Chapter 238
HB 104
AN ACT Providing for Preference for Returned Veterans in Employment on All Public Works and Providing means for Enforcing the Right and declaring an Emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
In each public department and upon all public works of the State of North Dakota and of the counties, cities or villages therein, honorable discharged members of the Armed Forces who have defended this nation in time of war, or their widows, or their wives when the veteran is wholly incapacitated by reason. of disabilities not resulting from his own vicious habits, shall be preferred for appointment, and age, loss of limb or other physical impairment which does not in fact incapacitate the persons "from performing the duties of the positions sought, shall not disqualify them, if they possess the requisite qualifications and business capacity to discharge the duties of the positions involved. Provided further, that to be eligible under the provisions of this Act the person applying shall be a citizen of the United States and shall have been a resident of the State of North Dakota at the time of his or her induction or enlistment in the armed forces and where a county, city or village appointment is involved the applicant shall have been a resident of such political subdivision for at least six months immediately ·preceding the appointment sought.
A vacancy shall be considered to exist under the provisions of this Act whenever the term of the incumbent expires by reason of death, resignation, dismissal for cause or the expiration of the tenure of appointment requiring a new appointment. The replacemet of an incumbent by a veteran, widow or wife without such event occurring is not contemplated by the provisions of this act.
Exceptions.] Excepted from the provisions of this Act are the personal staff of the Governor and the first assistant or deputy of an elected department head plus the personal secretary of each elected official. There shall also be excepted from the operation of this act any temporary investigating committee or group appointed by the Governor or the Legislative Assembly. This Act shall not interfere with the regular operation of the Merit System, except that upon proof submitted showing honorable service during a war a veteran shall have 5% added to the rating which he obtains on examination and a disabled veteran with a service connected disability shall have 10% added to his rating so obtained.
Remedy.] Whenever an eligible veteran, widow or wife has made application for a public position and is refused an appointment for which he or she possesses the necessary qualifications, in violation of the spirit and intent of this act, then such person shall have the right to petition by verified petition the District Court of the State of North Dakota in the county in which the work is to be performed, setting forth the facts of his application qualifications, competency and honorable discharge entitling him or her to preference under this Act and upon the fling of such petition the Judge in said court shall forthwith issue an order to show cause to the appointing authority directing said authority to appear in said court at a specified time and place, not less than five nor more than ten days after the filing of 'said verified petition, to show cause, if any, he have why said veteran or person entitled to preference should not be employed by him and the said District Court shall have jurisdiction upon the proper showing to issue its order directing and ordering said appointing authority to comply with this law in giving the preference herein provided.
Should any part of this Act be declared invalid all other parts and provisions thereof shall remain in full force and effect.
AlI acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Emergency.] This act is hereby declared to be an emergency measure and the same shall be in full force and effect from and after its passage and approval.
Approved March 13, 1945
- Employment: Veterans Preference
Chapter 238
HB 104
AN ACT Providing for Preference for Returned Veterans in Employment on All Public Works and Providing means for Enforcing the Right and declaring an Emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
In each public department and upon all public works of the State of North Dakota and of the counties, cities or villages therein, honorable discharged members of the Armed Forces who have defended this nation in time of war, or their widows, or their wives when the veteran is wholly incapacitated by reason. of disabilities not resulting from his own vicious habits, shall be preferred for appointment, and age, loss of limb or other physical impairment which does not in fact incapacitate the persons "from performing the duties of the positions sought, shall not disqualify them, if they possess the requisite qualifications and business capacity to discharge the duties of the positions involved. Provided further, that to be eligible under the provisions of this Act the person applying shall be a citizen of the United States and shall have been a resident of the State of North Dakota at the time of his or her induction or enlistment in the armed forces and where a county, city or village appointment is involved the applicant shall have been a resident of such political subdivision for at least six months immediately ·preceding the appointment sought.
A vacancy shall be considered to exist under the provisions of this Act whenever the term of the incumbent expires by reason of death, resignation, dismissal for cause or the expiration of the tenure of appointment requiring a new appointment. The replacemet of an incumbent by a veteran, widow or wife without such event occurring is not contemplated by the provisions of this act.
Exceptions.] Excepted from the provisions of this Act are the personal staff of the Governor and the first assistant or deputy of an elected department head plus the personal secretary of each elected official. There shall also be excepted from the operation of this act any temporary investigating committee or group appointed by the Governor or the Legislative Assembly. This Act shall not interfere with the regular operation of the Merit System, except that upon proof submitted showing honorable service during a war a veteran shall have 5% added to the rating which he obtains on examination and a disabled veteran with a service connected disability shall have 10% added to his rating so obtained.
