N.D. Cent. Code § 37-15-24 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-24
37-15-24. Meals provided to employees of the veterans' home
Status: in_force

37-15-24. Meals provided to employees of the veterans' home

In the event of a disruption of operations, the veterans' home may provide meals at a fair

value or without a charge to employees of the veterans' home as required by the job

assignments of the employees.
N.D. Cent. Code § 37-17.4-04 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-04
37-17.4-04. Volunteer health practitioner registration systems
Status: in_force

37-17.4-04. Volunteer health practitioner registration systems

1. In the case of a volunteer health practitioner whose principal practice is located in this

state and who is licensed by a North Dakota professional board or agency, the

volunteer health practitioner registration system is the emergency system for advance

registration of volunteer health professionals and is maintained by the department of

health and human services and is known as the public health emergency volunteer

medical reserve corps.

2. In the case of a volunteer health practitioner who is not covered under subsection 1,

the volunteer health practitioner registration system is the system established under

subsection 1 or a system that qualifies under this subsection. To qualify as a volunteer

health practitioner registration system under this subsection, a system must:

a. Accept applications for the registration of volunteer health practitioners before or

during an emergency;

b. Include information about the licensure and good standing of health practitioners

which is accessible by authorized persons;

c. Be capable of confirming the accuracy of information concerning whether a health

practitioner is licensed and in good standing before health services or veterinary

services are provided under this chapter; and

d. Meet one of the following conditions:

(1) Be an emergency system for advance registration of volunteer health-care

practitioners established by a state and funded through the United States

department of health and human services under section 319I of the Public

Health Services Act [42 U.S.C. 247d-7b];

(2) Be a local unit consisting of trained and equipped emergency response,

public health, and medical personnel formed pursuant to section 2801 of the

Public Health Services Act [42 U.S.C. 300hh]; or

(3) Be operated by a:

(a) Disaster relief organization;

(b) Licensing board;

(c) National or regional association of licensing boards or health

practitioners;

(d) Health facility that provides comprehensive inpatient and outpatient

health care services, including a tertiary care and teaching hospital; or

(e) Governmental entity.

3. During an emergency, the department of health and human services, a person

authorized to act on behalf of the department of health and human services, or a host

entity may confirm whether volunteer health practitioners utilized in this state are

registered with a registration system that complies with subsection 1 or 2. Confirmation

is limited to obtaining identities of the practitioners from the system and determining

whether the system indicates that the practitioners are licensed and in good standing.

4. Upon request of a person in this state authorized under subsection 3, or a similarly

authorized person in another state, a registration system located in this state shall

notify the person of the identities of volunteer health practitioners and whether the

practitioners are licensed and in good standing.

5. A host entity is not required to use the services of a volunteer health practitioner even

if the practitioner is registered with a registration system that indicates that the

practitioner is licensed and in good standing.
N.D. Cent. Code § 37-17.1-14.5 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-14.5
37-17.1-14.5. Text of the mutual aid agreement or compact
Status: in_force

37-17.1-14.5. Text of the mutual aid agreement or compact

The interstate mutual aid agreement or compact referred to in sections 37-17.1-14.2 and

37-17.1-14.3 reads as follows:

INTERSTATE MUTUAL AID AGREEMENT OR COMPACT

ARTICLE I - PURPOSE AND AUTHORITIES

This compact is made and entered into by and between the participating member states

which enact this compact, hereinafter called party states. For the purposes of this agreement,

the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the

District of Columbia, and all United States territorial possessions.

The purpose of this compact is to provide for mutual assistance between the states entering

into this compact in managing any emergency or disaster that is duly declared by the governor

of the affected state, whether arising from natural disaster, technological hazard, manmade

disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or

enemy attack.

This compact shall also provide for mutual cooperation in emergency-related exercises,

testing, or other training activities using equipment and personnel simulating performance of any

aspect of the giving and receiving of aid by party states or subdivisions of party states during

emergencies, such actions occurring outside actual declared emergency periods. Mutual

assistance in this compact may include the use of the states' national guard forces, either in

accordance with the national guard mutual assistance compact or by mutual agreement

between states.

ARTICLE II - GENERAL IMPLEMENTATION

Each party state entering into this compact recognizes many emergencies transcend

political jurisdictional boundaries and that intergovernmental coordination is essential in

managing these and other emergencies under this compact. Each state further recognizes that

there will be emergencies which require immediate access and present procedures to apply

outside resources to make a prompt and effective response to such an emergency. This is

because few, if any, individual states have all the resources they may need in all types of

emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full, and effective utilization of resources of the participating states, including

any resources on hand or available from the federal government or any other source, that are

essential to the safety, care, and welfare of the people in the event of any emergency or disaster

declared by a party state, shall be the underlying principle on which all articles of this compact

shall be understood.

On behalf of the governor of each state participating in the compact, the legally designated

state official who is assigned responsibility for emergency management will be responsible for

formulation of the appropriate interstate mutual aid plans and procedures necessary to

implement this compact.

ARTICLE III - PARTY STATE RESPONSIBILITIES

1. It shall be the responsibility of each party state to formulate procedural plans and

programs for interstate cooperation in the performance of the responsibilities listed in

this article. In formulating such plans, and in carrying them out, the party states,

insofar as practical, shall:

a. Review individual state hazards analyses and, to the extent reasonably possible,

determine all those potential emergencies the party states might jointly suffer,

whether due to natural disaster, technological hazard, manmade disaster,

emergency aspects of resource shortages, civil disorders, insurgency, or enemy

attack.

b. Review party states' individual emergency plans and develop a plan which will

determine the mechanism for the interstate management and provision of

assistance concerning any potential emergency.

c. Develop interstate procedures to fill any identified gaps and to resolve any

identified inconsistencies or overlaps in existing or developed plans.

d. Assist in warning communities adjacent to or crossing the state boundaries.

e. Protect and assure uninterrupted delivery of services, medicines, water, food,

energy and fuel, search and rescue, and critical lifeline equipment, services, and

resources, both human and material.

f. Inventory and set procedures for the interstate loan and delivery of human and

material resources, together with procedures for reimbursement or forgiveness.

g. Provide, to the extent authorized by law, for temporary suspension of any statutes

or ordinances that restrict the implementation of the above responsibilities.

2. The authorized representative of a party state may request assistance of another party

state by contacting the authorized representative of that state. The provisions of this

agreement shall only apply to requests for assistance made by and to authorized

representatives. Requests may be verbal or in writing. If verbal, the request shall be

confirmed in writing within thirty days of the verbal request. Requests shall provide the

following information:

a. A description of the emergency service function for which assistance is needed,

such as, but not limited to, fire services, law enforcement, emergency medical,

transportation, communications, public works and engineering, building

inspection, planning and information assistance, mass care, resource support,

health and medical services, and search and rescue.

b. The amount and type of personnel, equipment, materials and supplies needed,

and a reasonable estimate of the length of time they will be needed.

c. The specific place and time for staging of the assisting party's response and a

point of contact at that location.

3. There shall be frequent consultation between state officials who have assigned

emergency management responsibilities and other appropriate representatives of the

party states with affected jurisdictions and the United States government, with free

exchange of information, plans, and resource records relating to emergency

capabilities.

ARTICLE IV - LIMITATIONS

Any party state requested to render mutual aid or conduct exercises and training for mutual

aid shall take such action as is necessary to provide and make available the resources covered

by this compact in accordance with the terms hereof; provided that it is understood that the state

rendering aid may withhold resources to the extent necessary to provide reasonable protection

for such state.

Each party state shall afford to the emergency forces of any party state, while operating

within its state limits under the terms and conditions of this compact, the same powers (except

that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges

as are afforded forces of the state in which they are performing emergency services.

Emergency forces will continue under the command and control of their regular leaders, but the

organizational units will come under the operational control of the emergency services

authorities of the state receiving assistance. These conditions may be activated, as needed,

only subsequent to a declaration of a state of emergency or disaster by the governor of the

party state that is to receive assistance or commencement of exercises or training for mutual aid

and shall continue so long as the exercises or training for mutual aid are in progress, the state

of emergency or disaster remains in effect, or loaned resources remain in the receiving state,

whichever is longer.

ARTICLE V - LICENSES AND PERMITS

Whenever any person holds a license, certificate, or other permit issued by any state party

to the compact evidencing the meeting of qualifications for professional, mechanical, or other

skills, and when such assistance is requested by the receiving party state, such person shall be

deemed licensed, certified, or permitted by the state requesting assistance to render aid

involving such skill to meet a declared emergency or disaster, subject to such limitations and

conditions as the governor of the requesting state may prescribe by executive order or

otherwise.

ARTICLE VI - LIABILITY

Officers or employees of a party state rendering aid in another state pursuant to this

compact shall be considered agents of the requesting state for tort liability and immunity

purposes; and no party state or its officers or employees rendering aid in another state pursuant

to this compact shall be liable on account of any act or omission in good faith on the part of such

forces while so engaged or on account of the maintenance or use of any equipment or supplies

in connection therewith. Good faith in this article shall not include willful misconduct, gross

negligence, or recklessness.

ARTICLE VII - SUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among

two or more states may differ from that among the states that are party hereto, this instrument

contains elements of a broad base common to all states, and nothing herein contained shall

preclude any state from entering into supplementary agreements with another state or affect

any other agreements already in force between states. Supplementary agreements may

comprehend, but shall not be limited to, provisions for evacuation and reception of injured and

other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare,

transportation and communications personnel, and equipment and supplies.

ARTICLE VIII - COMPENSATION

Each party state shall provide for the payment of compensation and death benefits to

injured members of the emergency forces of that state and representatives of deceased

members of such forces in case such members sustain injuries or are killed while rendering aid

pursuant to this compact, in the same manner and on the same terms as if the injury or death

were sustained within their own state.

ARTICLE IX - REIMBURSEMENT

Any party state rendering aid in another state pursuant to this compact shall be reimbursed

by the party state receiving such aid for any loss or damage to or expenses incurred in the

operation of any equipment and the provision of any service in answering a request for aid and

for the costs incurred in connection with such requests; provided that any aiding party state may

assume in whole or in part such loss, damage, expense, or other cost, or may loan such

equipment or donate such services to the receiving party state without charge or cost; and

provided further that any two or more party states may enter into supplementary agreements

establishing a different allocation of costs among those states. Article VIII expenses shall not be

reimbursable under this provision.

ARTICLE X - EVACUATION

Plans for the orderly evacuation and interstate reception of portions of the civilian population

as the result of any emergency or disaster of sufficient proportions to so warrant, shall be

worked out and maintained between the party states and the emergency management/services

directors of the various jurisdictions where any type of incident requiring evacuations might

occur. Such plans shall be put into effect by request of the state from which evacuees come and

shall include the manner of transporting such evacuees, the number of evacuees to be received

in different areas, the manner in which food, clothing, housing, and medical care will be

provided, the registration of the evacuees, the providing of facilities for the notification of

relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of

additional materials, supplies, and all other relevant factors. Such plans shall provide that the

party state receiving evacuees and the party state from which the evacuees come shall mutually

agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such

evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and

like items. Such expenditures shall be reimbursed as agreed by the party state from which the

evacuees come. After the termination of the emergency or disaster, the party state from which

the evacuees come shall assume the responsibility for the ultimate support of repatriation of

such evacuees.

ARTICLE XI - IMPLEMENTATION

1. This compact shall become operative immediately upon its enactment into law by any

two states; thereafter, this compact shall become effective as to any other state upon

its enactment by such state.

2. Any party state may withdraw from this compact by enacting a statute repealing the

same, but no such withdrawal shall take effect until thirty days after the governor of the

withdrawing state has given notice in writing of such withdrawal to the governors of all

other party states. Such action shall not relieve the withdrawing state from obligations

assumed hereunder prior to the effective date of withdrawal.

3. Duly authenticated copies of this compact and of such supplementary agreements as

may be entered into shall, at the time of their approval, be deposited with each of the

party states and with the federal emergency management agency and other

appropriate agencies of the United States government.

ARTICLE XII - VALIDITY

This Act shall be construed to effectuate the purposes stated in article I hereof. If any

provision of this compact is declared unconstitutional, or the applicability thereof to any person

or circumstances is held invalid, the constitutionality of the remainder of this Act and the

applicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XIII - ADDITIONAL PROVISIONS

Nothing in this compact shall authorize or permit the use of military force by the national

guard of a state at any place outside that state in any emergency for which the president is

authorized by law to call into federal service the militia, or for any purpose for which the use of

the army or the air force would in the absence of express statutory authorization be prohibited

under section 1385 of title 18, United States Code.
N.D. Cent. Code § 37-01-04.1 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-04.1
37-01-04.1. National guard emergency - Costs - Application to emergency commission
Status: in_force

37-01-04.1. National guard emergency - Costs - Application to emergency

commission.

Whenever the governor orders the national guard or any portion thereof into the active

service of the state in accordance with sections 37-01-04 and 37-01-06, the adjutant general

shall determine and record the costs of the national guard in performing such service.

Immediately following the termination of such active service, or prior thereto if it is deemed

necessary by the adjutant general, the adjutant general shall make application to the state

emergency commission for a grant of funds from the contingency fund or other available funds

in the state treasury in an amount equal to the costs of the national guard in performing such

service. Notwithstanding other provisions of chapter 54-16, it must be conclusively presumed

upon the receipt of such application by the emergency commission from the adjutant general

that an emergency exists, and such commission shall forthwith grant and direct the transfer to

the credit of the national guard from the contingency fund or such other funds as may be

available of an amount equal to that certified in such application by the adjutant general.
N.D. Cent. Code § 37-03-02 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-02
37-03-02. Assistant adjutants general - Appointment - Qualifications - Duties
Status: in_force

37-03-02. Assistant adjutants general - Appointment - Qualifications - Duties

An assistant adjutant general for army, an assistant adjutant general for air force, and other

assistant adjutants general authorized by a table of organization prescribed by the laws or

regulations of the United States may be appointed by the governor upon the recommendation of

the adjutant general. Each assistant adjutant general must have had not less than three years'

commissioned service in the North Dakota national guard immediately preceding the

appointment and must have attained the rank of lieutenant colonel. Upon appointment, each

assistant adjutant general must have the rank as is consistent with federal laws and regulations.

