War Veterans; Miscellaneous Provisions

Miss. Code Ann. tit. 35, ch. 3
in effect

Miss. Code Ann. § 35-3-1 Donation of land by municipality or county for veterans hospital, soldiers home, etc.

Any municipality or county in the State of Mississippi now owning or hereafter acquiring any land for public purposes may convey and grant said land to the United States of America, its successors or assigns, or to the State of Mississippi, upon and for any consideration deemed sufficient by the mayor and councilmen or aldermen of such municipality or the supervisors of a county when the purposes of the United States of America or the State of Mississippi in acquiring the land is to use same as a site for a veterans hospital or soldiers home or any other purpose connected with the care and attention of the veterans of the various wars of the United States.

Miss. Code Ann. § 35-3-3 Acquisition of land by municipality or county for veterans hospital, soldiers home, etc.; issuance of bonds or notes.

Any municipality or county in the State of Mississippi, within the confines of which or adjacent thereto, there has been built or authorized to be built by the government of the United States of America or the State of Mississippi, any veterans hospital, or veterans or soldiers home, is hereby authorized, within the discretion of the mayor and board of councilmen of such municipality or board of supervisors of a county, to appropriate from any funds on hand a sufficient amount with which to purchase lands or construct buildings and other improvements needed by the government of the United States of America or the State of Mississippi in the operation of any such hospital or soldiers or veterans home. If it be necessary for the lands needed by the United States of America or the State of Mississippi to be condemned by the United States of America or the State of Mississippi, under a declaration of taking, then any such municipality or county, in the discretion of the mayor and board of councilmen of such municipality or board of supervisors of a county, shall be authorized to pay into the register of any court in which said proceedings are pending such amount as may be designated by the United States of America or the State of Mississippi in its petition or declaration of taking, in which event said moneys shall become the property of the owners of said land after due legal process is had. Such municipality or county shall be responsible for any further or additional amounts adjudged in any such proceedings against the United States of America or the State of Mississippi, including all costs of the proceedings. The purpose for which the above appropriation is authorized is hereby declared a public purpose, for the welfare of citizens of this state, to wit, veterans of all of the wars of the United States of America. For the purpose of securing funds to carry out the purposes of this chapter, the governing authorities of such municipality, town or county are hereby authorized and empowered, in their discretion, to issue bonds or negotiable notes for the purpose of acquiring by purchase, gift or lease real estate for the purpose herein authorized. Such bonds or notes shall be issued in an amount not to exceed the limitation now or hereafter imposed by law on municipalities or towns or counties, and shall be issued in all respects including interest rate, maturities and other details as is now or may hereafter be provided by general law regulating the issuance of bonds or notes by the corporate authorities of such municipality or town, and the board of supervisors of such county.

Miss. Code Ann. § 35-3-5 Furnishing of quarters for veterans’ organizations; issuance of bonds or notes.

The governing authorities of any municipality, town or county in the state may, in its discretion, rent, lease, purchase or construct a building or buildings to house the units of the various congressionally chartered veteran’s organizations and the auxiliaries of such organizations, and the records of such organizations and their auxiliaries, and may, where necessary, acquire land by purchase, lease or otherwise for the purpose of constructing such building or buildings. The expenses authorized by subsection (1) of this section may be paid by such municipality, town or county out of any available funds. For the purpose of securing funds to carry out subsection (1) of this section, the governing authorities of such municipality, town or county are hereby authorized and empowered in their discretion to issue bonds or negotiable notes for the purpose of acquiring by purchase, gift or lease real estate for the purposes herein authorized, and also for owning, erecting, building, establishing, and maintaining such buildings herein authorized, and to remodel or repair any such building. Such bonds or notes shall be issued in an amount not to exceed the limitation now or hereafter imposed by law on municipalities or counties or towns, and shall be issued in all respects including interest rate, maturities and other details as is now or may hereafter be provided by general law regulating the issuance of bond or notes by the corporate authorities of such municipality or town, and the board of supervisors of such county.

Miss. Code Ann. § 35-3-7 Performance of functions of notaries public by post service officers.