Remedy.] Whenever an eligible veteran, widow or wife has made application for a public position and is refused an appointment for which he or she possesses the necessary qualifications, in violation of the spirit and intent of this act, then such person shall have the right to petition by verified petition the District Court of the State of North Dakota in the county in which the work is to be performed, setting forth the facts of his application qualifications, competency and honorable discharge entitling him or her to preference under this Act and upon the fling of such petition the Judge in said court shall forthwith issue an order to show cause to the appointing authority directing said authority to appear in said court at a specified time and place, not less than five nor more than ten days after the filing of 'said verified petition, to show cause, if any, he have why said veteran or person entitled to preference should not be employed by him and the said District Court shall have jurisdiction upon the proper showing to issue its order directing and ordering said appointing authority to comply with this law in giving the preference herein provided.
Should any part of this Act be declared invalid all other parts and provisions thereof shall remain in full force and effect.
AlI acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Emergency.] This act is hereby declared to be an emergency measure and the same shall be in full force and effect from and after its passage and approval.
Approved March 13, 1945
- Employment: Veterans Preference
Chapter 238
HB 104
AN ACT Providing for Preference for Returned Veterans in Employment on All Public Works and Providing means for Enforcing the Right and declaring an Emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
In each public department and upon all public works of the State of North Dakota and of the counties, cities or villages therein, honorable discharged members of the Armed Forces who have defended this nation in time of war, or their widows, or their wives when the veteran is wholly incapacitated by reason. of disabilities not resulting from his own vicious habits, shall be preferred for appointment, and age, loss of limb or other physical impairment which does not in fact incapacitate the persons "from performing the duties of the positions sought, shall not disqualify them, if they possess the requisite qualifications and business capacity to discharge the duties of the positions involved. Provided further, that to be eligible under the provisions of this Act the person applying shall be a citizen of the United States and shall have been a resident of the State of North Dakota at the time of his or her induction or enlistment in the armed forces and where a county, city or village appointment is involved the applicant shall have been a resident of such political subdivision for at least six months immediately ·preceding the appointment sought.
A vacancy shall be considered to exist under the provisions of this Act whenever the term of the incumbent expires by reason of death, resignation, dismissal for cause or the expiration of the tenure of appointment requiring a new appointment. The replacemet of an incumbent by a veteran, widow or wife without such event occurring is not contemplated by the provisions of this act.
Exceptions.] Excepted from the provisions of this Act are the personal staff of the Governor and the first assistant or deputy of an elected department head plus the personal secretary of each elected official. There shall also be excepted from the operation of this act any temporary investigating committee or group appointed by the Governor or the Legislative Assembly. This Act shall not interfere with the regular operation of the Merit System, except that upon proof submitted showing honorable service during a war a veteran shall have 5% added to the rating which he obtains on examination and a disabled veteran with a service connected disability shall have 10% added to his rating so obtained.
Remedy.] Whenever an eligible veteran, widow or wife has made application for a public position and is refused an appointment for which he or she possesses the necessary qualifications, in violation of the spirit and intent of this act, then such person shall have the right to petition by verified petition the District Court of the State of North Dakota in the county in which the work is to be performed, setting forth the facts of his application qualifications, competency and honorable discharge entitling him or her to preference under this Act and upon the fling of such petition the Judge in said court shall forthwith issue an order to show cause to the appointing authority directing said authority to appear in said court at a specified time and place, not less than five nor more than ten days after the filing of 'said verified petition, to show cause, if any, he have why said veteran or person entitled to preference should not be employed by him and the said District Court shall have jurisdiction upon the proper showing to issue its order directing and ordering said appointing authority to comply with this law in giving the preference herein provided.
Should any part of this Act be declared invalid all other parts and provisions thereof shall remain in full force and effect.
AlI acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Emergency.] This act is hereby declared to be an emergency measure and the same shall be in full force and effect from and after its passage and approval.
Approved March 13, 1945
- Employment: Veterans Preference
Chapter 237
HB 107
AN ACT Creating a department of veterans' affairs and defining the scope thereof; establishing the office of commissioner of veterans’ affairs; providing the qualifications, the manner of appointment, duties and salary of such officer, and prescribing his duties.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
There is hereby established a Department of Veterans’ Affairs under the supervision and control of a Commissioner known as Commissioner of Veterans’ Affairs, hereinafter referred to as the Commissioner.
