall be paid for foreign service seventeen dollars and fifty cents for each month or major fraction thereof. If the veteran be deceased, payments shall be made to the beneficiary. Applications for adjusted compensation may be filed with the adjutant general after the date of October 1, 1971. 
SECTION 4. PAYMENT TO BENEFICIARY OF VETERAN WHO DIED IN ACTIVE SERVICE.) In the case of a veteran who died in active service during the period of service, there shall be paid to the beneficiary of such veteran an amount as determined by section 3 of this Act, provided that in no case shall such 
beneficiary be paid less than six hundred dollars. 
SECTION 5. APPLICATION.) Each veteran or his beneficiary entitled to payment shall make application to the adjutant general of the state of North Dakota upon such form as may be prescribed by him, provided that if the veteran be incompetent or his beneficiary be incompetent or a minor, 
application shall be made by the guardian, if any, of the veteran or beneficiary, or, if there be no guardian, then by the person, determined by the adjutant general, to have assumed the major responsibility for the care of the veteran or beneficiary and to be a proper person to receive payment for the veteran or beneficiary, or in case of a veteran who is hospitalized in a state, county, or federal institution if no application has otherwise been approved by the adjutant general, by the person in charge of such institution with the approval of the adjutant general. For the purpose of this section, the 
word "minor" shall not include the unremarried wife of a veteran. Each application shall be accompanied by a certified copy of honorable discharge or by other evidence of honorable and faithful service as set forth in section 2 of this Act. Each application shall be subscribed and sworn to by the applicant in such manner as may be prescribed by the adjutant general. The adjutant general shall provide by regulation for an endorsement on the evidence of honorable and faithful service required that application for payment has been made. 
SECTION 6. METHOD OF PAYMENT DEDUCTION OF SUMS DUE EDUCATIONAL ASSISTANCE FUND AND VETERANS AID FUND.) Upon submission to him of satisfactory proof that the applicant is 
entitled to payment under this Act, the adjutant general shall compute the amount of payment due the applicant, make a record thereof, and forward a voucher for the payment to the department of accounts and purchases, which shall cause a warrant~ check to be issued for the amount of the claim. Payment shall be made from funds appropriated by the legislative assembly, pursuant to the amendment to the Constitution of North Dakota adopted by the Forty-first Legislative Assembly as Senate Concurrent Resolution No. 17, and approved by the people at the primary election held in September 1970. Where the veteran or the applicant for payment under this Act is indebted to the veterans' aid fund of the state of North Dakota, the adjutant general shall determine the amount of such indebtedness and certify such determination to the department of accounts and purchases, together with the record of payment due. Within the limits of the payment due, the amount of such indebtedness shall be paid to the veterans' aid fund and the applicant shall be paid the difference, if any, to which he may be entitled. Grants or stipends paid by the state to any veteran for educational assistance under chapter 37-24 of this Code shall be deducted from the adjusted compensation payable to such veteran under this Act, and the department of veterans' affairs shall certify to the adjutant general the names of those veterans that have received educational assistance and the amounts received therefor; also, the names of those veterans who will receive educational assistance and the amounts to be received within ten days after it is determined that such veteran is eligible for and will receive such educational assistance. 
SECTION 7. PAYMENTS EXEMPT FROM TAXATION AND FROM EXECUTION - ASSIGNMENTS VOID - DEBTS TO STATE AND POLITICAL SUBDIVISIONS NOT DEDUCTED. ) Payments under this Act shall be exempt from all taxation and from levy, garnishment, attachment, and sale on execution. Any pledge, mortgage, sale, assignment, or transfer heretofore or hereafter made, of any right, claim, or interest in any claim or payment under this Act shall be void and payment to the veteran shall not be denied, because of any sums owed to ·the state or any political subdivisions except as provided in section 6 of this Act. 
SECTION 8. DUTY OF ADJUTANT GENERAL - FINALITY OF DECISIONS QUESTIONS OF RESIDENCE SUBJECT TO COURT REVIEW. ) For the purpose of carrying into effect the provisions of this Act, the adjutant general is charged with the administration thereof, and for that purpose he shall prepare and distribute application blanks, investigate all claims and applications filed with him, and if satisfied of the proof of such claim and application, approve the same and direct payment thereof, and shall make any regulation necessary to the efficient administration of the provisions of this Act. The books, papers, and records, together with the filing cases and equipment procured and used in the administration of this Act, shall become a part of the permanent records of the office of the adjutant general. The adjutant general shall have authority to determine any claim in any case where a doubt arises. as to the eligibility of an applicant to receive payment, and the decision of the adjutant general in such case shall be final, except on questions of residence which shall be subject to review by a court of competent jurisdiction. The adjutant general shall authorize payment for prisoners of war upon their release and return. 
 