Each of the several post service officers of the nationally chartered veteran organizations in the State of Mississippi shall have power to administer oaths and affirmations and to take acknowledgments anywhere in the State of Mississippi under the official seal of office of any such post, and to perform all other duties required of notaries public in connection with matters affecting the veterans of all wars, their heirs and dependents, in claims against the United States government, but for no other purpose. There shall be no charge for the performance of this service. No bond shall be required and the commission shall be issued by the secretary of state and the governor without charge. Such post service officers shall affix the official seal of their respective posts to each document where the same is required by law, and to each certificate and other official paper executed by them where necessary or proper. All documents authenticated with said seal and signed by any such post service officer shall be recognized as properly attested to in the same manner as if authenticated by notaries public or others authorized by law to take acknowledgments. All copies of papers certified to by any such post service officer and authenticated by said seal shall be accepted in all matters equally in like manner as the original. The official seal of each post shall contain therein the name of the nationally chartered veteran organization. The name and number of the post and the commission of each post service officer shall be approved by the board of supervisors in the county where he resides, and enrolled upon the minutes of said board of supervisors before said post service officer shall be qualified to act. Any post service officer who shall abuse the privilege granted by this section shall be guilty of a misdemeanor and on conviction thereof shall be fined in a sum not to exceed One Hundred Dollars ($100.00) or imprisoned in the county jail not to exceed thirty days, or be both so fined and imprisoned. In addition thereto he shall be removed from office.

Miss. Code Ann. § 35-3-9 Furnishing of free copies of birth and death certificates.

When requested by the veterans administration, state veterans affairs board, any holder of a power of attorney from a veteran or his claimant, or any recognized veteran service officer, the bureau of vital statistics of the State of Mississippi shall furnish to such organizations or officers, without charge, copies of birth and death certificates when the same are needed to establish claims for dependency, disability or survivors’ benefits for any veterans who are legal residents of the State of Mississippi, or their claimants.

Miss. Code Ann. § 35-3-11 Furnishing of free copies of records of chancery and circuit courts.

When requested by the veterans administration, state veteran affairs board, any holder of a power of attorney from a veteran or his claimant, or any recognized veterans service officer, the chancery clerks and circuit clerks of all counties of the State of Mississippi shall, upon application by such organizations or officers, furnish, without charge, certified copies of marriage licenses, divorce decrees, adoption decrees, and any and all other records when the same are needed to establish claims for dependency, disability or survivors’ benefits for any veterans who are legal residents of the State of Mississippi, or their claimants.

Miss. Code Ann. § 35-3-13 Recordation without cost of honorable discharges and service certificates.

All chancery clerks, of all counties of the State of Mississippi, shall record, without any cost whatsoever to any person of the Armed Forces of the United States residing in the same county as the chancery clerk, all honorable discharges and all certificates of service of any and all members of the Armed Forces of the United States of America who have served in the Armed Forces of the United States, including the army, navy and marine, coast guard and nurses corps. The board of supervisors of all counties shall furnish to the chancery clerk all necessary supplies and equipment for the recording of these instruments, and allow out of the general fund of the county the sum of One Dollar ($1.00) for recording the discharge certificate. All certified copies will be furnished free without cost either to the soldier, sailor, marine, coast guardsman, nurse or the county. The chancery clerk of all counties shall keep a record of all honorable discharges and certificates of discharge in a separate record safeguarded and protected from theft, and definitely marked “Record of Discharged Members of the Armed Forces.” The chancery clerk shall furnish certified copies of the discharge or discharge certificate of any veteran when so requested by the veteran, his dependents or his authorized representative; however, before furnishing any copy of the discharge or discharge certificate, the chancery clerk must verify the identity and relationship to the veteran of the person requesting the copy and must obtain and maintain on file a signed consent for the release of information from the veteran, dependent or authorized representative.

Miss. Code Ann. § 35-3-15 Acquisition of surplus federal or other property for use in training returned veterans.

The governor of the State of Mississippi is hereby authorized to execute contracts with the United States of America, or any proper federal agency, for the purpose of obtaining for the State of Mississippi any and all kinds of surplus government property to be used by the various educational institutions of the State of Mississippi for the purpose of training returned veterans of the armed services under the G.I. bill of rights. The governor of the State of Mississippi is hereby authorized to accept in the name of the State of Mississippi any and all property of every kind, character and description which may be used by the proper educational institutions of the State of Mississippi for the purpose of training returned veterans of the armed services of the United States, particularly under the G.I. bill of rights as passed by the national congress.