QUALIFICATIONS AND APPOINTMENT.] Such Commissioner shall be appointed by the Governor of the State of North Dakota and such appointment shall be given to one of three persons selected by a committee composed of the Department Commander of the United Spanish War Veterans Department of North Dakota, the Department Commander of the Veterans of Foreign Wars of the United States, Department of North Dakota, the Department Commander of the American Legion, Department of North Dakota, the department Commander of Disabled American Veterans of the World War, Department of North Dakota, and the Adjutant General of the State of North Dakota, or a majority thereof. Any person to be eligible for appointment as such commissioner shall be an actual and bona fide resident of North Dakota and shall possess an honorable discharge from the Armed Forces of the United States. His term of office shall be for two years and shall commence on July 1, 1945, and on every second anniversary thereof; he shall furnish a surety bond in the sum of five thousand dollars
ADVISORY COMMITTEE.] The Governor shall appoint a Committee of not less than seven not more than fifteen members to be made up of representatives of all veterans’ organizations chartered by the Congress of the United States and representatives of state and federal agencies directly concerned in the program of re-establishment of returned veterans. Such committee shall serve in an advisory capacity to the Department of Veterans’ Affairs. The members of the Committee shall serve without compensation and at the pleasure of the Governor.
DUTIES.] It shall be the duty of the Commissioner to coordinate agencies or instrumentalities of the State set up to render service and benefits to returning veterans; to have charge of and implement programs and benefits authorized by statute; to assist veterans in processing claims; to advise and assist veterans in taking advantage of the provisions of the Servicemen’s Readjustment Act of 1944; or any similar or related measures afforded by the Federal Government; to assist County Service Officers in the formation of County Service to Veterans’ Committees and to outline, assist and direct the activities of such committees; to disseminate information and to do any and all things necessary and proper for the purpose of carrying out the intent and purposes of this Act.
SEAL OF COMMISSIONER; POWER TO ADMINISTER OATHS AND MAKE CERTIFICATIONS.] The Commissioner shall have a seal of office and may administer oaths and take acknowledgements in connections with the prosecution of any claim for compensation, hospitalization, insurance, or other aid or benefits. Such commissioner may certify to the correctness of any document or documents which may be submitted in connection with such application.
ESTABLISHMENT OF DIVISIONS, ASSISTANTS.] The Commissioner is hereby authorized and empowered to establish within his department a claims division, a loan division, a field division and such other divisions as from time to time may become necessary to carry out the purposes of this Act; to appoint such assistants as may be necessary and to prescribe regulations and rules of procedures.
COMPENSATION AND EXPENSES.] The Commissioner shall receive a salary of 4200.00 per annum. He shall be allowed such amounts for travel, clerk hire, and expenses as may be prescribed from time to time by legislative appropriations.
OFFICE OF COMMISSIONER; WHERE LOCATED.] The office of the Commissioner shall be located in the same city as the principal office of the Veterans’ Administrator for this State. If the Veterans’ Administrator is removed from the state, such commissioner’s office shall be located in the State Capitol building.
The Department of Veterans’ Affairs constitutes a continuation of the formed office of Veterans’ Service Commissioner and not a new authority and any duty, power or obligation assigned or delegated to the Veterans’ Service Commissioner shall be deemed to be transferred to and assumed by the Commissioner of Veterans’ Affairs who shall be subrogated to all the rights and duties of the Veterans’ Service Commissioner.
All unexpected funds appropriated or made available to the office of the Veterans’ Service Commissioner for the purpose of any of its functions, powers, or duties, which are transferred by this act to the Department of Veterans’ Affairs, are hereby transferred to the latter.
Approved February 27, 1945
- Department of Veterans Affairs
Chapter 241
HB 119
AN ACT To Provide for the Compilation, Publication and Distribution of the Record of Residents of North Dakota Who Rendered Military Service on Behalf of the State, Served in the Merchant Marine, and Assisted in the Administration of the Selective Service Act During World War II.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
The Adjutant General of the State of North Dakota is hereby authorized and directed to compile, publish and distribute in accordance with such rules and regulations as he might adopt, a record of the residents, men and women, of the State of North Dakota, who rendered military service on behalf of the State, served in the Merchant Marine, and assisted in the administration of the Selective Service Act during World War II.
The Adjutant General shall have power and authority to do and perform any and all acts and things which may to him seem necessary and proper for the purpose of carrying out the terms and conditions and spirit of this act.
- Department of Veterans Affairs
Chapter 233
HB 213
AN ACT Amending and re-enacting Section 37-0301 of the North Dakota Revised Code of 1943 relating to the office of the Adjutant General.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
AMENDMENT.) That Section 37-0301 be amended and re-enacted to read as follows:
37-0301. ADJUTANT GENERAL: APPOINTMENT; QUALIFICATIONS; TERM; SALARY; OFFICE AT CAPITOL; REMOVAL.) The adjutant general shall be appinted by the governor and shall have been a federally recognized commissioned officer of the national guard for a period of at least three years immediately preceding his appointment. His term of office shall be for six years and shall commence on July 1, 1941, and on every sixth anniversary thereof. Any vacancy in such office may be filled by the governor, but an appointment to fill a vacancy shall be made only for the unexpired term. The salary of the adjutant general shall be thirty-three hundred dollars per annum. He shall have his office at the state capitol. The provisions of chapter 4 of this title relating to the vacation of commissions, retirement, and discharge shall apply to the adjutant general.
