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:

  1. 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.  

  1. 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

  1. 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.

  1. 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. 

  1. 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. 

  1. 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. 

  1. 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.

  1. 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. 

  1. 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.

  1. 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.  

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Committee
Veterans and Military Affairs Committee
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