North Dakota Legislature
2023 Veteran Legislation Summary | Updated May 4, 2023
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.
- Representative Johnson
- National Guard Specific
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.
- Senator Briston
- Senator Flatt
- Employment
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.
- Senator Day
- Senator Dahlen
- Senator Raschko
- Legal Services
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.
- Commitee on Military and Indian Affairs
- Department of Veterans Affairs
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 Legislative Assembly of the State of North Dakota:
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.
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.
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' Aid 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.
Amendment.] 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 $50.00 per month for a period of not to exceed six months; and the aggregate of all loans to a single individual shall not exceed $2300.00.
5. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of $125,000.00 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 $10,000.00 for the necessary administration expense of the Veterans' Aid Commission.
- Military and Indian Affairs Committee
- ACOVA
- Department of Veterans Affairs
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
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.
- Senate Committee on Military and Indian Affairs
- 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
REPEAL
CHAPTER 199
H. B. No. 98—(Ritter and Schauss)
REPEAL OF STANDING APPROPRIATION CIVIL WAR VETERANS
An act to repeal Chapter 28 of the 1925 Session Laws, being Section 1796a5 of the 1925 Supplement, making an appropriation for Civil War veterans; and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. Repeal.] Chapter 28 of the 1925 Session Laws of the State of North Dakota, being Chapter 1796a5 of the 1935 Supplement, be and the same is hereby repealed.
§ 2. Emergency.] This act is hereby declared to be an emergency measure, and shall be in full force and effect immediately after its passage and approval.
Approved March 1, 1939.
See page 340: Laws passed at session of the legislative assembly of the state of north dakota (ndlegis.gov)
- Budget
- Law/Policy Change
VETERANS
CHAPTER 247
S. B. No. 181— (Senator Trout)
COMMITMENT OF VETERANS
An act to amend and re-enact Section 15, Chapter 309, Laws of North Dakota, 1931, providing for commitment of veterans. Repealing all acts and parts of acts in conflict herewith and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. Amendment.] Section 15, Chapter 309, Laws of North Dakota, 1931, is hereby amended and re-enacted to read as follows:
§ 15. 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.
§ 2. Repeal.] All acts or parts of acts in conflict herewith are hereby repealed.
§ 3. 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, 1939.
- Health & Wellbeing
CHAPTER 250
S. B. No. 184— (Blaisdell)
AUTHORIZING ADJUTANT GENERAL TO PREPARE AND PRESERVE RECORD OF DECEASED SOLDIERS, SAILORS AND MARINES.
An act authorizing the Adjutant General to expend the sum of $8,000.00 from the balance remaining in the "Returned Soldiers Fund" for the purpose of registering and compiling records of the graves of de ceased soldiers, sailors, or marines buried in this State and for caring for and preserving of soldier records and declaring an emergency.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. It shall be the duty of the Adjutant General of the State of North Dakota, and he is hereby authorized, to expend such sum as may be necessary, not to exceed the sum of $8,000.00 out of the WORKMEN'S COMPENSATION CHAPTER 251 425 balance remaining in the "Returned Soldiers Fund," created and existing under the provisions of Section 3187 Ci of the 1925 Supplement to the Compiled Laws of 1913, for the purpose of carrying out the provisions of Chapter 253 of the Laws of 1937 with reference to the recording of burial places of deceased war veterans, and for the purpose of providing proper storage and fireproof receptacles, and for the preservation and safekeeping of soldier records, of the citizens of the State of North Dakota who have served the United States as soldiers, sailors, or marines, in time of war.
§ 2. 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 14, 1939.
- Appreciation of Veterans and Military
- Burial & Memorial
- Law/Policy Change
- National Guard Specific
VETERANS
CHAPTER 253
H. B. No. 219— (Caddell and Magill)
RECORD OF BURIAL DECEASED WAR VETERANS
An Act requiring the Adjutant General to secure information and keep records of and concerning the burial places of deceased war veterans who died in or are buried in the State of North Dakota and to provide methods and means of performing this duty.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. Veteran's Burial Places Compiled.]
Sub-division 1. The Adjutant General of this State shall com pile and keep a record of the burial places within this State of soldiers, sailors or marines who served in the military or naval forces of the United States in time of war. Such record, so far as practicable, shall indicate the name of each of such persons ; the service in which he was engaged ; the number of the regiment or company, if a soldier, and of the command, if a sailor or marine; the rank and period of service; the name and location of the cemetery or other place in which his body is interred ; the location of the grave in such cemetery or other place ; the character of headstone or marker if any, at such grave.
Sub-division 2. The Adjutant General shall cause blank forms to be prepared whereby the information required shall be transmitted to him. Every person or corporation, including a municipal corporation, owning or controlling any cemetery or burial place within this State in which are (in-) interred the bodies of persons who served in the military or naval forces of the United States in time of war, shall file with the Adjutant General a certificate on the forms provided by him, of the facts required for such record, so far as the same are within the knowledge of such person or corporation or its agents. The Adjutant General shall cause blank certificates to be distributed to such persons, officers, and corporations as he deems advisable, with a request that such information be transmitted to him, but the failure to receive such blank and request shall not relieve any person, officer, or corporation from his obligation to comply with this Section, within ninety days after it takes effect.