Approved March 14, 1945
- National Guard Specific
Chapter 239
SB 176
AN ACT Relating to the status of officers and employees of the state and political subdivisions in active non-civilian service; providing for the reinstatement of such persons to the positions held by them; repealing Section 37-0125 of the North Dakota Revised Code of 1943 and all acts or parts of acts in conflict with this act; providing penalties for the violation of this act; and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
Officers AND Employees or State or Political SUBDIVISIONS IN National Guard OR Federal Service to Retain Status FOR Period or Active Service.] All officers and employees of this state or of a political subdivision thereof who : ( ı) are members of the National Guard ; (2) are members of the `Officers' Reserve Corps 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 non-civilian employment, shall be entitled to a leave of absence from such civil employment for the period of such active service without loss of status or efficiency rating, and if they have been in the continuous employ thereof for ninety (90) days immediately preceding without loss of pay during the first thirty (30) days of such leave of absence.
Reinstatement To Former Position; Appeals.] Any person referred to in section (ı) of this act, who within ninty (90) 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 Veterans' Aid Commission hereinafter referred to, for a period of one ( ı) year after entering upon the duties of his civilian' position. Any such person not so re-employed or who is discharged within such a period of one (ı) year without cause, shall have the right of appeal to the Veterans' Aid Commission provided for in Chapter 37-I4 of the North Dakota Revised Code of I943, under such rules and regulations as said Veterans' Aid Commission may promulgate. If said Veterans' Aid Commission shall find that such person was not re-employed or was discharged within one (ı) year without cause, it may order any officer or other appointing power to comply with the provisions of this act; provided, however; that if such person at the time of entering such non civilian service shall have been an officer or employee of any department or division of the State of North Dakota or a political subdivision thereof, having a merit `system of personnel administration established pursuant to state statutes or federal laws and regulations, or a city operating under a civil service system, and having appeal body, which appeal body shall have the same powers as are herein granted to Veterans' Aid Commission. In order to carry out the provisions of this act, the Veterans' Aid Commission 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.
Penalty.] Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor and subject to a fine of not more than Five Hundred Dollars ($500.00) or ninety (90) days imprisonment, or both such fine and imprisonment.
Repeal.] Section 37-0125 of the North Dakota Revised Code of I943 and all acts or parts of acts in conflict with this act are hereby repealed.
Emergency.] This act is hereby declared an emergency measure and shall be in full force and effect from and after its pas- sage and approval.
Approved March 13, 1945
- Employment
Chapter 239
SB 176
AN ACT Relating to the status of officers and employees of the state and political subdivisions in active non-civilian service; providing for the reinstatement of such persons to the positions held by them; repealing Section 37-0125 of the North Dakota Revised Code of 1943 and all acts or parts of acts in conflict with this act; providing penalties for the violation of this act; and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
Officers AND Employees or State or Political SUBDIVISIONS IN National Guard OR Federal Service to Retain Status FOR Period or Active Service.] All officers and employees of this state or of a political subdivision thereof who : ( ı) are members of the National Guard ; (2) are members of the `Officers' Reserve Corps 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 non-civilian employment, shall be entitled to a leave of absence from such civil employment for the period of such active service without loss of status or efficiency rating, and if they have been in the continuous employ thereof for ninety (90) days immediately preceding without loss of pay during the first thirty (30) days of such leave of absence.
Reinstatement To Former Position; Appeals.] Any person referred to in section (ı) of this act, who within ninty (90) 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 Veterans' Aid Commission hereinafter referred to, for a period of one ( ı) year after entering upon the duties of his civilian' position. Any such person not so re-employed or who is discharged within such a period of one (ı) year without cause, shall have the right of appeal to the Veterans' Aid Commission provided for in Chapter 37-I4 of the North Dakota Revised Code of I943, under such rules and regulations as said Veterans' Aid Commission may promulgate. If said Veterans' Aid Commission shall find that such person was not re-employed or was discharged within one (ı) year without cause, it may order any officer or other appointing power to comply with the provisions of this act; provided, however; that if such person at the time of entering such non civilian service shall have been an officer or employee of any department or division of the State of North Dakota or a political subdivision thereof, having a merit `system of personnel administration established pursuant to state statutes or federal laws and regulations, or a city operating under a civil service system, and having appeal body, which appeal body shall have the same powers as are herein granted to Veterans' Aid Commission. In order to carry out the provisions of this act, the Veterans' Aid Commission 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.
Penalty.] Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor and subject to a fine of not more than Five Hundred Dollars ($500.00) or ninety (90) days imprisonment, or both such fine and imprisonment.