SECTION 9. PENALTY FOR FALSE STATEMENT. ) Any person who shall willfully make a false statement in the application for benefits under the provisions of this Act shall be guilty of a misdemeanor. 

SECTION 10. TIME LIMIT FOR FILING OR RECEIVING APPLICATIONS.) No application for benefits under the provisions of this Act shall be filed or received after three years from the date prescribed by the President or the Congress for the cessation of hostilities in Vietnam. 

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

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

SECTION 1. TITLE.) This Act shall be known and may be cited as the "Vietnam Conflict Veterans' Adjusted Compensation Act".

SECTION 2. DEFINITIONS.) As used in this Act:

1. "Period of service" means the period of time beginning August 5, 1964, and ending on a 
   date prescribed by the President or the Congress for the cessation of hostilities in Vietnam.

2. "Veteran" means a man or woman who served honorably and faithfully for more than sixty 
   days on active duty in the armed forces of the United States, at any time during the 
   period of service, and who was a resident of the state of North Dakota at the time of 
   entering upon such duty and for at least six months prior thereto, and who has not received 
   bonus or adjusted compensation from another state for the period of service. 

3. "Beneficiary" in relation to a deceased veteran, means, in the order named:

1. The surviving unremarried husband or wife as of the date of signing the application.

2. The surviving child or children and the lawful issue of a deceased child or children 
   by right of representation.

3. The surviving person standing in loco parentis; or

4. The surviving parent or parents.

4. Honorable and faithful service" shall be such service as is evidenced by:

1. An honorable discharge, or its equivalent.

2. In the case of an officer, a certificate of service; and

3. In the case of a veteran who has not been discharged, a certificate from appropriate service authority that his service was honorable and faithful.

5. "Foreign service" means service by a veteran during the period of service anywhere outside of any state of the United States and the District of Columbia.

6. "Domestic service" means service by a veteran during the period of service in any state of the United States and the District of Columbia.

7. "Adjutant general" means the adjutant general of the state of North Dakota.

8. "Resident" means a person who has acquired a status as follows:

1. Was born in and lived in the state of North Dakota until entrance into the armed forces of the United States.

2. Was born in, but was temporarily living outside the state of North Dakota, not having abandoned residence therein prior to entrance into the armed forces of the United States; or

3. Was born elsewhere but had resided within the state of North Dakota for at least six months prior to entrance into military service and had prior to or during such six-month period:  

1. Registered for voting, or voted in the state of North Dakota. 

2. 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; and

3. If not registered for voting in the state of North Dakota, was not registered for voting in another state, and had resided in the state of North Dakota for at least six months prior to entrance into the armed forces of the United States. 

4. In all other cases where the veteran was a bona fide resident of the state of North Dakota at the time of entering the armed forces as deter- mined in accordance with the rules and regulations of the adjutant general and the laws of the state of North Dakota. No person shall be considered a resident of North Dakota for the purpose of receiving any benefits under this Act if he was on continuous active duty in the armed forces for a period of fifteen years or more, immediately prior to August 5, 1964, and has not established actual abode in North Dakota prior to the effective date of this Act.