The assistant adjutant general for army and the assistant adjutant general for air force have

general supervision over the training of the troops and the administration of the affairs of their

respective departments. An assistant adjutant general for the department of military records

may be appointed by the governor upon recommendation of the adjutant general from among

the active or retired officers of the North Dakota national guard. The assistant adjutant general

for military records must have the rank consistent with experience and length of service.
N.D. Cent. Code § 37-17.1-15 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-15
37-17.1-15. Weather modification
Status: in_force

37-17.1-15. Weather modification

The division of homeland security and emergency management shall keep continuously

apprised of weather conditions which present danger of precipitation or other climatic activity

severe enough to constitute a disaster. If the division determines that precipitation resulting from

weather modification operations, either by itself or in conjunction with other precipitation or

climatic conditions or activity, would create or contribute to the severity of a disaster, the division

shall direct the officer or agency empowered to issue permits for weather modification

operations to suspend the issuance of the permits. No permits may be issued until the division

informs the officer or agency that the danger has passed.
N.D. Cent. Code § 37-01-29 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-29
37-01-29. Discipline and training of the national guard - Requirements governing
Status: in_force

37-01-29. Discipline and training of the national guard - Requirements governing

The discipline, including the training, of the national guard must conform to the system

which is prescribed by the Congress of the United States.
N.D. Cent. Code § 37-10-03.6 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-03.6
37-10-03.6. Prequalification, selection, and contracting for consultants - Solicitations
Status: in_force

37-10-03.6. Prequalification, selection, and contracting for consultants - Solicitations

1. The adjutant general or the adjutant general's designee may prequalify, select, and

contract for consultants in the areas of architecture, engineering, construction

management, land surveying, and related matters.

a. The prequalification of the consultant must be based on detailed information

provided to the adjutant general and evaluated using the criteria outlined in

subsection 5 of section 54-44.7-03.

b. If a consultant meets the prequalification criteria established by the adjutant

general, and the consultant agrees to the terms and fee limits established by the

adjutant general, the adjutant general or the adjutant general's designee may

contract with the consultant for the delivery of an indefinite quantity of services in

the area in which the consultant is prequalified. The contract:

(1) May not exceed a term of five years, including optional renewal periods; and

(2) Must be selected and negotiated in accordance with subsection 7 of section

54-44.7-03.

c. The selection of a contracted consultant under this section for the delivery of

services for a specific project must be determined according to the criteria listed

in subdivisions a through g of subsection 5 of section 54-44.7-03.

2. The adjutant general is not required to comply with subsection 3 of section 54-44.7-03

or section 54-44.7-04 and may procure consultant services for:

a. A project for which the estimated state share of consultant costs is no more than

two hundred fifty thousand dollars through direct negotiation with a selected

prequalified firm, after considering:

(1) The nature of the project;

(2) The proximity of the consultant services to the project;

(3) The capability of the consultant to produce the required services within a

reasonable time;

(4) The consultant's past performance; and

(5) The consultant's ability to meet project budget requirements.

b. A project for which the estimated state share of consultant costs is greater than

two hundred fifty thousand dollars but not more than five hundred thousand

dollars after:

(1) Following the criteria listed in subdivisions a through g of subsection 5 of

section 54-44.7-03;

(2) Providing notice of the specific project to all prequalified firms in the specific

area of need; and

(3) Allowing a minimum of seven calendar days to submit information the firm

did not provide in response to the prequalification solicitation and additional

information related to the firm's ability to:

(a) Perform the services required for the specific project;

(b) Produce the required results within the time required for the specific

project; or

(c) Meet budget requirements of the specific project.

c. A project for which the estimated state share of consultant costs is greater than

five hundred thousand dollars, after:

(1) Notifying all prequalified firms;

(2) Allowing the prequalified firms a minimum of twenty-one days to respond;

and

(3) Following the requirements provided in subsections 4 through 7 of section

54-44.7-03.

3. As deemed appropriate by the adjutant general or the adjutant general's designee, if a

project for which the estimated state share of consultant costs is less than:

a. Two hundred fifty thousand dollars, the adjutant general or the adjutant general's

designee may use any of the procurement processes under subsection 2.

b. Five hundred thousand dollars, the adjutant general or the adjutant general's

designee may use the procurement process under subdivision b or c of

subsection 2.

4. Notwithstanding any other provision of law, if the adjutant general or the adjutant

general's designee solicits consultant services under this section, the adjutant general

or the adjutant general's designee may include more than one project in one

solicitation. For purposes of a multiple project solicitation, the requirements for the

project with the highest dollar threshold under subsection 2 apply to all projects in the

multiple project solicitation.
N.D. Cent. Code § 37-17.1-02.1 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-02.1
37-17.1-02.1. Department of emergency services
Status: in_force

37-17.1-02.1. Department of emergency services

The department of emergency services consists of a division of the state emergency

communications center, and a division of homeland security and emergency management. The

adjutant general is the director of the department. The adjutant general shall provide for shared

administration of both divisions. The adjutant general shall appoint a separate director of each

division. A division director serves at the pleasure of the adjutant general. The adjutant general

shall fix the compensation of a division director within limits of legislative appropriation.
N.D. Cent. Code § 37-15-20 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-20
37-15-20. Advertisement for bids on coal and supplies
Status: repealed

37-15-20. Advertisement for bids on coal and supplies

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-17.3-02.1 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-02.1
37-17.3-02.1. Legislative declaration - Statewide integrated radio communication system service
Status: in_force

37-17.3-02.1. Legislative declaration - Statewide integrated radio communication

system service.

The legislative assembly finds that effective radio communication is vital to public safety and

effective emergency response and law enforcement and declares that a statewide integrated

radio communication system will more effectively serve the goals of law enforcement and

emergency response personnel and thereby better serve the people of North Dakota. Existing

radio systems operated by local jurisdictions serve those jurisdictions adequately, but do not

provide the protection and benefits to the citizens of North Dakota that new digital networks

being utilized in neighboring states offer.
N.D. Cent. Code § 37-27-08 — ND Code / Title 37 / Chapter 37-27 / Section 37-27-08
37-27-08. Penalty for false statement
Status: in_force

37-27-08. Penalty for false statement

Any person who willfully makes a false statement in the application for benefits under this

chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 37-14-03.3 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-03.3
37-14-03.3. Revolving fund
Status: in_force

37-14-03.3. Revolving fund

The moneys in the permanent revolving fund of the veterans' aid fund are available for:

1. Making loans to any veteran and to a surviving spouse of a veteran;

2. Collecting loans if in the opinion of the department a person has the financial means to

repay and that person deliberately refuses to repay; and

3. Paying administrative expenses related to the making and collection of loans made

from the fund.
N.D. Cent. Code § 37-01-43 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-43
37-01-43. North Dakota military civil relief act
Status: in_force

37-01-43. North Dakota military civil relief act

An individual called or ordered to active service for thirty consecutive days or longer has all

of the protections afforded to persons in the military service of the United States under the

Servicemembers Civil Relief Act [50 U.S.C. 3901-4043] in effect on December 31, 2024.
N.D. Cent. Code § 37-07-02 — ND Code / Title 37 / Chapter 37-07 / Section 37-07-02
37-07-02. Re-enlistment periods in national guard
Status: in_force

37-07-02. Re-enlistment periods in national guard

Re-enlistments in the national guard subsequent to original enlistments may be made for

such period as may be prescribed by the adjutant general in accordance with regulations

promulgated by the United States department of defense. For the purpose of this section, any

enlistment by a person who has previously served six months or more in the armed forces of the

United States must be considered a re-enlistment.
N.D. Cent. Code § 37-02-05 — ND Code / Title 37 / Chapter 37-02 / Section 37-02-05
37-02-05. Attorney general to be legal adviser of governor and adjutant general
Status: in_force

37-02-05. Attorney general to be legal adviser of governor and adjutant general

The attorney general of this state is the legal adviser of the governor and of the adjutant

general.
N.D. Cent. Code § 37-01-16 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-16
37-01-16. Unlawful conversion of military property - Unlawful wearing of uniforms and devices indicating rank - Penalty
Status: in_force

37-01-16. Unlawful conversion of military property - Unlawful wearing of uniforms and

devices indicating rank - Penalty.

It is a class B misdemeanor for a person to:

1. Secretly sell, dispose of, offer for sale, purchase, retain after a demand made by a

commissioned officer of the national guard, or in any manner pawn or pledge any

arms, uniforms, equipment, or other military property issued under the provisions of

this title; or

2. Wear any uniform or any device, strap, knot, or insignia of any design or character

used as a designation of grade, rank, or office, prescribed by law, or by general

regulation duly promulgated, for the use of the national guard, or any device, strap,

knot, or insignia similar thereto, unless the person is a member of the army or navy of

the United States or of the national guard of this or any other state, a member of an

association wholly composed of soldiers who have been honorably discharged from

the service of the United States, or a member of the order of sons of veterans.
N.D. Cent. Code § 37-07.2-03 — ND Code / Title 37 / Chapter 37-07.2 / Section 37-07.2-03
37-07.2-03. Application for grant
Status: in_force

37-07.2-03. Application for grant

It is the responsibility of the member of the national guard to request the grant on an

application provided by the adjutant general. The application must be completed at the time of

enrollment for each semester or academic term for which a grant is requested, or upon initial

appointment into the national guard. The grants provided for in this chapter must be paid from

such funds as may be appropriated for tuition payment purposes in accordance with chapter

37-07.1.
N.D. Cent. Code § 37-29-01 — ND Code / Title 37 / Chapter 37-29 / Section 37-29-01
37-29-01. Definitions
Status: in_force

37-29-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Disaster or emergency" means circumstances resulting in a volunteer emergency

responder acting in the capacity as a volunteer emergency responder.

2. "Volunteer emergency responder" means an individual in good standing as:

a. A volunteer member of the army national guard or air national guard of this state

or any state; or

b. A volunteer civilian member of the civil air patrol.
N.D. Cent. Code § 37-03-03 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-03
37-03-03. Seal of adjutant general - Delivery to successor
Status: in_force

37-03-03. Seal of adjutant general - Delivery to successor

The adjutant general shall have a seal of office and such seal must be delivered by the

adjutant general to the successor to that office.
N.D. Cent. Code § 37-17.1-06 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-06
37-17.1-06. State division of homeland security and emergency management
Status: in_force

37-17.1-06. State division of homeland security and emergency management

1. The division of homeland security and emergency management must have

professional, technical, secretarial, and clerical employees as necessary for the

performance of its functions. The director of the division shall fix the compensation of

the staff in conformity with state merit system regulations and may make such

expenditures within the appropriations therefor, or from other funds made available to

the director for purposes of emergency management, as may be necessary to carry

out the purposes of this chapter.

2. The division of homeland security and emergency management shall prepare and

maintain a state disaster plan and keep it current, which plan may include provisions

for:

a. Averting or minimizing the injury and damage caused by disasters or

emergencies.

b. Prompt and effective response to a disaster or emergency.

c. Emergency relief.

d. Identification of areas particularly vulnerable to a disaster or emergency.

e. Recommendations for zoning, building, and other land use controls, safety

measures for securing mobile homes or other nonpermanent or semipermanent

structures, and other mitigation and preparedness measures.

f. Assistance to local officials in developing and maintaining local and regional

emergency management systems.

g. Authorization and procedures for the erection or other construction of temporary

works designed to protect against or mitigate danger, damage, or loss from any

disaster or emergency.

h. Preparation and distribution of emergency management assistance program

guidance to the appropriate state and local officials.

i. Organization of manpower and chains of command.

j. Coordination of federal, state, regional, and local emergency management

activities.

k. Coordination of state disaster or emergency operations plans with the disaster or

emergency plans of the federal government.

l. Other necessary matters.

3. The division of homeland security and emergency management shall provide technical

assistance for the development and revision of local and regional disaster or

emergency operations plans prepared under section 37-17.1-07.

4. In preparing and revising state disaster or emergency plans, the division of homeland

security and emergency management shall seek the advice and assistance of local

government, business, labor, industry, agriculture, civic, and volunteer organizations

and community leaders. In advising local and regional emergency management

organizations, the division shall encourage them also to seek advice from these

sources.

5. State disaster or emergency plans or any parts thereof have the force of law upon

implementation by the governor.

6. The division of homeland security and emergency management, in coordination with

lead and support agencies, shall:

a. Coordinate the procurement of supplies, materials, and equipment during disaster

or emergency operations.

b. Provide guidance and standards for local and regional disaster or emergency

operational plans.

c. Periodically review local and regional disaster or emergency operational plans.

d. Coordinate state or state and federal assistance to local and regional emergency

management organizations.

e. Establish and operate or assist local and regional emergency management

organizations to establish and operate training programs and programs for

emergency public information.

f. Make surveys of industries, resources, and facilities, within the state, both public

and private, as are necessary to carry out the purposes of this chapter. The use

of sensitive and proprietary logistical data submitted to the state in confidence by

individual industries and suppliers must be accorded full confidentiality and will be

released only in aggregate form.

g. Plan and make arrangements for the availability and use of any private facilities,

services, and property, and, if necessary and if in fact used, coordinate payment

for that use under terms and conditions agreed upon.

h. Establish access to a register of persons with types of training and skills

important in prevention, mitigation, preparedness, response, and recovery.

i. Establish access to a register of equipment and facilities available for use in a

disaster or emergency.

j. Prepare, for issuance by the governor, executive orders, proclamations, and

guidance as necessary or appropriate in managing a disaster or emergency.

k. Coordinate and may enter agreements with the federal government and any

public or private agency or entity in achieving any purpose of this chapter and in

implementing programs for disaster mitigation, preparation, response, and

recovery.

l. Be the state search and rescue coordinating agency, establish access to a

register of search and rescue equipment and personnel in the state, and plan for

its effective utilization.

m. Do other things necessary, incidental, or appropriate for the implementation of

this chapter.

7. The division of homeland security and emergency management shall serve as a

central information dissemination point and repository for initial notification information

for spills and discharges in the state for hazardous chemicals as defined in section

37-17.1-07.1, oil, gas, and saltwater. The division shall develop processes to ensure

proper state and federal agencies that have oversight responsibilities are promptly

notified. The division shall also provide notice to local emergency management

officials within a time that is consistent with the level of emergency.
N.D. Cent. Code § 37-03-05 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-05
37-03-05. General duties of adjutant general
Status: in_force

37-03-05. General duties of adjutant general

The adjutant general is in active control of the military department of this state and shall:

1. Perform the duties pertaining to the adjutant general and other chiefs of staff

departments under the regulations and customs of the United States army.