Sub-division 3. It shall be the duty of the Adjutant General to make a careful investigation, inquiry, and examination for the purpose of collecting and checking the records required to be compiled and kept by this statute.
§ 2. Officers to Furnish Lists of Sites of Unmarked Graves.] It shall be the duty of the Mayor of each city, and incorporated town, the Commissioners or Supervisors of each village and township and the County Judge of each County in this State on request of the Adjutant General to furnish data to the Adjutant General relative to unmarked graves of all soldiers, sailors and marines by giving a list of the sites of such unmarked graves in their respective cities or Counties.
§ 3. Identification of Veteran's Graves.] The undertaker or other person in charge of the burial of any, shall ascertain, and set forth in the certificate required of him, whether such deceased person was a veteran of any war in which the United States of America was engaged, and if so what war.
Approved March 6, 1937.
- Appreciation of Veterans and Military
- Burial & Memorial
- Law/Policy Change
- National Guard Specific
CHAPTER 254
H. B. No. 297— (Committee on Delayed Bills)
VETERANS' SERVICE COMMISSIONER
An Act to amend and re-enact Section 2 of Chapter 281 of the Session Laws of 1927; repealing Chapter 74 of the Session Laws of 1929 and providing an appropriation for the paying of salary, clerk hire, travel and general expenses of the office of Veterans' Service Com missioner.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. Amendment.] Section 2 of Chapter 281 of the Session Laws of 1927 is hereby amended and re-enacted to read as follows:
§ 2. Qualifications and Appointment.] Such Commissioner shall be appointed for a period of two years 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 Dis abled 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 either from the Navy, Army or Marine Corps of the United States Government.
§ 2. Repeal.] Chapter 74 of the Session Laws of 1929 and all Acts and parts of Acts in conflict herewith are hereby repealed.
§ 3. Appropr1at1on.] There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $10,085.00, or so much thereof as may be necessary, 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 acts amendatory thereof:
Salary $ 4,800.00
Clerk hire:
Secretary $2,160.00
Extra Clerk $600.00
Postage $60000
Office Supplies $300 00
Furniture and Fixtures $150.00
Printing $75.00
Miscellaneous $300.00
Travel Expense $800.00
Rent $30000
TOTAL $10,085.00
Approved March 5, 1937.
- Budget
- Department of Veterans Affairs
- Law/Policy Change
CHAPTER 17
S. B. No. 10— (Committee on Appropriations)
CIVIL WAR VETERANS— ERECTING HEADSTONES
An Act making an appropriation to pay expenses of erecting headstones over the graves of Soldiers, Sailors, and Marines of the United States War of the Rebellion.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ 1. Appropriation.] There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $50.00, for the biennium beginning July 1st, 1935, and ending June 30th, 1937, or so much thereof as may be necessary, to pay for the expenses of erecting headstones over the graves of Soldiers, Sailors, and Marines of the United States War of the Rebellion, as authorized under Sections 3181, 3182, 3183 and 3184 of the Compiled Laws of North Dakota for 1913.
Approved February 19, 1935.
- Burial & Memorial
- Financial
SOLDIERS' CLAIMS
(S. B. No. 110-Hamilton and Sperry.)
An Act to authorize the adjutant general to file as claims against the returned soldiers' fund, certain applications which were received subsequent to June 30, 1927.
Be It Enacted by the Legislative Assembly of the State of North Dakota:
§ I. The adjutant general is hereby authorized to file as claims against the returned soldiers' fund and proceed to carry the same to a final conclusion, as if same had been filed prior to July I, 1927, applications of the following named veterans of the World War, which applications through error, misapprehension or neglect were not so filed prior to July 1, 1927, viz:
Christian Carl Andersen, Owen Walker, Elmer William Flagg, Christ Hans Larsen, Edward Nelson, Harry Francis Schruth, Harry D. Sutherland, Albert Andrew Johnson, Waldeman George Anderson Bochsen, Emil K. Grindberg, LeRoy Kastian, Louis William Christianson, Henning A. Carlson, Martin Cornelius Bjerke, Hiram Paul Morgan, Edwin Otto Nelson, Edward Alva Smith, William Craddock, Ole S. Holm, Loren Ronde, Emil Emanuel Nelson, Winfield Walter Blake, Joe F. Herda, Archie Redner Olson, Taffield Blahosky, Herman Gabrielson, George L. James, John Dennis Powers, Barney J. McCann, Aaron Rudy Lee, Leland John Benson, Chester Newton Giles, Benjamin H. Stowell, Alexander Gennany, William Albert Milkey, Alexander Watson, Victor Imanuel Lindor, Arthur Conner, Benjamin Schmidt, James H. Keck, John S. Samdal, Ole A. Kamphaug, Tobias Hansen, Sigurd Lima, Kristian Aarteig, Frank Leslie Townsend, Henry Peterson, John Patrick Perry, Robert Boynton Fosburg, Fred Paul McCrea, Elmer Erickson, James Joseph Corman, George Garrett
§ 2. EMERGENCY.] This act is hereby declared an emergency effect on and after its passage and approval.
Approved March 4, 1929
Copy of bill
- Financial
- Financial: War Bonus
- National Guard Specific