SECTION 3. PAYMENT OF ADJUSTED COMPENSATION FOR DOMESTIC AND FOREIGIN SERVICE.) Each veteran shall be paid for domestic service twelve dollars and fifty cents for each month or major 
fraction thereof and shall be paid for foreign service seventeen dollars and fifty cents for each month or major fraction thereof. If the veteran be deceased, payments shall be made to the beneficiary. Applications for adjusted compensation may be filed with the adjutant general after the date of October 1, 1971. 
SECTION 4. PAYMENT TO BENEFICIARY OF VETERAN WHO DIED IN ACTIVE SERVICE.) In the case of a veteran who died in active service during the period of service, there shall be paid to the beneficiary of such veteran an amount as determined by section 3 of this Act, provided that in no case shall such 
beneficiary be paid less than six hundred dollars. 
SECTION 5. APPLICATION.) Each veteran or his beneficiary entitled to payment shall make application to the adjutant general of the state of North Dakota upon such form as may be prescribed by him, provided that if the veteran be incompetent or his beneficiary be incompetent or a minor, 
application shall be made by the guardian, if any, of the veteran or beneficiary, or, if there be no guardian, then by the person, determined by the adjutant general, to have assumed the major responsibility for the care of the veteran or beneficiary and to be a proper person to receive payment for the veteran or beneficiary, or in case of a veteran who is hospitalized in a state, county, or federal institution if no application has otherwise been approved by the adjutant general, by the person in charge of such institution with the approval of the adjutant general. For the purpose of this section, the 
word "minor" shall not include the unremarried wife of a veteran. Each application shall be accompanied by a certified copy of honorable discharge or by other evidence of honorable and faithful service as set forth in section 2 of this Act. Each application shall be subscribed and sworn to by the applicant in such manner as may be prescribed by the adjutant general. The adjutant general shall provide by regulation for an endorsement on the evidence of honorable and faithful service required that application for payment has been made. 
SECTION 6. METHOD OF PAYMENT DEDUCTION OF SUMS DUE EDUCATIONAL ASSISTANCE FUND AND VETERANS AID FUND.) Upon submission to him of satisfactory proof that the applicant is 
entitled to payment under this Act, the adjutant general shall compute the amount of payment due the applicant, make a record thereof, and forward a voucher for the payment to the department of accounts and purchases, which shall cause a warrant~ check to be issued for the amount of the claim. Payment shall be made from funds appropriated by the legislative assembly, pursuant to the amendment to the Constitution of North Dakota adopted by the Forty-first Legislative Assembly as Senate Concurrent Resolution No. 17, and approved by the people at the primary election held in September 1970. Where the veteran or the applicant for payment under this Act is indebted to the veterans' aid fund of the state of North Dakota, the adjutant general shall determine the amount of such indebtedness and certify such determination to the department of accounts and purchases, together with the record of payment due. Within the limits of the payment due, the amount of such indebtedness shall be paid to the veterans' aid fund and the applicant shall be paid the difference, if any, to which he may be entitled. Grants or stipends paid by the state to any veteran for educational assistance under chapter 37-24 of this Code shall be deducted from the adjusted compensation payable to such veteran under this Act, and the department of veterans' affairs shall certify to the adjutant general the names of those veterans that have received educational assistance and the amounts received therefor; also, the names of those veterans who will receive educational assistance and the amounts to be received within ten days after it is determined that such veteran is eligible for and will receive such educational assistance. 
SECTION 7. PAYMENTS EXEMPT FROM TAXATION AND FROM EXECUTION - ASSIGNMENTS VOID - DEBTS TO STATE AND POLITICAL SUBDIVISIONS NOT DEDUCTED. ) Payments under this Act shall be exempt from all taxation and from levy, garnishment, attachment, and sale on execution. Any pledge, mortgage, sale, assignment, or transfer heretofore or hereafter made, of any right, claim, or interest in any claim or payment under this Act shall be void and payment to the veteran shall not be denied, because of any sums owed to ·the state or any political subdivisions except as provided in section 6 of this Act. 
SECTION 8. DUTY OF ADJUTANT GENERAL - FINALITY OF DECISIONS QUESTIONS OF RESIDENCE SUBJECT TO COURT REVIEW. ) For the purpose of carrying into effect the provisions of this Act, the adjutant general is charged with the administration thereof, and for that purpose he shall prepare and distribute application blanks, investigate all claims and applications filed with him, and if satisfied of the proof of such claim and application, approve the same and direct payment thereof, and shall make any regulation necessary to the efficient administration of the provisions of this Act. The books, papers, and records, together with the filing cases and equipment procured and used in the administration of this Act, shall become a part of the permanent records of the office of the adjutant general. The adjutant general shall have authority to determine any claim in any case where a doubt arises. as to the eligibility of an applicant to receive payment, and the decision of the adjutant general in such case shall be final, except on questions of residence which shall be subject to review by a court of competent jurisdiction. The adjutant general shall authorize payment for prisoners of war upon their release and return. 
 

SECTION 9. PENALTY FOR FALSE STATEMENT. ) Any person who shall willfully make a false statement in the application for benefits under the provisions of this Act shall be guilty of a misdemeanor. 

SECTION 10. TIME LIMIT FOR FILING OR RECEIVING APPLICATIONS.) No application for benefits under the provisions of this Act shall be filed or received after three years from the date prescribed by the President or the Congress for the cessation of hostilities in Vietnam.