2. Superintend the preparation of all military returns and reports required by the United

States from this state.

3. Keep a register of all the officers of the militia and national guard of this state.

4. Keep in the office of the adjutant general all records and papers required to be kept

and filed in the office.

5. Cause to be prepared and issued all necessary blank books, blanks, forms, and

notices required to carry into full effect this title. All such books and blanks are the

property of this state.

6. Adopt any regulations relating to the preparation of reports and returns, and to the

care and preservation of military property belonging to this state and to the United

States, as in the adjutant general's opinion the conditions demand. The regulations are

operative when promulgated in the form of general orders, circulars, or letters of

instruction.

7. Render annually to the governor a statement in detail showing the acquisition and

disposition of all clothing, ordnance, arms, ammunition, and other military property on

hand or issued.

8. Keep in the office of the adjutant general a list of the retired officers of the organized

militia, showing age, military experience, and training of each.

9. Perform all other duties prescribed for the adjutant general by law.
N.D. Cent. Code § 37-14-03.4 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-03.4
37-14-03.4. Interest and income from postwar rehabilitation fund to become part of aid fund
Status: repealed

37-14-03.4. Interest and income from postwar rehabilitation fund to become part of

aid fund.

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-03-06 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-06
37-03-06. Adjutant general responsible for military property in state - Requirements governing shipment - Reports
Status: in_force

37-03-06. Adjutant general responsible for military property in state - Requirements

governing shipment - Reports.

The adjutant general is responsible for all arms, ordnance, accoutrements, equipment, and

other military property which may be issued to this state by the secretary of defense in

compliance with law. The adjutant general shall prepare a return of said arms and other property

of the United States at the times and in the manner requested by the secretary of defense.

Upon the order of the governor, the adjutant general shall turn into the ordnance department of

the United States army the rifles, carbines, bayonets, bayonet scabbards, gun slings, belts, and

such other necessary accoutrements and equipment, the property of the United States in

possession of this state, which may be replaced from time to time by new arms and equipment

sent by the United States in substitution therefor, and shall cause the same to be shipped under

instructions from the secretary of defense to the designated arsenal or depot at the expense of

the United States. When the national guard of this state is fully armed and equipped with

standard service magazine arms and the standard equipment and accoutrements of the United

States army, the adjutant general shall cause all the remaining arms and equipment, the

property of the United States and in possession of this state, to be transferred and shipped as

directed in this section.
N.D. Cent. Code § 37-18-15 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-15
37-18-15. Commemorative memorial coin - Eligibility
Status: in_force

37-18-15. Commemorative memorial coin - Eligibility

1. The department of veterans' affairs shall create and confer a commemorative

memorial coin upon a family member of a deceased North Dakota veteran during

military funeral honors for that veteran if the deceased veteran:

a. Served on active duty, in the national guard, or in the selected reserve and

departed the armed forces or national guard under conditions other than

dishonorable;

b. Completed at least one term of enlistment or period of initial obligated service in

the selected reserve and departed under conditions other than dishonorable or

was discharged from the selected reserve due to a disability incurred or

aggravated in the line of duty;

c. Died while serving on active duty, in the national guard, or in the selected

reserve; or

d. Was a member of the commissioned officer corps of the public health service, the

national oceanic and atmospheric administration, or a civilian or contractual group

of individuals given active duty service determinations and considered a veteran

under Public Law No. 95-202.

2. Any person may purchase a commemorative memorial coin from the department of

veterans' affairs at a cost determined by the department.

3. As used in this section:

a. "Family member" means a spouse, parent, child, or other individual related by

blood.

b. "North Dakota veteran" means an individual who meets the requirements of

subsection 1 and who was a resident of North Dakota during any period of the

individual's life.

4. Under section 37-18-12, the department may expend any gifts, grants, or donations

received for the creation and conferment of commemorative memorial coins.
N.D. Cent. Code § 37-14-13 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-13
37-14-13. Commissioners' compensation - Executive secretary
Status: repealed

37-14-13. Commissioners' compensation - Executive secretary

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-28-04 — ND Code / Title 37 / Chapter 37-28 / Section 37-28-04
37-28-04. Payment to beneficiary of veteran who died in active service
Status: in_force

37-28-04. Payment to beneficiary of veteran who died in active service

In the case of a veteran who died as a result of active service during the period of service,

the beneficiary of the veteran is entitled to a payment of five thousand dollars in lieu of any other

compensation under this chapter.
N.D. Cent. Code § 37-17.1-13 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-13
37-17.1-13. Communications
Status: in_force

37-17.1-13. Communications

The department of emergency services shall ascertain what means exist for rapid and

efficient communications in times of a disaster or emergency. The department shall consider the

desirability of supplementing these communications resources or of integrating them into a

comprehensive state or state and federal telecommunications or other communications system

or network, including the military installations. In studying the character and feasibility of any

system or its several parts, the department shall evaluate the possibility of multipurpose use

thereof for general state and local governmental purposes. The department shall make

recommendations to the governor as appropriate.
N.D. Cent. Code § 37-09-13 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-13
37-09-13. Limitations on peacetime sentence of court-martial - Alternatives in complying with sentence
Status: repealed

37-09-13. Limitations on peacetime sentence of court-martial - Alternatives in

complying with sentence.

Repealed by S.L. 1999, ch. 322, § 11.
N.D. Cent. Code § 37-14-16.1 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-16.1
37-14-16.1. 1945 appropriation
Status: in_force

37-14-16.1. 1945 appropriation

Omitted.
N.D. Cent. Code § 37-10-03.4 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-03.4
37-10-03.4. Contracting officer for construction of national guard facilities
Status: in_force

37-10-03.4. Contracting officer for construction of national guard facilities

The adjutant general or the adjutant general's designee is the contracting officer for the

state concerning the construction of national guard facilities. Governing bodies of political

subdivisions may, by resolution, also designate the adjutant general or the adjutant general's

designee as their contracting officer for the construction of national guard facilities.
N.D. Cent. Code § 37-18-11 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-11
37-18-11. Release of information and records - Confidential nature
Status: in_force

37-18-11. Release of information and records - Confidential nature

All records and papers pertaining or relating to veterans or veterans' eligible dependents

must be kept and maintained by the department of veterans' affairs under the following

provisions and conditions:

1. All records and papers of the department must be utilized in the manner to best serve

the public interest, but the veteran's right of privacy as to information pertaining to the

veteran's military or naval service and to confidential information contained in the

veteran's application for benefits will be respected.

2. All reports of investigation made by employees of the department or at the direction of

the department for official departmental purposes are for the use of the commissioner

and the commissioner's staff only. Materials and information which disclose the

investigative techniques of the department or the identity of confidential informants and

material received in confidence by representatives of the department will not be

released.

3. Records pertaining to any application for benefits, whether pending or adjudicated, are

deemed confidential and may not be disclosed except in the circumstances and under

the conditions set forth in this chapter. For purposes of this section, "applicant" means

an individual applying for benefits.

4. An applicant may not have access to official department records concerning the

applicant, but information from official records may be disclosed to an applicant or the

applicant's duly authorized representative as to matters concerning the applicant.

5. "Duly authorized representative" means any person authorized in writing by the

applicant to act for the applicant, or the applicant's legally constituted representative if

the applicant is incompetent or deceased. If for proper reason a representative has not

been or will not be appointed, the applicant's spouse, an adult child, or if the applicant

is unmarried, either of the applicant's parents are recognized as the duly authorized

representative of the applicant.

6. Medical information may be disclosed as follows:

a. Except as otherwise required by law, information contained in a veteran's medical

records on file must be disclosed to the veteran on request.

b. Information contained in medical records of veterans or veterans' dependents

pertaining to medical history, diagnosis, findings, or treatment may be disclosed

directly to physicians and hospitals for treatment, payment, and health care

operations, and as otherwise authorized by law. This information is to be treated

as confidential information. This information also may be disclosed without the

consent of the veteran or the veteran's duly authorized representative when a

request for the information is received from the veterans' administration, the

United States public health service, the superintendent of a state hospital, a

commissioner or head of a state department of mental hygiene, or head of a

state, county, or city health department and the disclosure is required by law, or

for the purpose of treatment, payment, or health care operations.

7. Information contained in loan files may be made available to any party having an

interest in the loan transaction upon approval by the commissioner or pursuant to rules

and regulations adopted by the commissioner.

8. Information contained in department files required for official purposes by any agency

of the United States government or by any agency of this state, or by any law

enforcement or public welfare agency of any county or municipality of this state may

be furnished in response to an official request, written or oral, from the agency. The

requesting agency must be asked to specify the purpose for which the information is to

be used.

9. Subject to the limitations of any other law, members of the legislative assembly may be

furnished the information contained in department files as may be requested for official

use.

10. A county veterans' service officer may inspect records pertaining to any application for

benefits in which the officer's office may be directly involved upon the condition that

only the information contained in the application as may be properly disclosed must be

disclosed by the officer only to the applicant or if the applicant is incompetent, to the

applicant's duly authorized representative.

11. When records pertaining to any application for benefits are requested for use in any

judicial proceedings, the records may be released only upon service of a proper

subpoena and upon the condition the records will be returned upon conclusion of the

proceedings.

12. Addresses of applicants from department records may not be furnished, except as

provided in subsections 5 through 10. When an address is requested by a person to

whom it may not be furnished, the person making the request must be informed

correspondence enclosed in an unsealed envelope showing no return address, with

the name of the addressee on the correspondence, and bearing sufficient postage to

cover mailing costs will be forwarded by the department. When the correspondence is

forwarded, the department's return address must be placed on the envelope. If

undelivered mail is returned to the department, the original sender must be notified,

and the envelope must be retained by the department. The department may not

forward letters for the purposes of debt collection, canvassing, or harassment.

13. Separation documents evidencing service in the armed forces of the United States and

information extracted from a separation document by the United States department of

defense are confidential and privileged, anything contained in subsections 4 through

10 notwithstanding. Examination of those records is limited to authorized employees of

the department and information within those records may be disclosed only to

interested governmental agencies for the purpose of assisting veterans or veterans'

eligible dependents to obtain the rights and benefits to which the veterans or veterans'

eligible dependents may be entitled.
N.D. Cent. Code § 37-19.1-04 — ND Code / Title 37 / Chapter 37-19.1 / Section 37-19.1-04
37-19.1-04. Refusal to give preference - Retaliatory action or removal - Remedies - Procedures
Status: in_force

37-19.1-04. Refusal to give preference - Retaliatory action or removal - Remedies -

Procedures.

1. If a veteran, or a qualified veteran's spouse, hereafter known as the applicant, is not

given the preference provided in section 37-19.1-02 or 37-19.1-03, the applicant,

within fifteen calendar days after receipt of notification by certified mail or through a

designated electronic communication that employment has been refused, may request

a hearing as provided in subsection 3. The notification from the employer must include

the reasons for nonselection, inform the applicant of the right to an appeal hearing,

inform the applicant of the requirement that the request for a hearing must be filed by

certified mail or designated electronic communication within fifteen calendar days after

the notification, inform the applicant that a request for an appeal hearing must be

made to the commissioner of veterans' affairs at the included commissioner's mailing

address or electronic mail address, and inform the applicant that if the applicant

requests an appeal, the applicant must provide by mail or designated electronic

communication a copy of the request for an appeal hearing to the employer or

employing agency. The applicant's request for a hearing must be in writing, must

include a copy of the employer's notification that employment has been refused, and

must be submitted to the commissioner of veterans' affairs by certified mail or

electronic means designated by the commissioner. A copy of the written request must

be provided to the employer or employing agency by certified mail or electronic means

designated by the employer or employing agency. The applicant is entitled to

immediate employment in the position for which application was originally made, or an

equivalent position, together with backpay and benefits from the date the appointment

should have been made less amounts otherwise earnable through due diligence, if the

hearing officer finds in favor of the applicant.

2. Any person who has exercised the right to an employment preference under this

chapter, and who, within one year after exercise of that right:

a. Is discharged;

b. Has had compensation reduced; or

c. Is otherwise subject to action by the employing agency designed to cause the

veteran or qualified veteran's spouse to resign or quit employment, is entitled to a

hearing if the person believes that the employing agency took any of the

above-described action due to the exercise of employment preference. The

hearing must be held before a hearing officer as provided in subsection 3. If the

hearing officer finds that the employing agency took any of the actions described

in subdivision a, b, or c due to the person's exercise of the right to an

employment preference, the hearing officer shall order the employing agency to

cease and desist from such action or to reinstate the veteran or qualified

veteran's spouse. The request for a hearing under this subsection must be in

writing addressed to the commissioner of veterans' affairs. The request for a

hearing must identify the employer or employing agency that took any action

described in subdivision a, b, or c and describe the action taken. A copy of the

written request must be mailed to the employer or employing agency. The

request, addressed to the commissioner of veterans' affairs and the copy to the

employer or employing agency, must be made by certified mail within fifteen

calendar days after any action described in subdivision a, b, or c is taken by the

employing agency.

3. Within fifteen calendar days after receiving a request from an applicant or person

under subsection 1 or 2, the commissioner of veterans' affairs may request the director

of the office of administrative hearings to designate a hearing officer to hear the

grievance arising under subsection 1 or 2. The commissioner shall notify the employer

or employing agency that a request for a hearing has been made. The office of

administrative hearings is entitled to be reimbursed by the employer or employing

agency for all hearing officer services rendered and expenses incurred in performing

these duties. The hearing officer shall hold the hearing within thirty calendar days after

the hearing officer request is received by the director of the office of administrative

hearings. Notwithstanding the time limitation, the hearing officer may postpone or

continue the hearing for good cause, at the request of a party. At the hearing, both

parties may be represented by counsel. If the hearing is requested pursuant to

subsection 1, the employing agency has the burden of proving that the veteran or the

qualified veteran's spouse did not possess the qualifications required for the position. If

the hearing is requested pursuant to subsection 2, the employing agency has the

burden of proving that any action which was taken was not taken because of exercise

of the right to an employment preference. The hearing officer shall issue findings of

fact, conclusions of law, and an order within fifteen calendar days after the hearing is

concluded, briefs filed, and arguments closed. The order is binding on both parties,

subject to appeal.

