Bill Summary – FastDemocracy

0741.01000
     Sixty-eighth
     Legislative Assembly                   HOUSE BILL NO. 1222
     of North Dakota
     Introduced by
       Representatives Stemen, Cory, Dockter, Klemin, Mitskog, Mock, O'Brien, Pyle, M. Ruby
       Senators Kreun, Meyer, Vedaa
  A BILL for an Act to amend and reenact section 37-19.1-01 and subsection 1 of section
  37-19.1-02 of the North Dakota Century Code, relating to the definition of a veteran and
  required documentation when claiming veterans' preference for employment.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 37-19.1-01 of the North Dakota Century Code is
  amended and reenacted as follows:
      37-19.1-01. Definitions.
      As used in this chapter:
      1.   "Agency" or "governmental agency" means all political subdivisions and the state,
          including any state agency, board, bureau, commission, department, officer, and any
          state institution or enterprise authorized to employ individuals either temporarily or
          permanently.
     2.   "Chief deputy" means the individual who is appointed by an elected or appointed
          official under express statutory authority to hire a chief deputy and who is authorized
          to act on behalf of that official. The term does not include an individual appointed to a
          position that must be filled under a competitive personnel system.
     3.   "Competitive personnel system" means a system that rates applicants for a position
          using an objective set of skills, knowledge, abilities, behaviors, or other characteristics
          required for the position.
     4.   "Disabled veteran" means a veteran who is found to be entitled to a service-connected
          disability rating as determined by the United States veterans' administration.
     5.   "Justifiable cause" means grounds for action that are in accord with sufficient reason
          that can be justified or defended as correct. Justifiable cause not to hire a veteran
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           must be something specific to that individual which renders the individual unsuitable
           for the position.
      6.   "Political subdivision" means counties, cities, townships, and any other governmental
           entity created by state law which employs individuals either temporarily or
           permanently.
      7.   "Private secretary" means the individual who is appointed by an elected or appointed
           official under express legal authority to hire a private secretary or administrative
           assistant and who is authorized to handle correspondence, keep files, schedule
           appointments, and do other clerical work of a more personal and confidential nature
          for that official, but does not include an individual appointed to a position that must be
          filled under a competitive personnel system.
     8.   "Veteran" means an individual who:
          a.   Is a veteran as defined in subsection 1 of section 37-01-40; or
          b.   HasIs serving in or has been honorably discharged from the national guard or a
               reserve unit located within North Dakota and:
               (1)   Has completed a minimum of twenty years of service; or
               (2)   Served in a combat zone.
    SECTION 2. AMENDMENT. Subsection 1 of section 37-19.1-02 of the North Dakota
 Century Code is amended and reenacted as follows:
     1.   Veterans are entitled to preference, over all other applicants, in recruitment and
          selection processes by governmental agencies, provided that such veteran is a United
          States citizen at the time of application for employment. Veterans qualified for
          preference may not be disqualified from holding any position with an agency because
          of physical or mental disability, unless the disability renders them unable to properly
          perform the duties of the position applied for. To receive veterans' preference, an
          applicant must submit the following documentation:
          a.   An applicant claiming veterans' preference shall provide a copy of report of
               separation DD-214 or certification from the applicant's unit command that the
               individual is expected to be discharged or released from active duty in the
               uniformed services under other than dishonorable conditions not later than one
               hundred twenty days after the date of the submission of the certification.
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           b.   An applicant claiming disabled veterans' preference shall provide a copy of report
                of separation DD-214 and a letter less than one year old from the veterans'
                administration indicating the veteran's disability status.
           c.   An applicant claiming veterans' preference as an eligible spouse of a deceased
                veteran shall provide a copy of the marriage certificate, the veteran's report of
                separation DD-214, and the veteran's death certificate.
           d.   An applicant claiming disabled veterans' preference as an eligible spouse of a
                disabled veteran shall provide a copy of the marriage certificate, the veteran's
                report of separation DD-214, and a letter less than one year old from the
               veterans' administration indicating the veteran's disability status.
                                              Page No. 3                          23.0741.01000
Statutes affected: 
INTRODUCED: 37-19.1-01, 37-19.1-02
FIRST ENGROSSMENT: 37-19.1-01, 37-19.1-02
Enrollment: 37-19.1-01, 37-19.1-02