SB 2456 - Vietnam Veterans' Bonus - 1971

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

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

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

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

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

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

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

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

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

3. The surviving person standing in loco parentis; or

4. The surviving parent or parents.

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

1. An honorable discharge, or its equivalent.

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

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

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

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

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

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

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

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

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

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

2. Being an unemancipated minor during such period of residence, had lived with a parent or person standing in loco parentis who had acquired a residence as set forth in this section; and

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

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

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

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

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