4. Any party aggrieved by the findings of fact, conclusions of law, and order of the

hearing officer may appeal in the manner provided for in chapter 28-32, except that the

appellant need not execute an undertaking.
N.D. Cent. Code § 37-01-32 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-32
37-01-32. State treasurer as trustee exchanging farmlands for military purposes - Conditions of exchange
Status: repealed

37-01-32. State treasurer as trustee exchanging farmlands for military purposes -

Conditions of exchange.

Repealed by S.L. 1953, ch. 223, § 9.
N.D. Cent. Code § 37-04.1-04 — ND Code / Title 37 / Chapter 37-04.1 / Section 37-04.1-04
37-04.1-04. Pay and allowances allowed national guard called to service under federal authority
Status: in_force

37-04.1-04. Pay and allowances allowed national guard called to service under federal

authority.

An officer or enlisted member of the national guard ordered to active duty under federal

authority, while so assigned, must receive the pay and allowances authorized under federal law.
N.D. Cent. Code § 37-15-05 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-05
37-15-05. Meetings of board of trustees - Selection of chairman and treasurer - General powers
Status: repealed

37-15-05. Meetings of board of trustees - Selection of chairman and treasurer -

General powers.

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-17.1-14 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-14
37-17.1-14. Mutual aid
Status: in_force

37-17.1-14. Mutual aid

1. Counties and cities must be encouraged and assisted by the division of homeland

security and emergency management to conclude suitable arrangements for furnishing

mutual aid in emergency management. The arrangements must include provision of

aid by persons and units in public employ.

2. In review of local disaster or emergency plans, the division of homeland security and

emergency management shall consider whether they contain adequate provisions for

the rendering and receipt of mutual aid.
N.D. Cent. Code § 37-01-35 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-35
37-01-35. Legalizing previous recordings
Status: in_force

37-01-35. Legalizing previous recordings

If a recorder, or designated official, has recorded discharge papers without charging the

recording fees provided by law, the recording is declared legalized. In no such case may the

recorder, or designated official, be held responsible in cases in which filing fees have not been

collected.
N.D. Cent. Code § 37-08-02 — ND Code / Title 37 / Chapter 37-08 / Section 37-08-02
37-08-02. Enlistments in national guard reserve - Contract - Oath
Status: in_force

37-08-02. Enlistments in national guard reserve - Contract - Oath

Individuals duly qualified for enlistment in the active national guard may enlist in the national

guard reserve for a period of one year or three years under the regulations prescribed by the

secretary of defense. Upon enlisting in the reserve, each individual shall subscribe the following

enlistment contract and take the oath therein specified:

I acknowledge to have voluntarily enlisted on ____________, ____, as a soldier in the

national guard of the United States and of the state of North Dakota, to serve in the reserve

thereof, or in the active national guard of the United States and said state if transferred

thereto, for a period of one year (or three years), unless sooner discharged by proper

authority, and I do solemnly swear that I will bear true faith and allegiance to the United

States of America and to the state of North Dakota, and that I will serve them honestly and

faithfully against all their enemies whomsoever, and that I will obey the orders of the

president of the United States and the governor of the state of North Dakota, and of the

officers appointed over me according to law, the rules of war, and the uniform code of

military justice.
N.D. Cent. Code § 37-17.3-08 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-08
37-17.3-08. State emergency communications center system and service fees
Status: in_force

37-17.3-08. State emergency communications center system and service fees

1. The director shall establish the appropriate fees for access to the state emergency

communications center system and North Dakota law enforcement

telecommunications systems and other such systems that may be employed that

enhance public safety. Changes to fees charged by the division, including schedule of

charges for counties and cities, will take effect on July first. The director shall

announce any fee increases a minimum of one year before the effective date. When

the director considers an adjustment, as a part of the process the director shall consult

with representatives of state and local units of government before setting fees. The

director may consider economic conditions and the general economy when setting

fees. The director shall deposit all revenue obtained under this chapter with the state

treasurer for deposit in the state emergency communications center broadcasting

system operating account. The state emergency communications center broadcasting

system operating account must be expended pursuant to legislative appropriation for

the operation and maintenance of the system.

2. Each county and city law enforcement department that accesses the North Dakota

teletype system shall pay a fee levied on a per terminal basis. Other law enforcement

affiliated organizations and federal agencies will pay one hundred percent of the actual

costs incurred by the division for providing the service. Fees will be levied on a per

terminal basis. State general fund agencies that access the system will not incur any

fees for the service. City and county law enforcement fees are based on the following

schedule of charges per terminal per month:

a. Fifteen percent of the fee established by the director in a county with a population

of less than five thousand.

b. Thirty percent of the fee established by the director in a county with a population

of five thousand or more but less than ten thousand.

c. Forty-five percent of the fee established by the director in a county with a

population of ten thousand or more but less than fifteen thousand.

d. Sixty percent of the fee established by the director in a county with a population

of fifteen thousand or more but less than twenty-five thousand.

e. Seventy-four percent of the fee established by the director in a county with a

population of twenty-five thousand or more.
N.D. Cent. Code § 37-04-10 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-10
37-04-10. Allowances for commissioned officers
Status: repealed

37-04-10. Allowances for commissioned officers

Repealed by S.L. 1953, ch. 223, § 9.
N.D. Cent. Code § 37-07.2-01 — ND Code / Title 37 / Chapter 37-07.2 / Section 37-07.2-01
37-07.2-01. National guard member grants and tuition waivers - Terms
Status: in_force

37-07.2-01. National guard member grants and tuition waivers - Terms

1. Subject to legislative appropriation and rules adopted by the adjutant general, a

qualifying member of the national guard who enrolls in an accredited postsecondary

institution in North Dakota which is not controlled by the state may receive a grant in

an amount not to exceed the cost of tuition and fees for similar courses and credit

hours for a qualifying member of the national guard who is enrolled in the North

Dakota university system institution with the highest tuition and fee rate.

2. Any accredited postsecondary institution that is not controlled by the state and which

participates in the national guard member grant program shall waive twenty-five

percent of the tuition that otherwise would be charged to each enrolled, qualifying

member of the national guard.

3. The adjutant general shall adopt rules for distributing grants under this section and

establishing qualification requirements for grant recipients.

4. A member of the national guard may receive a grant under this section only as long as

the member maintains satisfactory performance with the national guard, meets the

qualification requirements of the rules adopted under this section, and pursues a

course of study satisfying the normal requirements of the postsecondary institution in

which the member is enrolled.

5. For purposes of calculating the grant amount under subsection 1, the "cost of tuition

and fees for similar courses and credit hours for a qualifying member of the national

guard who is enrolled in the North Dakota university system institution with the highest

tuition and fee rate" may not be reduced by more than twenty-five percent pursuant to

section 37-07.1-03.
N.D. Cent. Code § 37-17.4-08 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-08
37-17.4-08. Relation to other laws
Status: in_force

37-17.4-08. Relation to other laws

1. This chapter does not limit rights, privileges, or immunities provided to volunteer health

practitioners by laws other than this chapter. Except as otherwise provided in

subsection 2, this chapter does not affect requirements for the use of health

practitioners pursuant to the emergency management assistance compact.

2. The department of emergency services, pursuant to the emergency management

assistance compact, may incorporate into the emergency forces of this state volunteer

health practitioners who are not officers or employees of this state, a political

subdivision of this state, or a municipality or other local government within this state.
N.D. Cent. Code § 37-18-04 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-04
37-18-04. Duties of commissioner
Status: in_force

37-18-04. Duties of commissioner

To provide services and benefits to veterans and the veterans' dependents, the

commissioner shall:

1. Coordinate with any federal agency or public or private entity of this state or any other

state as required to fulfill the commissioner's duties;

2. Supervise and implement programs and benefits authorized by statute;

3. Assist or represent veterans or their widows, administrators, executors, guardians, or

heirs, in processing claims;

4. Advise and assist veterans in taking advantage of the benefits and services for

veterans afforded by the federal government;

5. Provide counties with recommended qualifications and standards for county veterans'

service officers;

6. Assist counties with training of county veterans' service officers;

7. Provide county veterans' service officers with educational materials;

8. Assist county veterans' service officers in the performance of their duties;

9. Disseminate information; and

10. Do all things necessary and proper for the purpose of carrying out the intent and

purposes of this chapter.
N.D. Cent. Code § 37-17.1-08 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-08
37-17.1-08. Establishment of interjurisdictional disaster planning and service areas
Status: repealed

37-17.1-08. Establishment of interjurisdictional disaster planning and service areas

Repealed by S.L. 1985, ch. 398, § 22.
N.D. Cent. Code § 37-02-02 — ND Code / Title 37 / Chapter 37-02 / Section 37-02-02
37-02-02. North Dakota national guard - Composition
Status: in_force

37-02-02. North Dakota national guard - Composition

The North Dakota national guard consists of regularly enlisted and enrolled members within

the age limits prescribed by federal law; organized, armed, and equipped as provided in this title

and of commissioned officers within the ages conforming to the rules and regulations

promulgated by the department of the army and department of the air force as conditions

precedent to federal recognition.
N.D. Cent. Code § 37-17.1-14.6 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-14.6
37-17.1-14.6. Northern emergency management assistance compact
Status: in_force

37-17.1-14.6. Northern emergency management assistance compact

The northern emergency management assistance compact is entered with all jurisdictions

legally joining the compact in the form substantially as follows:

ARTICLE I - NAME AND SCOPE

1. This compact is established as directed by the state and province emergency

management assistance memorandum of agreement and brought into force by

congressional consent on September 14, 2012, by the 112th Congress of the United

States of America.

2. The object of this compact shall be to facilitate cross-border emergency management

assistance through mutual aid.

ARTICLE II - MEMBERSHIP

1. Membership in this compact shall be open to the states and provinces having signed

the state and province emergency management assistance memorandum of

agreement, hereinafter referred to as party jurisdictions.

2. Representatives from the nonsignatory states and provinces as well as the national

governments of Canada and the United States shall be nonvoting members.

ARTICLE III - BOARD

1. The policies and direction of this compact shall be directed and controlled by a board

of directors, which shall consist of the directors of emergency management or

measures, or their designated official substitute from the party jurisdictions. The

designated official substitute shall be specified either on the jurisdiction's compact

contact sheet or in writing to the compact co-chairs.

2. The board may invite representatives from other governments, subject matter experts,

and such other individuals as they may deem appropriate to attend the compact

meetings as nonvoting participants.

ARTICLE IV - GOVERNMENT

1. The board of directors shall act as the governing body of this compact.

2. The following shall be the officers:

a. A co-chair elected from the participating states; and

b. A co-chair elected from the participating provinces.

3. The co-chairs shall be elected biennially in alternate years.

4. In the event a co-chair is unable to fulfill the co-chair's term, a special election shall be

held at the next meeting, regular or special, to fill the remainder of the co-chair's term.

ARTICLE V - SUBCOMMITTEES AND WORKING GROUPS

1. The compact board of directors may appoint subcommittees and working groups as

needed.

2. Each subcommittee and working group shall be co-chaired by a representative of a

Canadian and a United States party jurisdiction.

3. The subcommittees and working groups shall report to this compact through the

co-chairs and the co-chairs are ex officio members of all subcommittees and working

groups.

ARTICLE VI - MEETINGS

1. This compact shall meet at least once a year at locations to be determined by the

board of directors.

2. Special meetings may be held at any time by order of the co-chairs.

3. Meetings may be held by conference call or other communication facilities that permit

all persons participating in the meeting to communicate with each other, and all

persons participating in the meeting by such means are deemed to be present.

4. A jurisdiction may participate at its own cost in any meeting by telephone or other

communication facilities that permit all persons participating in the meeting to

communicate with each other, and a person participating in a meeting by such means

is deemed to be present at the meeting.

5. The newest co-chair shall be responsible for creating a record of decisions for each

meeting.

6. The newest co-chair shall be responsible for distributing meeting agendas, records of

decisions, and any documents slated for discussion at a meeting to the board of

directors.

7. A meeting agenda and any documents slated for discussion at a meeting should be

circulated to the board of directors a minimum of thirty days prior to the meeting.

8. All meetings shall follow a form agreed to by the co-chairs.

9. A quorum shall consist of a simple majority of party jurisdictions that consists of at

least one party jurisdiction from Canada and one party jurisdiction from the United

States of America. Jurisdictions participating by proxy shall not count towards a

quorum.

ARTICLE VII - VOTING

1. Each party jurisdiction shall have only one vote on any motion or election.

2. Motions may only be introduced or seconded by members of the board of directors

present or represented by proxy.

3. Motions arising at any meeting shall be determined by consensus. In the absence of

consensus a two-thirds majority is required from each of the Canadian and United

States of America party jurisdictions either present or represented by proxy. A vote

given in accordance with the terms of a proxy shall be valid.

4. If the director or designated official substitute of a party jurisdiction cannot attend a

meeting of the northern emergency management assistance compact, the party

jurisdiction may give a proxy to another jurisdiction. A proxy shall be in writing under

the hand of the director or designated official substitute. The proxy shall be delivered

to one of the co-chairs before or at the meeting. A proxy is valid for one meeting.

ARTICLE VIII - SIGNING AUTHORITY

Documents or other instruments requiring the signature of the compact shall be signed by

both co-chairs.

ARTICLE IX - AMENDMENTS

These bylaws may be amended by a two-thirds vote at any meeting of the compact

provided that thirty days' notice in writing be given of such meeting to the voting member of

each party jurisdiction and that the notice contains the text, or the general nature, of any

proposed amendments.

ARTICLE X - OPERATIONS MANUAL AND BYLAWS

1. The most recent past co-chair shall be responsible for updating and storing a copy of

the most recent version of the operations manual and bylaws.

2. Any party jurisdiction may request that amendments be made to the operations

manual and bylaws.

3. All requests for amendments to the operations manual and bylaws shall be submitted

to the past co-chair responsible for the operations manual and bylaws.

4. Amendments to the operations manual and bylaws shall come into force on the date

that the operations manual or bylaws, respectively, are approved by the board of

directors or a later date as decided by the board of directors.