Miss. Code Ann. § 35-3-17 Governor to designate educational institutions for education of returned veterans under G. I. bill of rights.

Whenever the governor of the State of Mississippi has received and executed necessary contracts with the United States of America, or any agency thereof, turning over to the State of Mississippi any facilities of the United States, or any agency thereof, to be used for training, developing or educating returned veterans under the G.I. bill of rights, the governor shall then designate the institution of higher learning, or public junior college, or other qualified educational institution to take charge of, control and manage the same for such purposes. Any such institution of higher learning, or public junior college, or other qualified educational institution so designated by the governor, is hereby authorized and empowered to accept the facilities and to control, care for and manage the same.

Miss. Code Ann. § 35-3-19 Investments and loans by financial institutions.

Any bank, savings bank, trust company, insurance company, building and loan association or credit union is hereby authorized to invest its funds and monies, eligible for investment, in notes, bonds or other obligations secured by mortgage, deed of trust, or other lien on real property, title to which is fee simple or leasehold, or on personal property, in which except as to value of the property securing the lien, the priority of the lien thereon securing the obligation and the maturity thereof, and the quality of the title thereto, it is otherwise lawful for such investor to invest its funds, if the entire amount of the indebtedness is insured or guaranteed by the United States, or, if not so wholly insured or guaranteed, the difference between the entire amount of such indebtedness and that portion thereof which is insured or guaranteed by the United States does not exceed the amount permissible under the applicable law of this state, and meets the requirements thereof as to value of property and priority of lien. Any such lender except an insurance company may make an unsecured loan not exceeding $1,000.00 to an eligible veteran if at least one-half thereof is guaranteed pursuant to the Servicemen’s Readjustment Act of 1944, as amended by the act of Congress approved December 28, 1945, being Chapter 588 of the first session of the 79th Congress.

Miss. Code Ann. § 35-3-21 County veteran service offices and officers.

In order to maintain offices and pay personnel for the purpose of assisting all residents of the State of Mississippi who served in the military or naval forces of the United States during any war, their relatives, beneficiaries or dependents, to receive from the United States any and all compensation, hospitalization, insurance or other aid or benefits to which they may be entitled under existing or hereafter enacted laws of the United States, the boards of supervisors in the various counties in the state are hereby authorized and empowered, in their discretion, to expend out of the general county fund, or special veterans’ fund herein authorized to be set up, or from both of such funds, such monies necessary to defray the office operating expenses and salary of the county veteran service officers. Two (2) or more counties may, upon resolution duly adopted by the board of supervisors of each of such counties, agree to establish one (1) veteran service office for all of such counties. When two (2) or more counties enter into such an agreement, each county shall pay such amount mutually agreed upon and duly adopted by resolution of the respective boards of supervisors. County veteran service officers shall be (a) honorably discharged or honorably released veterans of any war or police action in which the Armed Forces of the United States have been, are or shall be committed for action; (b) the surviving spouse or child of any such deceased veteran; or (c) any person employed as a county veteran service officer in any county of this state on March 30, 1990. From and after July 1, 1990, county veteran service officers shall be certified by the Mississippi State Veterans’ Affairs Board which, among any other criteria it may establish, shall require such officers to (a) attend at least one (1) of the two (2) annual training programs provided for such officers and (b) successfully complete a written examination each year on the duties and responsibilities of and assistance available to such officers and veterans. The programs shall be developed by the State Veterans’ Affairs Board. The program shall include a period of instruction which shall be not more than three (3) days for veteran service officers receiving initial certification, and not more than two (2) days for veteran service officers being recertified. County veteran service officers who annually receive and complete such instruction in a manner satisfactory to the Veterans’ Affairs Board and in accordance with this section shall be certified by the board. No county veteran service officer shall be entitled to receive any compensation for his services, to which he is otherwise entitled by law, unless he is annually certified by the board. County veteran service officers may be employed, in the discretion of the boards of supervisors, either full time or part time. The boards of supervisors of the various counties are further authorized and empowered to pay all necessary and actual expenses of county veteran service officers who attend a school of instruction within the State of Mississippi for such county veteran service officers. It shall also be the duty of the boards of supervisors to aid the United States to defeat all unjust claims for aid or benefit therefrom. Such expenditures may be made by the several counties acting alone, or in cooperation with other counties, and in cooperation with any federal or state agency carrying out such purposes. In the event that the general revenues of the county levied under and within the limits of existing taxing statutes are not sufficient to pay the expenses authorized herein, the board of supervisors may, in its discretion, levy an additional tax not to exceed one (1) mill on all taxable property in the county to defray such expenses or any part thereof. Any tax levy made under authority of this chapter shall not be considered in refunding homestead exemption losses under Title 27, Chapter 33, Mississippi Code of 1972.

