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