ARTICLE XI - TRAINING

The senior co-chair shall be responsible for coordinating delivery of the compact training

and exercises to party jurisdictions.
N.D. Cent. Code § 37-15-03 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-03
37-15-03. Government of veterans' home
Status: in_force

37-15-03. Government of veterans' home

The general supervision and government of the veterans' home is vested in the governor.
N.D. Cent. Code § 37-26-06 — ND Code / Title 37 / Chapter 37-26 / Section 37-26-06
37-26-06. Payments exempt from taxation and from execution - Assignments void - Debts to state and political subdivisions not deducted
Status: in_force

37-26-06. Payments exempt from taxation and from execution - Assignments void -

Debts to state and political subdivisions not deducted.

Payments under this chapter are exempt from all state and local taxes and from levy,

garnishment, attachment, and sale on execution. Any pledge, mortgage, sale, assignment, or

transfer of any right, claim, or interest in any claim or payment under this chapter is void and

payment to the veteran may not be denied because of any sums owed to the state or any

political subdivisions, except as provided in section 37-26-05.
N.D. Cent. Code § 37-14-05 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-05
37-14-05. Application for aid
Status: in_force

37-14-05. Application for aid

A qualified person may apply to the department of veterans' affairs in such form as it

provides, either while the applicant is waiting for relief or assistance from another agency, state

or federal, or for further assistance for the applicant's education, or otherwise.
N.D. Cent. Code § 37-17.4-02 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-02
37-17.4-02. Applicability to volunteer health practitioners
Status: in_force

37-17.4-02. Applicability to volunteer health practitioners

This chapter applies to volunteer health practitioners registered with a registration system

that complies with section 37-17.4-04 and who provide health or veterinary services in this state

for a host entity during an emergency.
N.D. Cent. Code § 37-05-04 — ND Code / Title 37 / Chapter 37-05 / Section 37-05-04
37-05-04. Property and disbursing officer may entrust money to other officers - Liability - Penalty for misconduct
Status: in_force

37-05-04. Property and disbursing officer may entrust money to other officers -

Liability - Penalty for misconduct.

Under such regulations as may be prescribed by the secretary of defense, the property and

disbursing officer accountable for public moneys may entrust money to any other officer of the

national guard for the purpose of having that officer make disbursements thereof as the property

and disbursing officer's agent, and each officer to whom money is so entrusted, as well as the

officer entrusting the same to that officer, must be held pecuniarily responsible therefor to the

United States. For the agent officer's official misconduct, the agent officer is subject to all the

liabilities and penalties prescribed by law in like cases for the officer for whom the agent officer

acts as agent.
N.D. Cent. Code § 37-18-17 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-17
37-18-17. Burial medallion program
Status: in_force

37-18-17. Burial medallion program

1. As used in this section, "medallion" means a small, durable marker attached to an

existing headstone or grave marker to indicate a veteran's status.

2. The department of veterans' affairs shall establish and administer a program to provide

a medallion for a national guard or national guard reserve member, not buried in the

state veterans' cemetery, who does not qualify for another medallion from the state or

federal department of veterans affairs.
N.D. Cent. Code § 37-17.1-30 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-30
37-17.1-30. Hazard mitigation revolving loan fund - Purposes - Establishment - Continuing appropriation
Status: in_force

37-17.1-30. Hazard mitigation revolving loan fund - Purposes - Establishment -

Continuing appropriation.

There is created a hazard mitigation revolving loan fund to coordinate funding for hazard

mitigation activities in North Dakota. The department of emergency services will administer this

fund in accordance with the Safeguarding Tomorrow through Ongoing Risk Mitigation Act

[Pub. L. 116-284; 134 Stat. 4869]. Grants from the federal government or its agencies, including

the federal emergency management agency, provided to the state for the capitalization of the

hazard mitigation revolving loan fund, and required state matching funds, must be deposited in

the hazard mitigation revolving loan fund in compliance with the terms of the grants. The

principal of the grants must remain available for providing financial assistance as allowed under

the Safeguarding Tomorrow through Ongoing Risk Mitigation Act [Pub. L. 116-284; 134 Stat.

4869]. All moneys placed in the fund under this section are appropriated to the department on a

continuing basis. When moneys in the revolving loan fund are not required for current

expenditures, they must be invested in interest-bearing obligations.
N.D. Cent. Code § 37-10-03.2 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-03.2
37-10-03.2. Exchange, sale, and lease of military lands
Status: in_force

37-10-03.2. Exchange, sale, and lease of military lands

The adjutant general may exchange with or sell to any person lands owned by the state and

used for military purposes, and may purchase, within funds available, parcels of land necessary

for the construction of armories or the expansion of present military installations in the state.

Sales must be made under the provisions of sections 54-01-05.1 and 54-01-05.2 and all net

proceeds of sales must be placed in the national guard training area and facility development

trust fund. The adjutant general may lease parts of military installations to any person. Land

originally acquired from a county, city, or political subdivision for nominal consideration may be

vacated by the adjutant general and conveyed back to the county, city, or political subdivision

when the land is no longer necessary for military purposes.
N.D. Cent. Code § 37-14-04 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-04
37-14-04. Veterans' aid fund - Purpose
Status: in_force

37-14-04. Veterans' aid fund - Purpose

The purpose of the veterans' aid fund is to make loans to any veteran and to a surviving

spouse of a veteran. A qualified applicant may be permitted to receive more than one loan

providing the total amount of all loans does not exceed eight thousand dollars.
N.D. Cent. Code § 37-27-02 — ND Code / Title 37 / Chapter 37-27 / Section 37-27-02
37-27-02. Payment of adjusted compensation for service
Status: in_force

37-27-02. Payment of adjusted compensation for service

Each veteran is entitled to one hundred dollars for each month or any part of a month for

qualifying service. The total compensation paid to any veteran for qualifying service under this

chapter may not exceed one thousand dollars, except as provided in this section and section
N.D. Cent. Code § 37-09-07 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-07
37-09-07. Accused may be admitted to bond
Status: in_force

37-09-07. Accused may be admitted to bond

The presiding officer of a military court may accept a bond for the delivery of the accused

upon demand after the final action of the court, and even after the jurisdiction of such court

terminates the presiding officer may accept a bond pending the action of the reviewing authority.

Such bond, however, may not be less than twice the amount of the maximum sentence which

may be imposed for the charge when expressed in terms of fine or forfeiture.
N.D. Cent. Code § 37-17.1-03 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-03
37-17.1-03. Limitations
Status: in_force

37-17.1-03. Limitations

Nothing in this chapter may:

1. Interfere with the course or conduct of a labor dispute, except that actions otherwise

authorized by this chapter or other laws may be taken when necessary to forestall or

mitigate imminent or existing danger to public health or safety.

2. Interfere with dissemination of news or comment on public affairs. Any

communications facility or organization, including radio and television stations, wire

services, and newspapers may be required to transmit or print public service

messages furnishing information or instructions in connection with a disaster or

emergency situation.

3. Affect the jurisdiction or responsibilities of units of the armed forces of the United

States or of this state, or of any personnel thereof, when on active duty. State and

local emergency operational plans must place reliance upon the forces available for

performance of functions related to disasters or emergencies.

4. Limit, modify, or abridge the authority of the governor to proclaim martial law, provide

aid or assistance to civil authorities, or exercise any other powers vested in the

governor under the Constitution of North Dakota, or statutes, common law, or

sovereign powers of this state independent of, or in conjunction with, any provisions of

this chapter.

5. Change or modify the responsibilities of the American National Red Cross as defined

by the Congress of the United States in 36 U.S.C. 300101.
N.D. Cent. Code § 37-17.3-02.2 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-02.2
37-17.3-02.2. North Dakota statewide interoperability executive committee
Status: in_force

37-17.3-02.2. North Dakota statewide interoperability executive committee

1. The statewide interoperability executive committee consists of:

a. The director of the state emergency communications center or a designee;

b. The director of the division of homeland security and emergency management or

a designee;

c. The superintendent of the highway patrol or a designee;

d. The adjutant general or a designee;

e. The director of the department of transportation or a designee;

f. A representative of the North Dakota sheriff's and deputies association;

g. A representative of the North Dakota emergency managers association;

h. A representative of the North Dakota fire chiefs association;

i. A representative of the North Dakota emergency medical services association;

j. A representative of the North Dakota police chiefs association;

k. A representative of the North Dakota peace officers association;

l. A representative of the North Dakota 911 association;

m. A representative of the North Dakota association of counties;

n. A representative of the North Dakota league of cities;

o. The North Dakota chief information officer or a designee;

p. The North Dakota Indian affairs commission executive director or a designee;

q. One member of the North Dakota house of representatives and one member of

the North Dakota senate appointed by the legislative management;

r. The director of the game and fish department or a designee; and

s. The state health officer or a designee.

2. The committee shall elect a chairman and vice chairman for terms of two years upon

its initial meeting.

3. The committee shall prepare recommendations regarding a statewide interoperable

radio network with due consideration for all stakeholders reliant upon the statewide

interoperable radio network.

4. The committee may adopt rules governing the connection or integration of public

safety answering points to the statewide interoperable radio network and shall adopt

rules governing eligibility for access to the network.
N.D. Cent. Code § 37-18-14 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-14
37-18-14. Department of veterans' affairs employees - Conservatorship activities prohibited
Status: in_force

37-18-14. Department of veterans' affairs employees - Conservatorship activities

prohibited.

An employee of the department of veterans' affairs may not serve as a conservator for an

individual who is receiving benefits or services from the department, except if the individual is

the spouse or an immediate family member of the employee.
N.D. Cent. Code § 37-15-07 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-07
37-15-07. Administrator of veterans' home - Appointment - Qualifications
Status: in_force

37-15-07. Administrator of veterans' home - Appointment - Qualifications

The appointment, qualifications, term of office, and salary of the administrator of the

veterans' home must be as prescribed by the governor. The governor may designate the

administrator as commandant of the veterans' home if the administrator is an honorably

discharged veteran.
N.D. Cent. Code § 37-01-09 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-09
37-01-09. Service medals
Status: in_force

37-01-09. Service medals

The commander in chief of the national guard of this state may issue an order providing

suitable service medals or ribbons or marks of distinction for all officers and enlisted members

who have served in the national guard for an aggregate period of five, ten, twenty, thirty, and

forty years, respectively, and for a like service thereafter or for service on active duty with the

armed forces of the United States. Such service medals or ribbons may also be awarded to any

member of the armed forces of the United States who shall serve in an active duty capacity with

the North Dakota national guard for a period of two or more years.
N.D. Cent. Code § 37-05-01 — ND Code / Title 37 / Chapter 37-05 / Section 37-05-01
37-05-01. Property and disbursing officer - Qualifications - Appointment - Bond - Compensation
Status: in_force

37-05-01. Property and disbursing officer - Qualifications - Appointment - Bond -

Compensation.

The governor shall appoint, designate, or detail, subject to the approval of the secretary of

defense, an officer of the national guard of this state, who is the accountable property and

disbursing officer of the United States and shall perform the duties of such office in addition to

any other duties which the officer may be required to perform. Before entering upon the

performance of the officer's duties as property and disbursing officer, the officer shall give a

good and sufficient bond to the United States, in such amount as the secretary of defense may

require, conditioned for the faithful performance of the officer's duties and the safekeeping and

proper disbursing of the federal property and funds entrusted to the officer's care. After having

qualified as property and disbursing officer, the officer shall receive pay for the officer's services

at a rate to be fixed by the secretary of defense.
N.D. Cent. Code § 37-26-08 — ND Code / Title 37 / Chapter 37-26 / Section 37-26-08
37-26-08. Penalty for false statement
Status: in_force

37-26-08. Penalty for false statement

Any person who willfully makes a false statement in the application for benefits under this

chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 37-07.2-04 — ND Code / Title 37 / Chapter 37-07.2 / Section 37-07.2-04
37-07.2-04. Regulations
Status: in_force

37-07.2-04. Regulations

The adjutant general may adopt, amend, and rescind any national guard regulations,

pursuant to chapter 28-32, deemed necessary to implement and administer this chapter.
N.D. Cent. Code § 37-09-17 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-17
37-09-17. Keeper of municipal or county jails to receive persons committed by military court
Status: in_force

37-09-17. Keeper of municipal or county jails to receive persons committed by

military court.

The keeper of any municipal or county jail shall receive persons committed to the keeper by

a military court, and shall confine them in accordance with the direction and sentence of said

court.
N.D. Cent. Code § 37-26-05 — ND Code / Title 37 / Chapter 37-26 / Section 37-26-05
37-26-05. Method of payment - Deduction of sums due veterans' aid fund
Status: in_force

37-26-05. Method of payment - Deduction of sums due veterans' aid fund

Upon submission of satisfactory proof that the applicant is entitled to payment under this

chapter, 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 office of management and budget,

which shall cause the warrant-check to be issued for the amount of the claim. Payment must be

made from funds appropriated by the legislative assembly. If the veteran or the applicant for

payment under this chapter 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 office of management and budget together with the record of payment due.

Within the limits of the payment due, the amount of such indebtedness must be paid to the

veterans' aid fund and the applicant must be paid any remainder to which the veteran is entitled.
N.D. Cent. Code § 37-03-09 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-09
37-03-09. Funds for national guard - Plan of proposed field service to be submitted before receiving
Status: in_force

37-03-09. Funds for national guard - Plan of proposed field service to be submitted

before receiving.