Repeal.] Section 37-0125 of the North Dakota Revised Code of I943 and all acts or parts of acts in conflict with this act are hereby repealed.
Emergency.] This act is hereby declared an emergency measure and shall be in full force and effect from and after its pas- sage and approval.
Approved March 13, 1945
- Employment
Chapter 235
SB 35
AN ACT Providing for furnishing veterans, or their representatives, without charge of copies of public records; exempting officers from certain accountability, repealing all acts in conflict, and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
If a copy of any public record is required by any veterans, of 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.
If any public official has issued certified copies of any such record as provided in Section 1 of this Act, prior to the effective dates hereof, such official shall in that case not be held accountable for fees not collected.
EMERGENCY.] This Act is hereby declared to be an emergency, and shall be in full force and effect after the date of its passage and approval.
REPEAL.] All acts or parts of acts in conflict are hereby repealed.
Approved February 23, 1945
- Legal Services
Chapter 235
SB 35
AN ACT Providing for furnishing veterans, or their representatives, without charge of copies of public records; exempting officers from certain accountability, repealing all acts in conflict, and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
If a copy of any public record is required by any veterans, of 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.
If any public official has issued certified copies of any such record as provided in Section 1 of this Act, prior to the effective dates hereof, such official shall in that case not be held accountable for fees not collected.
EMERGENCY.] This Act is hereby declared to be an emergency, and shall be in full force and effect after the date of its passage and approval.
REPEAL.] All acts or parts of acts in conflict are hereby repealed.
Approved February 23, 1945
- Legal Services
Chapter 235
SB 35
AN ACT Providing for furnishing veterans, or their representatives, without charge of copies of public records; exempting officers from certain accountability, repealing all acts in conflict, and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
If a copy of any public record is required by any veterans, of 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.
If any public official has issued certified copies of any such record as provided in Section 1 of this Act, prior to the effective dates hereof, such official shall in that case not be held accountable for fees not collected.
EMERGENCY.] This Act is hereby declared to be an emergency, and shall be in full force and effect after the date of its passage and approval.
REPEAL.] All acts or parts of acts in conflict are hereby repealed.
Approved February 23, 1945
- Legal Services
Chapter 236
SB 68
AN ACT To amend and re-enact Chapter 30 of the authenticated edition of the Acts of the 1944 Special Session of the Twenty-eighth Legislative Assembly House Bill No. 24 authorizing the board of county commissioners to appoint, employ, and pay a county veterans’ service officer under the supervision of the Veterans’ Service Commissioner to assist returning members of the armed forces in the solution of their problems, and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
AEMENDMENT.] Chapter 30 of the authenticated edition of the Acts of the 1944 Special Session of the twenty-eight Legislative Assembly House Bill No. 24 is hereby amended and re-enacted to read as follows:
The board of county commissioners of each county in the state of North Dakota is hereby authorized to appoint, employ, and pay, on a full-time or part-time basis, an officer to be known as a county veterans’ service officer whose duty it shall be 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 may have. It also shall be the duty of the county veterans’ service officer, under the supervision of the Veterans’ Serice Commissioner, to actively cooperate with and to co-ordinate the activities of the state and federal agencies within the county which he serves to facilitate their operation and insure promptness in the solution of the problems concerned with the re-establishment of returning servicemen and women in civilian pursuits.
The county veterans’ service officer shall be paid such monthly salary for full-time or part-time work together with traveling expenses as the board of county commissioners shall deem commensurate with the needs of the situation.
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 March 13, 1945
- Department of Veterans Affairs
- Law/Policy Change
CHAPTER 242
S. B. No. 69
Introduced by Military and Indian Affairs Committee
VETERANS' AID COMMISSION
An Act Amending and re-enacting Sections 37-1401, 37-1404, 37-1405, 37-1406, of the North Dakota Revised Code of 1943, creating a Veterans' Aid Commission, specifying its powers and duties, appropriating the sum of $125,000.00 as a Veterans' Aid Fund, and $10,000.00 for operating expenses providing for the manner of its use, and defining those entitled to aid from such fund.
Be It Enacted by the Legislatfr.1e Assembly of the State of North Dakota:
§ I. AMENDMENT.] That Section 37-1401 of the North Dakota Revised Code of 1943 be and the same is hereby amended and re-enacted to read as follows:
§ 37-1401. There is hereby established a Veterans' Aid Commission consisting of five members to be appointed by the Governor, one of which shall be the Veterans' Service Commissioner. Each of such members shall have been a member of the Armed Forces of the United States during a time when a state of war shall have been declared to exist by the Congress of the United States. The Veterans' Service Commissioner shall be and serve as the Executive Secretary of the Veterans' Aid Commission.