Miss. Code Ann. § 35-3-23 Repealed.

Repealed by Laws, 1982, § 5, eff from and after July 1, 1982. [Codes, 1942, § 6189-31; Laws, 1968, ch. 479, § 1; Laws, 1978, ch. 484, § 50]

Miss. Code Ann. § 35-3-24 War veterans memorial commission; membership; appointment; term of office; filling of vacancies; legislators and state personnel ineligible.

There is hereby created a war veterans memorial commission, which is hereby charged with the duty of carrying out the provisions as hereinafter set forth, and it shall be referred to in the succeeding sections hereof as the “commission.” The commission shall consist of seven (7) commissioners, one (1) member each from the American Legion, the Veterans of Foreign Wars, Disabled American Veterans, American Ex-Prisoners, of War, Veterans of World War I, Sons of Confederate Veterans, and the Mississippi National Guard. The commissioners shall be appointed by the governor on the recommendation of the state executive governing body of each respective organization entitled to a member of the commission. The initial terms of the members shall be as follows, to be designated by the governor at the time of appointment: (a) two (2) members shall be appointed for terms of two (2) years each; (b) two (2) members for terms of four (4) years each; (c) two (2) members for terms of six (6) years each; and (d) the member from the American Ex-Prisoners of War for a term of four (4) years. Thereafter, each term shall be for six (6) years or until a successor in office has been appointed and qualified. In the event of any vacancy on the commission, the governor shall, within thirty (30) days, designate a successor in the same manner as the original appointment was made. No member of either branch of the legislature nor any state officer or employee shall serve on the commission.

Miss. Code Ann. § 35-3-25 Repealed.

Repealed by Laws, 1978, ch. 484, § 51, eff from and after July 1, 1979. [Codes, 1942, § 6189-32; Laws, 1968, ch. 479, § 2]

Miss. Code Ann. § 35-3-26 Organization of war veterans memorial commission; officers; records; meetings; quorum; members not compensated.

Within thirty (30) days after appointment of the commissioners, an organizational meeting of the commission shall be held at the War Veterans Memorial Building at which there shall be elected a chairman, vice-chairman and secretary to serve during the terms of office of the commissioners. Minutes of the meetings of the commission shall be kept in a well-bound book and, along with all other records and papers, shall remain in the custody of the secretary of the commission. The commission shall fix a regular meeting time and place. A majority of the commission shall constitute a quorum for the transaction of business, but less than a quorum shall have the power to adjourn the commission from time to time until a quorum shall be present. All actions taken or rules and regulations adopted by the commission shall be by resolution duly spread upon its minutes, showing yea and nay votes of each commissioner present. The signature of the chairman and secretary, pursuant to a duly adopted resolution, shall be binding upon the commission. The members of the war veterans memorial commission shall receive neither salary, per diem nor expenses.

Miss. Code Ann. § 35-3-27 Duties of war veterans memorial commission.

The duties of the commission shall be as follows: To recommend to the capitol commission the allocation of office space in the War Veterans Memorial Building; To promote the observation of Armistice Day in all the public schools in the State of Mississippi by appropriate exercises; To plan and conduct at the War Veterans Memorial Building and other appropriate places in the State of Mississippi ceremonies honoring the war dead of the State of Mississippi on Armistice Day and on other anniversary days designated by the commission; To supervise the maintenance and preservation of Mississippi’s acre in the Honor Grove of Freedom’s Foundation at Valley Forge; and To operate the Mississippi Military Museum located in the War Memorial Building.

Miss. Code Ann. § 35-3-29 Use or display of name or image of member of armed forces killed in active duty; permission of family required.

Any person or group that wishes to display on signs, goods or clothing the name or image of any member of the United States Armed Forces who was killed while on active duty shall first obtain the written consent for that display from the family of the deceased.

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