In order that the national guard may receive the benefit of the funds provided by the

Congress of the United States, the adjutant general shall submit a plan of proposed field or

camp service of instruction prepared by the commanding officer of the national guard for the

ensuing year. Such plan must contain an estimate of the funds required for payment,

subsistence, and transportation of that portion of the national guard participating therein. The

estimate must contain the details and must be made out in the form required by instructions

from the secretary of defense.
N.D. Cent. Code § 37-28-03 — ND Code / Title 37 / Chapter 37-28 / Section 37-28-03
37-28-03. Payment of adjusted compensation for domestic and foreign service
Status: in_force

37-28-03. Payment of adjusted compensation for domestic and foreign service

Each national guard or reserve component resident veteran mobilized stateside is entitled

to fifty dollars for each month or major fraction thereof for domestic service. Each national

guard, reserve, or active component resident veteran of foreign service who received the

expeditionary medal or campaign badge is entitled to one hundred dollars for each month or

major fraction thereof. If the veteran received a purple heart for foreign service, the veteran is

entitled to a payment of two thousand five hundred dollars in lieu of monthly payments for

adjusted compensation related to the mobilization during which the purple heart was earned. If

the veteran is deceased, the veteran's beneficiary is entitled to any payments under this chapter

to which the veteran would have been entitled. Applications for adjusted compensation may be

filed with the adjutant general through June 30, 2021, or in the case of a soldier mobilized on

June 30, 2021, not later than six months after the end of the mobilization period of service.
N.D. Cent. Code § 37-08-04 — ND Code / Title 37 / Chapter 37-08 / Section 37-08-04
37-08-04. Method of drafting reserves for service
Status: in_force

37-08-04. Method of drafting reserves for service

Whenever it is necessary to call out any portion of the reserve militia for active duty, the

governor shall direct an order to the adjutant general, who, upon receipt of such order, shall

cause to be drafted by lot, by mustering officers detailed for that duty from the national guard, as

many of the reserve militia, or shall accept as many volunteers, as are required by the governor.

The adjutant general forthwith shall forward to the governor a list of persons drafted or accepted

as volunteers.
N.D. Cent. Code § 37-17.5-02 — ND Code / Title 37 / Chapter 37-17.5 / Section 37-17.5-02
37-17.5-02. Business and employee status during and after disaster response period
Status: in_force

37-17.5-02. Business and employee status during and after disaster response period

1. An out-of-state business that conducts operations within this state for purposes of

performing disaster or emergency remediation work or services during the disaster

response period may not be considered to have established a business presence that

would require that business or its out-of-state employees to be subject to any state

and local taxes or fees including unemployment insurance, workers' compensation, or

taxes administered by the tax commissioner. The out-of-state business or out-of-state

employee shall have a valid license to perform that business or occupation from the

principal state of business or employment.

2. During the disaster response period, the out-of-state business or out-of-state

employee may not be required to file or pay any state or local tax administered by a

state agency. The out-of-state business or out-of-state employee may not be required

to pay any sales and use tax on equipment used or brought into this state temporarily

for use during the disaster response period if the equipment is removed from this state

within a reasonable period of time after the disaster response period.

3. For purposes of any state or local tax on or measured by, in whole or in part, net or

gross income or receipts, all activity of the out-of-state business conducted in this state

under this chapter must be disregarded with respect to any filing requirements for a

tax, including the income tax return required for a unitary or combined group of which

the out-of-state business may be a part. For the purpose of apportioning income, the

apportionment factors attributable to the performance by an out-of-state business of

any work under this chapter may not be sourced to this state by the out-of-state

business or any member of its affiliated group.

4. An out-of-state employee may not be considered to have established a presence in

this state which would require that individual or that individual's employer to file or pay

income taxes, be subject to income tax withholding, or file and pay any other state or

local tax or fee during the disaster response period. This includes any tax or fee

imposed by a state agency but does not include any transaction taxes or fees

described in subsection 5.

5. Out-of-state businesses and out-of-state employees are subject to fuel taxes and state

or local sales or use taxes on materials or services purchased, consumed, or used in

this state which are subject to sales or use taxes, hotel taxes, or car rental taxes or

fees which the out-of-state affiliated business or out-of-state employee purchases for

use or consumption in this state during the disaster response period.

6. Any out-of-state business or out-of-state employee that remains in this state after the

disaster response period is subject to any business or employee registration and tax

requirements that apply.

7. An employee's sole remedy for a workplace injury under this section is the employee's

out-of-state employer's workers compensation policy.
N.D. Cent. Code § 37-04-01 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-01
37-04-01. Commissioned officers of national guard - Qualifications
Status: in_force

37-04-01. Commissioned officers of national guard - Qualifications

Officers of the national guard may not be commissioned as such unless they are at least

nineteen years of age and shall have been selected from the classes of persons having the

qualifications prescribed by federal law.
N.D. Cent. Code § 37-01-46 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-46
37-01-46. Honoring as veterans individuals who have performed military service
Status: in_force

37-01-46. Honoring as veterans individuals who have performed military service

An individual who has performed service in the national guard, the armed forces reserve of

the United States, or active duty armed forces of the United States, has received an honorable

discharge from service, and is not otherwise included within the definition of a veteran under

federal or state law is, at the completion of that individual's term of service, honored as a

veteran, but is not entitled to any benefits or preferences available to veterans by reason of this

section.
N.D. Cent. Code § 37-02-06 — ND Code / Title 37 / Chapter 37-02 / Section 37-02-06
37-02-06. Staff of governor
Status: in_force

37-02-06. Staff of governor

1. The staff of the governor consists of:

a. The adjutant general is the chief of staff and holds a rank consistent with that

individual's length of service and federal laws and regulations, but not to exceed

the rank of lieutenant general.

b. An assistant adjutant general for army who must hold a rank consistent with that

individual's length of service and federal laws and regulations, but not to exceed

the rank of brigadier general.

c. An assistant adjutant general for air force who must hold a rank consistent with

that individual's length of service and federal laws and regulations, but not to

exceed the rank of brigadier general.

d. Other assistant adjutants general authorized by a table of organization prescribed

by the laws or regulations of the United States or laws of this state who must hold

a rank consistent with length of service and federal laws and regulations, but not

to exceed the rank of brigadier general.

2. The governor shall deputize one of the assistant adjutant generals to serve as deputy

adjutant general. The deputy has all the powers and duties of the adjutant general,

except in instances where authority has been restricted by the adjutant general, and

shall serve as acting adjutant general in case of the absence or inability of the adjutant

general.
N.D. Cent. Code § 37-01-41 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-41
37-01-41. Claims against the national guard
Status: in_force

37-01-41. Claims against the national guard

1. Any individual injured by an activity of the North Dakota national guard may submit a

claim to the adjutant general. As used in this section, "claim" means a monetary

demand upon the state for personal injury or property damage arising from activities of

the national guard while on state active duty.

2. The adjutant general may approve a claim for less than two thousand five hundred

dollars. If the claim is approved by the adjutant general, the adjutant general shall

apply to the emergency commission for an amount from the contingency fund sufficient

to pay the claim. It must be conclusively presumed upon the receipt of such application

by the emergency commission that an emergency exists, and the commission shall

direct the transfer of the requested amount to the adjutant general from the

contingency fund. The adjutant general, upon receipt of the transfer from the

contingency fund, shall pay the claim.

3. The adjutant general shall forward any claim exceeding two thousand five hundred

dollars to the emergency commission with the adjutant general's recommendation. If

the claim is approved by the emergency commission, it must be conclusively

presumed that an emergency exists, and the commission shall direct the transfer of

the approved amount to the adjutant general from the contingency fund. The adjutant

general, upon receipt of the transfer from the contingency fund, shall pay the claim.

4. Decisions of the adjutant general or the emergency commission partially or totally

denying a claim may not be appealed to any court of this state.

5. Claims may not be submitted to the legislative assembly unless the claim has been

partially or totally denied by the adjutant general or the emergency commission.
N.D. Cent. Code § 37-07.1-04 — ND Code / Title 37 / Chapter 37-07.1 / Section 37-07.1-04
37-07.1-04. Limitations
Status: repealed

37-07.1-04. Limitations

Repealed by S.L. 1983, ch. 389, § 2.
N.D. Cent. Code § 37-15-17 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-17
37-15-17. Intestate members leaving estates valued in excess of three thousand dollars - Administrator to administer estate
Status: in_force

37-15-17. Intestate members leaving estates valued in excess of three thousand

dollars - Administrator to administer estate.

If a member of the veterans' home dies leaving property in excess of three thousand dollars

in value not disposed of by will, the administrator is entitled to letters of administration for the

estate. The administrator shall apply to the proper court for letters of administration, qualify as

administrator, and distribute and dispose of the estate. If a valid claim is not made to the estate

by the heirs or the next of kin of the deceased member for a period of one year after the

granting of letters of administration, the residue of the estate must be deposited with the state

treasurer for the benefit of the veterans' home operating fund.
N.D. Cent. Code § 37-09-04 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-04
37-09-04. General courts-martial - Convening - Powers
Status: in_force

37-09-04. General courts-martial - Convening - Powers

A general court-martial may be convened by order of the governor or the adjutant general.

Such court may sentence any member to:

1. A fine not exceeding five hundred dollars for a single offense;

2. Forfeiture of pay and allowances of not more than five hundred dollars for a single

offense;

3. A reprimand;

4. Dismissal or bad conduct discharge, or dishonorable discharge;

5. Reduction of an enlisted member to any lower rank;

6. Confinement of not more than one hundred eighty days; or

7. Any combination of these punishments.
N.D. Cent. Code § 37-04-09 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-09
37-04-09. Expenses allowed officers and enlisted men of national guard
Status: repealed

37-04-09. Expenses allowed officers and enlisted men of national guard

Repealed by S.L. 2023, ch. 324, § 3.
N.D. Cent. Code § 37-14-09 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-09
37-14-09. Records - Biennial report
Status: in_force

37-14-09. Records - Biennial report

The department of veterans' affairs shall keep full records and files of all transactions,

applications, advancements, and business pertaining to the veterans' aid fund. The department

may submit a biennial report to the governor and the secretary of state in accordance with

section 54-06-04.
N.D. Cent. Code § 37-18.1-01 — ND Code / Title 37 / Chapter 37-18.1 / Section 37-18.1-01
37-18.1-01. Administrative committee on veterans' affairs - Membership - Appointment
Status: in_force

37-18.1-01. Administrative committee on veterans' affairs - Membership -

Appointment.

There is hereby created an administrative committee on veterans' affairs, which, for

purposes of this chapter, must hereinafter be referred to as the committee. The committee must

consist of three ex officio nonvoting members and fifteen voting members. The adjutant general,

the center director of the veterans' administration, and the executive director of job service

North Dakota are the ex officio nonvoting members who shall serve in an advisory capacity to

the committee. On or before June 20, 1971, the American legion, the veterans of foreign wars,

the disabled American veterans, the veterans of World War II, Korea, and Vietnam, (amvets),

and Vietnam veterans of America, incorporated, shall each prepare a list containing the names

of six persons qualifying as veterans under the provisions of section 37-01-40, for appointment

as voting members of the committee. On or before July 1, 1971, the governor shall select fifteen

nominees, three from each list, five of whom must be appointed to a term of three years, five of

whom must be appointed to a term of two years, and five of whom must be appointed to a term

of one year, or until their successors are appointed and qualified. On or before the twentieth day

of June in each year, beginning in the year 1972, each of the above-listed nominating

organizations shall submit a list containing the names of two persons who qualify as veterans

under the provisions of section 37-01-40, to the governor for appointment or reappointment as

voting members of the committee. On or before the first day of July in each year, beginning in

the year 1972, the governor shall select one nominee from each list, a total of five nominees, to

fill expiring terms of voting members of the committee. Each such appointment must be for a

term of three years, or until a successor is appointed and qualified. All terms begin on the first

day of July and end on the thirtieth day of June in the year specified. In case of the inability or

failure of any voting member of the committee to serve, the governor shall appoint another

member from a list of two persons qualifying as veterans under the provisions of section

37-01-40, submitted by the nominating organization represented by the member who was

unable or failed to serve. Such appointments must be made for the remainder of the unexpired

term.
N.D. Cent. Code § 37-15-15 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-15
37-15-15. Disbursement of moneys from veterans' home operating fund
Status: in_force

37-15-15. Disbursement of moneys from veterans' home operating fund

All moneys withdrawn from the veterans' home operating fund must be withdrawn in

accordance with chapters 54-14 and 54-44.1.
N.D. Cent. Code § 37-01-15 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-15
37-01-15. Exemption from jury duty
Status: repealed

37-01-15. Exemption from jury duty

Repealed by S.L. 1977, ch. 113, § 1.
N.D. Cent. Code § 37-18-05 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-05
37-18-05. Seal of commissioner - Power to administer oaths and make certifications
Status: in_force

37-18-05. Seal of commissioner - Power to administer oaths and make certifications

The commissioner shall have a seal of office and may administer oaths and take

acknowledgments in connection with the prosecution of any claim for compensation,

hospitalization, insurance, or other aid or benefits. The commissioner may certify to the

correctness of any document or documents which may be submitted in connection with any

such application.
N.D. Cent. Code § 37-15-09 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-09
37-15-09. Majority of board of trustees to approve contracts - Proceedings of board to be recorded - Inspection of books
Status: repealed

37-15-09. Majority of board of trustees to approve contracts - Proceedings of board to

be recorded - Inspection of books.

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-01-14 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-14
37-01-14. Free passage through toll gates, bridges, and ferries
Status: in_force

37-01-14. Free passage through toll gates, bridges, and ferries

Any person belonging to the military forces of this state, going to or returning from any

parade, encampment, drill, or meeting which the person may be required by law to attend, must

be allowed to pass free through all toll gates and over all toll bridges and ferries, with the

person's conveyance and with any military property of this state in the person's charge, if the

person is in uniform or if the person presents an order for duty or a certificate of membership in

the national guard.
N.D. Cent. Code § 37-10-02 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-02
37-10-02. Board of armory supervisors - Appointment - Meetings
Status: repealed

37-10-02. Board of armory supervisors - Appointment - Meetings

Repealed by S.L. 1971, ch. 343, § 8.
N.D. Cent. Code § 37-17.1-02.2 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-02.2
37-17.1-02.2. Advisory committee to department of emergency services
Status: in_force

37-17.1-02.2. Advisory committee to department of emergency services

The adjutant general shall create one or more advisory committees to the department of

emergency services. An advisory committee may consist of not more than twelve members

representing local and state interests in the department. Members must be appointed to

four-year staggered terms. An advisory committee shall advise the department regarding

collaboration with political subdivisions, and each member of an advisory committee shall report

to the local interest each member represents concerning recommendations approved by the

committee. Each member of the advisory committee is entitled to be paid sixty-two dollars and

fifty cents per day for time spent in attendance at meetings and is entitled to be reimbursed for

the member's actual and necessary expenses at the rates and in the manner provided by law

for other state officers. The compensation and expenses must be paid out of department

appropriations.
N.D. Cent. Code § 37-07.1-07 — ND Code / Title 37 / Chapter 37-07.1 / Section 37-07.1-07
37-07.1-07. Regulations
Status: in_force

37-07.1-07. Regulations

The adjutant general may adopt, amend, and rescind any national guard regulations

pursuant to chapter 28-32 deemed necessary to implement and administer this chapter.
N.D. Cent. Code § 37-09-14 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-14
37-09-14. Sentence of court-martial to be approved
Status: in_force

37-09-14. Sentence of court-martial to be approved

A sentence of any court-martial is not effective until approved by the convening authority. A

sentence of dismissal from the service or dishonorable discharge imposed by a court-martial

may not be executed until approved by the governor.
N.D. Cent. Code § 37-17.4-07 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-07
37-17.4-07. Provision of volunteer health or veterinary services - Administrative sanctions
Status: in_force

37-17.4-07. Provision of volunteer health or veterinary services - Administrative

sanctions.