§ 2. AMENDMENT.] That Section 37-1404 of the North Dakota Revised Code of 1943 be and the same is hereby amended and re-enacted to read as follows:
§ 37-1404. The Veterans' Aid Fund is hereby created and established for the purpose of making loans or advancements to any veteran of the Armed Forces of the United States in World War II, who has not been dishonorably discharged.
§ 3. AMENDMENT.] That Section 37-1405 of the North Dakota Revised Code of 1943 be and the same is hereby amended and re-enacted to read as follows:
§ 37-1405. Any such veteran may make application to the Veterans' A id Commission in such form as the Veterans' Aid Commission may provide, either while he or she is waiting for relief or assistance from such other agency, State or Federal, as may provide relief to him, or for further assistance for his education, or otherwise.
§ 4. MENDMENT.] That Section 37-1406 of the North Dakota Revised Code of 1943 be and the same is hereby amended and re-enacted to read as follows:
§ 37-1406. If the Veterans' Aid Commission 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 while the United States was at war, that he is a citizen and resident of the State of North Dakota and that he has not been dishonorably discharged, the Veterans' Aid Commission may advance to such applicant, or a guardian of such applicant, a sum from the Veterans' Aid Fund not to exceed the sum of $50 per month for a period of not to exceed six months; and the aggregate of all loans to a single individual shall not exceed $300.
§ 5. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of $125,000 to be kept by the State Treasurer in a separate trust fund for the Veterans' Aid Commission as provided by law; and from said fund the sum of $10,000 for the necessary administration expense of the Veterans' Aid Commission.
Approved March 9, 1945.
- ACOVA
- Financial
- Financial: Veterans Aid Loan Fund
Chapter 232
SB 72
AN ACT Accepting from the United States and the Lands Improvements Compromising the Bismarck Indian School Plant, to be known as Fraine Barracks; and Declaring an Emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
ACCEPTANCE OF GRANT.) The State of North Dakota hereby accepts from the United States of America the lans and improvements compromising the Bismarck Indian School Plant, as authorized by Public Law 502 of the 78th Congress. Which shall hereafter be known as, “Fraine Barracks,” in hone of the late Brig. Gen. John A. Fraine.
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.
- National Guard Specific
VETERANS AID COMMISSION
CHAPTER 269
H. B. No. 94--(Committee on Appropriations)
VETERANS AID COMMISSION
An Act creating. ·a· Veteran's Aid Commission, specifying- its powers and duties; and appropriating the sum of $75,000.00 as a Veteran's Aid Fund and providing for the manner of its use and defining those entitled to aid from such Fund, and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ I. There is hereby created and established a Veteran's Aid Commission consisting of three members to be appointed by the Governor of North Dakota each of which members shall have been a member of the armed forces of the United States during a time when a state of war shall have been declared to exist by the Congress of the United States. The Veteran's Service Commissioner, as defined by law, shall be and serve as the Executive Secretary of the Veteran's Aid Commission.
§ 2. The term of office of the members of the Veteran's Aid Commission shall expire on June 30, 1945 and any member of the Commission 1nay be at any time removed by the Governor for reasonable cause.
§ 3. There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $75,000.00 to be kept by the State Treasurer in a separate trust fund to be known as the Veteran's Aid Fund, disbursement from which shall be made as provided in this Act.
§ 4. It is the purpose of this Act to provide and establish such Veteran's Aid· Fund so that advancements may be made to honorably discharged veterans of the armed forces of the United States who are physically or mentally disabled or-incapacitated during the period when such veteran is waiting for relief from such other agency as may provide for relief to such veteran, either from the United States Government or any agency or instrumentality thereof, or any other agency established for the relief of Veterans.
§ 5. Any veteran who has made application to any other agency for relief, compensation, or assistance, may make application to the Veteran's Aid Commission as established by this Act in such form as the Veteran's Aid Commission may provide, for assistance and relief predicated upon his inability to care for himself and his dependents during the pendency of such other claim for relief or assistance.
§ 6. If the Veteran's Aid Commission is satisfied by such proof as they may require that such an applicant is an honorably discharged member of the armed forces of the United States, and that he served as a member of such armed forces for an aggregate time of thirty pays during the time when the United States was at war and that he is at the time of making such application, physically or mentally disabled and that he requires interim assistance pending
the action upon his application for relief or assistance to some other agency, and that he is at the time of making such application, a citizen and resident of the State of North Dakota, the Veteran's Aid Commission may advance to such applicant or a guardian of such applicant, a sum from the Veteran's Aid Fund not to exceed the sum of $50.00 per month for a period not to exceed six months.
§ 7. That 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 Veteran's Aid Commission, that he will within a period of two years from the date· oi the receipt of the last item of such advancement, repay to the State of North Dakota for the use of said Veteran's Aid Fund the full amount of all advancements made to him without interest.
§ 8. That for the purpose of disbursing such advancements from the Veteran's Aid Fund, the Veteran's Aid Commission may issue warrants drawn upon the Veteran's Aid Fund and directed to the State Treasurer of North Dakota, to be signed by the Executive Secretary of the Veteran's Aid Commission pursuant to the direction of such Commission, and upon presenting of such a warrant, the State Treasurer shall pay the amount thereof in cash to the payee of said warrant and charge the same against the Veteran's Aid Fund. It is further provided, that it shall not be necessary for any such claims or vouchers to be audited or countersigned by any other official or board of the State of North Dakota.
§ 9. The Veteran's Aid Commission shall keep full records and files of all transactions, applications, advancements and business of the Commission and shall present to the next Legislative Assembly of this State, a full and complete audit and report of all its business and the disbursement made from, and repayments made to, such Veteran's Aid Fund.
§ IO. The Veteran's Aid Commission may make and promulgate such reasonable rules and regulations as may be necessary and proper to administer this Act- and in any hearings or action taken shall not be subject to the provisions of Chapter 240, Session Laws of 1941.
§ II. It is further provided, that the Veteran's Aid Commission may expend for any purposes necessary to the proper administration of this Act sums not to exceed an aggregate of $1000, and tor the items of such sum so expended, vouchers shall be issued in the manner hereinbefore provided.
§ 12. That the Veteran's Aid Commission shall have full and sole power, authority and jurisdiction over the granting or refusal of applications for relief or assistance from the Veteran's Aid Fund and all of its decisions shall be final.
§ 13. That the members of the Veteran's Aid Commission shall receive no salaries or remuneration for their services in the administration of this Act except their actual expenses in the travel to, from and during their attendance at meetings of the Veteran's Aid Commission, such expenses to be repaid by a Voucher issued and drawn as hereinbefore provided, based upon itemized vouchers sworn to by the members of such Commission.
§ 14. Whereas, there are already returning to this State, residents who come within the requirements of this Act and who need the assistance provided by this Act, an Emergency is declared to exist and this Act shall be effective from and after the date of its passage and approval.
Approved March 18, 1943.
- ACOVA
- Financial
- Financial: Veterans Aid Loan Fund
VETERANS
CHAPTER 295
H. B. No. 340— (Committee on Appropriations)
Approved by Committee on Delayed Bills
SPECIAL GUARDIAN FOR VETERANS
An Act to Amend and Re-enact Section 15 of Chapter 247 of the Session Laws for the Year 1939 Relating to the Commitment of Veterans; Appointing the Veteran's Service Commissioner as Special Guardian; Authorizing the Transfer of Veterans to Federal Veteran's Administration Hospitals; Requiring the County Judge to Give Written Notices of the Commitment of Veterans and Declaring an Emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. Amendment. Chapter 247, Laws of North Dakota, 1939, is hereby amended and re-enacted to read as follows:
(a) Whenever it appears that a veteran of any war, military occupation or expedition is eligible for treatment in a United States Veterans Administration Hospital and commitment to such hospital is necessary for the proper care and treatment of such veteran, the chairman of the Commissioners of Insanity is hereby authorized to communicate with the official in charge of such hospital with reference to available facilities and eligibility, and upon receipt of a certificate from the official in charge of such hospital the commissioners may then direct such veteran's commitment to such United States Veterans Administration Hospital. In any case where such procedure is not feasible and as an alternative to such procedure, the Commissioners of Insanity may direct such veteran's commitment to the State Hospital for the Insane in this State until facilities are available at such United States Veterans Administration Hospital. Thereafter such veteran upon admission to such United States Veterans Administration Hospital shall be subject to the rules and regulations of such hospital and the officials of such hospital shall be vested with the same powers now exercised by superintendents of State hospitals for mental diseases within this State with reference to the retention of custody of the veteran so committed, and upon admission of such veteran to such United States Veterans Administration Hospital by transfer from the State Hospital for the Insane, under such commitment, the superintendent of the State Hospital for the Insane shall be relieved of all further and future responsibility therein. Notice of such pending proceedings shall be furnished the person to be committed and his right to appear and defend shall not be denied.
(b) That the Veterans Service Commissioner is hereby empowered to act as the special guardian of the person of each incompetent veteran; that as such guardian the said Veterans Service Commissioner shall have the authority to transfer or consent to the transfer of any such incompetent veteran to the Veterans Administration Hospital at St. Cloud, Minnesota. Such transfer may be made at any time prior or subsequent to commitment of such incompetent veteran in the State Hospital for the Insane at Jamestown; that the said commissioner shall have the authority to do and perform all acts and things necessary or required by State or Federal law to affect the transfer of any such incompetent veteran to a Veterans Administration Hospital pursuant to the terms of this act. (c) That the County. Judge of each county, within three days after the commitment of any incompetent veteran to the State Hospital for the Insane at Jamestown, shall give written notice to the Veterans Service Commissioner, at Fargo of such commitment which notice shall be accompanied by a copy of the order of the commitment of such veteran to said institution.