1. Subject to subsections 2 and 3, a volunteer health practitioner shall adhere to the

scope of practice for a similarly licensed practitioner established by the licensing

provisions, practice acts, or other laws of this state.

2. Except as otherwise provided in subsection 3, this chapter does not authorize a

volunteer health practitioner to provide services that are outside the practitioner's

scope of practice, even if a similarly licensed practitioner in this state would be

permitted to provide the services.

3. The department of health and human services or the state board of animal health may

modify or restrict the health or veterinary services that volunteer health practitioners

may provide pursuant to this chapter. An order under this subsection may take effect

immediately, without prior notice or comment, and is not a rule within the meaning of

4. A host entity may restrict the health or veterinary services that a volunteer health

practitioner may provide pursuant to this chapter.

5. A volunteer health practitioner does not engage in unauthorized practice unless the

practitioner has reason to know of any limitation, modification, or restriction under this

section or that a similarly licensed practitioner in this state would not be permitted to

provide the services. A volunteer health practitioner has reason to know of a limitation,

modification, or restriction or that a similarly licensed practitioner in this state would not

be permitted to provide a service if:

a. The practitioner knows the limitation, modification, or restriction exists or that a

similarly licensed practitioner in this state would not be permitted to provide the

service; or

b. From all the facts and circumstances known to the practitioner at the relevant

time, a reasonable person would conclude that the limitation, modification, or

restriction exists or that a similarly licensed practitioner in this state would not be

permitted to provide the service.

6. In addition to the authority granted by law of this state other than this chapter to

regulate the conduct of health practitioners, a licensing board or other disciplinary

authority in this state:

a. May impose administrative sanctions upon a health practitioner licensed in this

state for conduct outside of this state in response to an out-of-state emergency;

b. May impose administrative sanctions upon a practitioner not licensed in this state

for conduct in this state in response to an in-state emergency; and

c. Shall report any administrative sanctions imposed upon a practitioner licensed in

another state to the appropriate licensing board or other disciplinary authority in

any other state in which the practitioner is known to be licensed.

7. In determining whether to impose administrative sanctions under subsection 6, a

licensing board or other disciplinary authority shall consider the circumstances in

which the conduct took place, including any exigent circumstances, and the

practitioner's scope of practice, education, training, experience, and specialized skill.
N.D. Cent. Code § 37-01-22 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-22
37-01-22. Governor may make rules and regulations governing military forces in state - Limitations - Effect
Status: repealed

37-01-22. Governor may make rules and regulations governing military forces in state

- Limitations - Effect.

The governor may make such rules and regulations as deemed expedient for the

government of the military forces of this state, but such rules and regulations must conform to

the provisions of this title and, as nearly as practicable, to those governing the armed forces of

the United States. When promulgated, such rules and regulations have the same force and

effect as the provisions of this title and may not be repealed, altered, amended, or added to

except by the commanding officer of the national guard with the approval of the governor.
N.D. Cent. Code § 37-11-04 — ND Code / Title 37 / Chapter 37-11 / Section 37-11-04
37-11-04. Amount of pensions and claims allowed
Status: repealed

37-11-04. Amount of pensions and claims allowed

Repealed by S.L. 1979, ch. 392, § 3.
N.D. Cent. Code § 37-26-01 — ND Code / Title 37 / Chapter 37-26 / Section 37-26-01
37-26-01. Definitions
Status: in_force

37-26-01. Definitions

As used in this chapter:

1. "Adjutant general" means the adjutant general of North Dakota.

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

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

application;

b. The surviving child or children and the lawful issue of a deceased child or children

by right of representation;

c. The surviving person standing in loco parentis; or

d. The surviving parent or parents.

3. "Domestic service" means service by a veteran during the period of service which is

not foreign service.

4. "Foreign service" means service by a veteran during the period of service anywhere in

the Persian Gulf theatre.

5. "Honorable and faithful" means service evidenced by:

a. An honorable discharge, or its equivalent;

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

c. In the case of a veteran who has not been discharged, a certificate from the

appropriate service authority that the veteran's service was honorable and

faithful.

6. "Period of service" means the period of time beginning August 2, 1990, and ending

June 30, 1993.

7. "Resident" means a person who:

a. Was born in and lived in the state of North Dakota until entrance into the armed

forces of the United States;

b. Was born in, but was temporarily living outside the state of North Dakota, not

having abandoned North Dakota residence at the time of entrance into the armed

forces of the United States; or

c. Was born elsewhere but had resided within the state of North Dakota for the last

six months before entrance into military service and had prior to or during that

six-month period:

(1) Voted in the state of North Dakota;

(2) Was an emancipated minor during such period of residence or had lived

with a parent or person standing in loco parentis who was a resident; or

(3) Was not registered for voting in another state after being a resident.

d. "Resident" also means a veteran who was a bona fide resident of the state of

North Dakota at the time of entering the armed forces, as determined under the

rules of the adjutant general and the laws of this state. A person is not a resident

of North Dakota for the purpose of receiving any benefits under this chapter if the

person was on continuous active duty in the armed forces, immediately prior to

August 2, 1990, and has not established actual abode in North Dakota prior to

April 18, 1991.

8. "Veteran" means a member of the national guard or reserve component who was

activated under 10 U.S.C. 12301, in effect on December 31, 2004, or 10 U.S.C. 12302,

in effect on December 31, 2011, and who completed honorable and faithful service of

more than thirty days on active duty in the armed forces of the United States at any

time during the period of service, who was a resident of the state of North Dakota, and

who has not received bonus or adjusted compensation from another state for the

period of service.
N.D. Cent. Code § 37-04-08 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-08
37-04-08. Pay received by commissioned officers of the national guard
Status: repealed

37-04-08. Pay received by commissioned officers of the national guard

Repealed by S.L. 2023, ch. 324, § 3.
N.D. Cent. Code § 37-01-42 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-42
37-01-42. Honorary high school diplomas - Veterans of World War II and Korean and Vietnam conflicts
Status: in_force

37-01-42. Honorary high school diplomas - Veterans of World War II and Korean and

Vietnam conflicts.

1. Any World War II veteran who did not receive a high school diploma may apply for an

honorary high school diploma, provided:

a. The veteran entered the United States armed forces between September 16,

1940, and December 31, 1946, prior to completing the necessary high school

graduation requirements; and

b. The veteran was honorably discharged from the United States armed forces.

2. Any Korean conflict veteran who did not receive a high school diploma may apply for

an honorary high school diploma, provided:

a. The veteran was a member of the United States armed forces between June 27,

1950, and January 31, 1955; and

b. The veteran was honorably discharged from the United States armed forces.

3. Any Vietnam conflict veteran who did not receive a high school diploma may apply for

an honorary high school diploma, provided:

a. The veteran entered the United States armed forces between February 28, 1961,

and May 7, 1975; and

b. The veteran was honorably discharged from the United States armed forces.

4. In order to receive an honorary high school diploma, the veteran or a representative of

the veteran shall complete an application on a form prescribed by the superintendent

of public instruction. A county veterans' service officer shall certify the veteran's status

as an honorably discharged veteran who served during the qualifying period to the

superintendent of public instruction. The superintendent of public instruction shall

forward the application to the school district in which the veteran last attended school

before induction. If the school district no longer exists, the application must be

forwarded to the school district that has jurisdiction. If a school district decides not to

issue a diploma under this program, the veteran may apply to the superintendent of

public instruction for the diploma.

5. The school district and the superintendent of public instruction shall review and either

approve or deny each application received.

6. If a veteran who would have qualified for a diploma under this section is deceased, a

family member of the veteran may apply for and, if approved, be awarded the

veteran's honorary high school diploma.
N.D. Cent. Code § 37-19.1-01 — ND Code / Title 37 / Chapter 37-19.1 / Section 37-19.1-01
37-19.1-01. Definitions
Status: in_force

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. "Designated electronic communication" means an agreed electronic system of

communication used by a governmental agency and applicant as the designated

official means of communicating nonselection. The designated electronic

communication must include the applicant's electronic mail address. The term includes

an electronic system for the transmittal and receipt of appeals to the department of

veterans' affairs or a governmental agency and is limited to an electronic

communication that provides notice to a sender that the communication has been

delivered.

5. "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.

6. "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

must be something specific to that individual which renders the individual unsuitable

for the position.

7. "Political subdivision" means counties, cities, townships, and any other governmental

entity created by state law which employs individuals either temporarily or

permanently.

8. "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.

9. "Veteran" means an individual who:

a. Is a veteran as defined in subsection 1 of section 37-01-40; or

b. Is serving in or has been honorably discharged from the national guard or a

reserve unit.
N.D. Cent. Code § 37-04-15 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-15
37-04-15. Vacating commissions - Acquisition of reserve status
Status: in_force

37-04-15. Vacating commissions - Acquisition of reserve status

A commission in the national guard may be vacated:

1. At any time when it is determined by an efficiency board as provided by federal

regulation that the officer holding the commission is no longer fit for service by reason

of the officer's moral character, capacity, or general fitness for service;

2. By resignation of the officer holding the commission;

3. By the absence of the officer without leave for a period of three months; or

4. Pursuant to the sentence of a court-martial.

Officers of the national guard who are rendered superfluous by the disbandment of their

organization must be disposed of as provided by federal law. An officer, upon application

therefor, may be placed in the reserve in such manner as may be authorized by federal law.
N.D. Cent. Code § 37-12.1-01 — ND Code / Title 37 / Chapter 37-12.1 / Section 37-12.1-01
37-12.1-01. Plans for a state defense force
Status: in_force

37-12.1-01. Plans for a state defense force

The governor shall develop and maintain plans for the establishment of a state defense

force.
N.D. Cent. Code § 37-04-17 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-17
37-04-17. Board appointed to determine disability, unfitness, or incompetency of officers - Powers of board - Findings
Status: in_force

37-04-17. Board appointed to determine disability, unfitness, or incompetency of

officers - Powers of board - Findings.

Before the governor shall make an order placing an officer on the retired list on the ground

that such officer is disabled, unfit, or incompetent, the governor shall appoint a board of not less

than five commissioned officers, one of whom must be a surgeon, to investigate and report on

the matter. Such board shall determine the facts as to the nature and cause of the incapacity of

the officer who appears to be disabled, unfit, or incompetent from any cause to perform military

service, and whose case shall be referred to it. Before entering upon the discharge of a

member's duties, each member of the board must be sworn to an honest and impartial

performance of the person's duties as a member of the board. No officer whose grade or

promotion would be affected by the decision of such board in any case that may come before it

may participate in the examination or decision in such case. The board has the powers of courts

of inquiry and courts-martial, and whenever it finds an officer incapacitated for active service, it

shall report such fact to the governor, stating the cause of incapacity, whether from disability,

unfitness, or incompetency. If the governor approves the finding of the board, the officer must be

placed upon the retired list as provided in this chapter. No officer may be placed upon the retired

list by the action of such board without having had a full and fair hearing before the board if,

upon due notice, that officer demands it. It is not necessary to refer any case for the action of

the board unless the officer designated to be placed upon the retired list, within twenty days

after being notified that the officer will be so retired, serves on the adjutant general a notice in

writing that the officer demands a hearing and examination before such board.
N.D. Cent. Code § 37-01-39.1 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-39.1
37-01-39.1. Unit funds - Maintenance and expenditure
Status: in_force

37-01-39.1. Unit funds - Maintenance and expenditure

Each unit of the North Dakota national guard, upon approval of the adjutant general, is

authorized to maintain a nonreverting unit fund for purposes as prescribed by federal law and

regulations relating to unit funds of the federal military forces and to pay petty operating,

equipment, and supply costs incurred by the individual units. All funds transferred by the

adjutant general to the unit fund must be deposited in the unit fund and are hereby appropriated

for the maintenance and operation of the unit funds. Unit funds may be expended upon

authorization of the unit fund custodian designated by the adjutant general under guidelines

established by the adjutant general.
N.D. Cent. Code § 37-01-19 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-19
37-01-19. Commanding officer may arrest trespassers and disturbers
Status: in_force

37-01-19. Commanding officer may arrest trespassers and disturbers

Upon any occasion of duty, the commanding officer may place under arrest during the

continuance of such duty any person who shall:

1. Trespass upon the campground, parade ground, armory, or other place devoted to

such duty;

2. Interrupt or molest in any way or manner the orderly discharge of duty by those under

arms; or

3. Disturb or prevent the passage of troops going to or returning from such duty.
N.D. Cent. Code § 37-01-11 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-11
37-01-11. Members of active militia exempt from civil process
Status: in_force

37-01-11. Members of active militia exempt from civil process

No person belonging to the active militia of this state may be arrested on any warrant,

except for treason or felony, while going to, remaining at, or returning from any place which the

person may be required to attend for military duty.
N.D. Cent. Code § 37-17.1-29 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-29
37-17.1-29. Firearms in emergencies
Status: in_force

37-17.1-29. Firearms in emergencies

1. Notwithstanding any other law, a state agency, political subdivision, or elected or

appointed official or employee of this state or of a political subdivision may not, under

governmental authority or color of law, including any other statutorily authorized

responses to disaster, war, acts of terrorism, or emergencies of whatever kind or

nature:

a. Close or limit the operating hours of:

(1) Any government-owned or government-operated indoor or outdoor shooting

range, unless the closure or limitation is required for maintenance, law

enforcement training, military training, hunter education, or other special

activities associated with the shooting sports or the closing or limitation of

hours applies equally to all forms of commerce, use, recreation, enjoyment,

or general activity within the jurisdiction;

(2) Any private indoor or outdoor shooting range, unless the closing or limitation

of hours applies equally to all forms of commerce, use, recreation,

enjoyment, or general activities within the jurisdiction; or

(3) Any entity engaged in the lawful selling or servicing of any firearm, including

any component or accessory; ammunition, including any component or

accessory; ammunition-reloading equipment and supplies; or personal

weapons other than firearms, unless the closing or limitation of hours

applies equally to all forms of commerce, use, recreation, enjoyment, or

general activity within the jurisdiction;

b. Prohibit, regulate, or curtail the otherwise lawful possession, defensive use,

carrying, transfer, transportation, storage, display, or other lawful use of; or seize,

commandeer, confiscate, or authorize the seizure or confiscation of, any

otherwise lawfully possessed firearm or ammunition unless the person acting on

behalf of or under the authority of the state or political subdivision is defending

that person or another from an assault, arresting an individual in actual

possession of a firearm or ammunition for a violation of law, or seizing or

confiscating the firearm or ammunition as evidence of a crime;

c. When registration is not otherwise required by law, require registration of any

firearm, including any component or accessory; ammunition, including any

component or accessory; ammunition-reloading equipment and supplies; or

personal weapons other than firearms;

d. Suspend or revoke a permit to carry a concealed pistol issued pursuant to

chapter 62.1-04, except as expressly authorized in that chapter; or

e. Refuse to accept an application for a permit to carry a concealed pistol, provided

the application has been completed properly in accordance with chapter 62.1-04.