§ 2. Emergency.] This act is hereby declared an emergency measure and shall be in full force and effect from and after its passage and approval.
Approved March 13, 1941
- Department of Veterans Affairs
- Health & Wellbeing
- Law/Policy Change
CHAPTER 94
S. B. No. 18— (Committee on Appropriations)
VETERANS' SERVICE COMMISSIONER
An Act Providing an appropriation for the paying of salary, clerk hire, travel and general expenses of the office of Veterans' Service Commissioner as prescribed by Chapter 281, Session Laws of North Dakota for 1927, and as amended by Chapter 254 of the Session Laws of 1937.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. Appropr1at1on.] There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $12,660.00, or so much thereof as may be necessary for the biennium beginning July 1st, 1941, and ending June 30th, 1943, to pay salary, clerk hire, travel and general expenses of the office of Veterans' Service Commissioner as prescribed by Chapter 281, Session Laws of North Dakota for 1927, and as amended by Chapter 254 of the Session Laws of 1937 :
Salary $4,800.00
Clerk hire $3,160.00
Postage $600.00
Office Supplies $150.00
Furniture & Fixtures $200.00
Printing $150.00
Miscellaneous $200.00
Travel Expense $1,600.00
Rent $300.00
Emergency $1,500.00
Total $12,660.00
Approved March 21, 1941
- Budget
- Department of Veterans Affairs
CHAPTER 92
H. B. No. 26— (Committee on Appropriations)
VETERANS' SERVICE COMMISSIONER
An act providing an appropriation for the paying of salary, clerkhire, travel and general expenses of the office of Veterans' Service Commissioner as prescribed by Chapter 281, Session Laws of North Dakota for 1927, and as amended by Chapter 254 of the Session Laws of 1937.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§1. Appropr1at1on.] There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $10,360.00, or so much thereof as may be necessary for the biennium beginning July 1st, 1939, and ending June 30th, 1941, to pay salary, clerkhire, travel and general expenses of the office of Veterans' Service Commissioner as prescribed by Chapter 281, Session Laws of North Dakota for 1927, and as amended by Chapter 254 of the Session Laws of 1937:
Salary $ 4,800.00
Clerkhire $2,760.00
Postage $600.00
Office supplies $300.00
Furniture & fixtures $150.00
Printing $150.00
Miscellaneous $300.0
Travel expense $1,000
Rent $300.00
Total $10,360.00
Approved March 7, 1939
- Budget
- Department of Veterans Affairs
CHAPTER 248
H. B. No. 300— (Fitch)
VETERANS GUARDIANSHIP AMENDMENT
An act to amend and re-enact Section 14, Chapter 309 of the Laws of North Dakota, 1931, providing for the furnishing without charge of copies of public records; repealing all acts in conflict and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. Amendment.] Section 14, Chapter 309 of the Laws of North Dakota, 1931, is hereby amended and re-enacted to read as follows:
§ 14. Whenever a copy of any public record is required by the administration to be used in determining the eligibility of any person to participate in benefits made available by such administration, or to be used by such administration in its supervision of estates covered by this act, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the representative of such administration with a certified copy of such record.
§ 2. Repeal.] All acts or parts of acts in conflict herewith are hereby repealed.
§ 3. Emergency.] An emergency is hereby declared to exist, and this act shall be in full force and effect from and after its passage and approval,
Approved March 7, 1939.
- Department of Veterans Affairs
- Law/Policy Change
CHAPTER 249
H. B. No. 356— (Severson)
PREFERMENT FOR OFFICIAL APPOINTMENT
An act to amend and re-enact Section 3186 of the Compiled Laws of North Dakota for 1913, relating to the preferment for official appointment, and providing for repeal of any acts in conflict herewith.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. Amendment.] Section 3186 of the Compiled Laws of the State of North Dakota for 1913, is hereby amended and reenacted to read as follows :
§ 3186. Preferred for Appo1ntment.] In each public department and upon all public works of the State and of the cities and villages therein, honorably discharged veterans from the armed forces of the United States who served in any war, military occupation or expedition engaged in by the United States, shall be preferred for appointment, and age, loss of limb or other physical impairment which does not in fact incapacitate, shall not be deemed to disqualify them, if they possess the requisite qualifications and business capacity necessary to discharge the duties of the position involved.
§ 2. Repeal.] All acts or parts of acts in conflict herewith are hereby repealed.
Approved March 7, 1939.
- Employment
- Employment: Veterans Preference