2. Any individual aggrieved by a violation of this section may commence a civil action

against any person who subjects the individual, or causes the individual to be

subjected, to an action prohibited by this section.

3. In addition to any other remedy, an individual aggrieved by the seizure or confiscation

of a firearm or ammunition in violation of this section may bring an action for the return

of the firearm or ammunition, or the value of the firearm or ammunition, if the firearm or

ammunition is no longer available, in the district court of the county in which that

individual resides, in which the firearm or ammunition is located, or in which the

seizure or confiscation occurred.

4. In any action to enforce this section, the court shall award a prevailing plaintiff costs

and reasonable attorney's fees.
N.D. Cent. Code § 37-28-06 — ND Code / Title 37 / Chapter 37-28 / Section 37-28-06
37-28-06. Method of payment - Deduction of sums due veterans' aid fund
Status: in_force

37-28-06. Method of payment - Deduction of sums due veterans' aid fund

Upon submission of satisfactory proof that the applicant is entitled to payment under this

chapter, 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 office of management and budget,

which shall cause the warrant-check to be issued for the amount of the claim. Payment must be

made from funds appropriated by the legislative assembly. If the veteran or the applicant for

payment under this chapter 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 office of management and budget together with the record of payment due.

Within the limits of the payment due, the amount of such indebtedness must be paid to the

veterans' aid fund and the applicant must be paid any remainder to which the veteran is entitled.
N.D. Cent. Code § 37-01-48 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-48
37-01-48. Payment of death benefits
Status: in_force

37-01-48. Payment of death benefits

The national guard may pay a death benefit to a designated beneficiary, or to the next of

kin, of a national guard service member who died while serving in a state active duty status

under this chapter. The payment of a death benefit may not exceed one hundred thousand

dollars and is subject to available funds. The adjutant general may adopt rules to implement this

section.
N.D. Cent. Code § 37-18-09 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-09
37-18-09. Department a continuation of veterans' service commissioner
Status: repealed

37-18-09. Department a continuation of veterans' service commissioner

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-14-14 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-14
37-14-14. Veterans' postwar trust fund
Status: in_force

37-14-14. Veterans' postwar trust fund

1. The veterans' postwar trust fund is a permanent trust fund of the state of North Dakota

and consists of moneys transferred or credited to the fund under this chapter and other

laws. Investment of the fund is the responsibility of the state treasurer who shall have

full authority to invest the fund only in accordance with chapter 21-10. All income

received from investments is to be utilized only for programs of benefit and service to

veterans or their dependents, and all income earned in a biennium is appropriated to

the administrative committee on veterans' affairs on a continuing basis in the following

biennium and not in the biennium the income is earned for expenditure on these

programs as authorized by law. Investment of all income received from investments is

the responsibility of the state treasurer who has full authority to invest the income

received only in accordance with chapter 21-10.

2. A veterans organization as defined under section 53-06.1-01 may donate funds to the

veterans' postwar trust fund for homeless veterans' services to prevent and eliminate

veteran homelessness.
N.D. Cent. Code § 37-07-06 — ND Code / Title 37 / Chapter 37-07 / Section 37-07-06
37-07-06. Discharge of enlisted person
Status: in_force

37-07-06. Discharge of enlisted person

An enlisted person discharged from service in the national guard, except when drafted into

the military service of the United States, shall receive a discharge in writing in such form and

with such classification as is or shall be prescribed for the regular army. In time of peace, a

discharge may be given prior to the expiration of the term of enlistment under such regulations

as the president may prescribe.
N.D. Cent. Code § 37-03-17 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-17
37-03-17. North Dakota adjutant general and disaster response coin - Presented by whom - Qualifications
Status: in_force

37-03-17. North Dakota adjutant general and disaster response coin - Presented by

whom - Qualifications.

The adjutant general may present an adjutant general coin to deserving individuals who

have distinguished themselves through exceptional service to the mission of the North Dakota

national guard or department of emergency services. The adjutant general may present a

disaster response coin to deserving individuals who have distinguished themselves through

exceptional service during times of disaster or emergency in the state.
N.D. Cent. Code § 37-17.1-14.1 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-14.1
37-17.1-14.1. Mutual aid - Cooperation
Status: in_force

37-17.1-14.1. Mutual aid - Cooperation

1. The division of homeland security and emergency management shall encourage and

assist political subdivisions to enter mutual aid agreements with other public and

private agencies within the state for reciprocal aid and assistance in responding to and

recovering from actual and potential disasters or emergencies.

2. In reviewing emergency operations plans and programs of political subdivisions, the

division of homeland security and emergency management shall consider whether the

plans and programs contain adequate provisions for mutual aid.

3. Local emergency management organizations may assist in negotiation of mutual aid

agreements between the governor and an adjoining state or province or a political

subdivision of a province and shall carry out arrangements of any such agreements

relating to the local political subdivision.
N.D. Cent. Code § 37-05-02 — ND Code / Title 37 / Chapter 37-05 / Section 37-05-02
37-05-02. Secretary of defense to pay allotment to property and disbursing officer - Amount
Status: in_force

37-05-02. Secretary of defense to pay allotment to property and disbursing officer -

Amount.

Upon requisition by the governor, the secretary of defense may pay to the property and

disbursing officer so much of this state's allotment out of the annual appropriation for the

support of the national guard of this state as in the judgment of the secretary of defense may be

necessary.
N.D. Cent. Code § 37-01-40 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-40
37-01-40. Veteran and wartime veteran defined - Uniform service dates for wartime veterans
Status: in_force

37-01-40. Veteran and wartime veteran defined - Uniform service dates for wartime

veterans.

1. A "veteran" is an individual who served on continuous federalized active uniformed

services duty for one hundred eighty days or the full period for which the individual

was called or ordered to active duty for reasons other than training, and who was

discharged or released under other than dishonorable conditions. A discharge

reflecting "expiration of term of service" or "completion of required service" or words to

that effect qualifies the shorter term of service as making the individual a veteran.

2. A "wartime veteran" is an individual who served in the active military forces, during a

period of armed conflict or who received the armed forces expeditionary or other

campaign service medal during an emergency condition and who was discharged or

released under other than dishonorable conditions. "Wartime veteran" also includes an

individual who died in the line of duty in the active military forces, as determined by the

armed forces.

3. Period of service dates for a wartime veteran begins with the date of any declaration of

war by the Congress of the United States or presidential proclamation beginning

hostilities or the beginning of an emergency condition recognized by the issuance of a

presidential proclamation or a presidential executive order and in which the armed

forces expeditionary medal or other campaign service medals are awarded according

to presidential executive order and ending on a date prescribed by presidential

proclamation or concurrent resolution of the Congress of the United States and dates

determined by the United States department of defense.

4. Current uniform period of service dates for periods of armed conflict include:

a. The period beginning December 7, 1941, through December 31, 1946, known as

World War II;

b. The period beginning June 27, 1950, through January 31, 1955, known as the

Korean war;

c. The period beginning August 5, 1964, through May 7, 1975, known as the

Vietnam war;

d. The period beginning August 2, 1990, through January 2, 1992, known as the gulf

war; and

e. The period beginning September 11, 2001, and ending on a date prescribed by

presidential proclamation or by Congress as the last day of operation Iraqi

freedom or operation enduring freedom, whichever occurs later.

5. The department of veterans' affairs shall maintain a list of all period of service dates for

emergency conditions in which the armed forces expeditionary medal has been

awarded.
N.D. Cent. Code § 37-03-05.1 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-05.1
37-03-05.1. Biennial report
Status: in_force

37-03-05.1. Biennial report

The adjutant general may submit a biennial report to the governor and the secretary of state

in accordance with section 54-06-04. If submitted, the report must include a detailed statement

of all the expenditures for military purposes during the preceding two fiscal years.
N.D. Cent. Code § 37-01-10.1 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-10.1
37-01-10.1. North Dakota legion of merit medal - Presented by whom - Qualifications - Regulations governing
Status: in_force

37-01-10.1. North Dakota legion of merit medal - Presented by whom - Qualifications -

Regulations governing.

The governor, in the name of the legislative assembly, may present a military medal known

as the "North Dakota legion of merit" to any member or former member of the North Dakota

national guard who, in the discharge of the person's military duty, has been distinguished by

outstanding service to the North Dakota national guard, and that person's community, state, and

nation. Such medal may also be awarded to a member or former member of the armed forces of

the United States or of the national guard of another state who performs outstanding service for

the guard of this state. The medal must bear a suitable inscription and must be of military design

as prescribed by the adjutant general. The medal must be awarded by the board of awards in

the same manner as prescribed in section 37-01-10.
N.D. Cent. Code § 37-07.1-02 — ND Code / Title 37 / Chapter 37-07.1 / Section 37-07.1-02
37-07.1-02. Definitions
Status: in_force

37-07.1-02. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "School" means any university, college, career and technical education school,

technical school, or postsecondary educational institution.

2. "State-controlled school" means any school which is controlled, financially supported,

and operated by the state, a school district, or any other political subdivision.

3. "Tuition" means the normal registration fee.
N.D. Cent. Code § 37-27-07 — ND Code / Title 37 / Chapter 37-27 / Section 37-27-07
37-27-07. Duty of adjutant general - Finality of decisions - Questions of residence subject to court review
Status: in_force

37-27-07. Duty of adjutant general - Finality of decisions - Questions of residence

subject to court review.

The adjutant general shall administer this chapter. The adjutant general shall prepare and

distribute application blanks and investigate all claims and applications filed. If the adjutant

general is satisfied of the proof of a claim and application, the adjutant general shall approve

and direct payment of the claim. The adjutant general may adopt any rules necessary to the

efficient administration of this chapter. The necessary documents used in the administration of

this chapter shall become a part of the permanent records of the office of the adjutant general.

The adjutant general may determine any claim in any case if doubt arises as to the eligibility of

an applicant to receive payment and the decision of the adjutant general in such case is final,

except on questions of residence which are subject to review by a court of competent

jurisdiction. The adjutant general shall authorize payment for prisoners of war upon their release

and return.
N.D. Cent. Code § 37-04.1-01 — ND Code / Title 37 / Chapter 37-04.1 / Section 37-04.1-01
37-04.1-01. Pay and allowances of national guard members - Deductions allowed
Status: in_force

37-04.1-01. Pay and allowances of national guard members - Deductions allowed

1. Each officer and enlisted member of the national guard, when called to state active

duty by the governor, is entitled to receive pay and allowances at the highest rate

provided for national guard members of the same grade in the national guard of the

United States, except any enlisted member serving in a grade below E-3 will be paid

the same as an enlisted member serving in the grade of E-3, and the daily pay rate for

each of the grades listed must be increased as follows:

a. E-3 - fifty-five percent.

b. E-4 - forty-five percent.

c. E-5 - thirty-five percent.

d. E-6 - twenty-five percent.

e. E-7 - fifteen percent.

f. E-8 - ten percent.

2. If ordered by the governor in response to an emergency management assistance

compact request and the requesting state pays state active duty pay at a higher rate

than this state, national guard officers and enlisted members may receive the higher

rate of pay when this state is reimbursed at the higher rate.

3. Each officer and enlisted member of the national guard is entitled to receive

transportation, shelter, and subsistence. The value of articles issued to any national

guard member and not returned in good order on demand, and all legal fines or

forfeitures, may be deducted from the member's pay.

4. Each officer and enlisted member of the national guard is entitled to receive a state

active duty pay enhancement of three hundred dollars for every month spent on state

active duty or a prorated amount for each day of state active duty up to three hundred

dollars per month.

5. Each officer and enlisted member of the national guard, when called to state active

duty by the governor, is entitled to receive the same incentive pay that an officer or

enlisted member of the same grade and rating would be eligible to receive if called to

active duty under federal authority in service of the United States, not to exceed the

monthly amount authorized for the incentive under federal law.

6. Commissioned officers and enlisted members serving on state active duty for more

than fourteen days may, at the discretion of their commanding officer, receive pay for

necessary rest and recovery while on duty if it is deemed necessary to ensure the

national guard members' readiness to perform assigned duties while on state active

duty.
N.D. Cent. Code § 37-18.1-02 — ND Code / Title 37 / Chapter 37-18.1 / Section 37-18.1-02
37-18.1-02. Chairman - Secretary - Duties - Terms - Meetings
Status: in_force

37-18.1-02. Chairman - Secretary - Duties - Terms - Meetings

A chairman and a secretary of the committee must be appointed by the governor from

among the voting membership of the committee. Such appointment must be made annually,

with the term of office to begin on the first day of July of the year specified and to end on the

thirtieth day of June of the following year. Meetings of the committee must be held upon the call

of the chairman, at such times and places as may be selected by the chairman, and upon due

notice to committee members by the secretary. Meetings must also be called by the chairman

upon the written request of any four voting members of the committee. A majority of the

members of the committee is required for a quorum, and a majority of the members present

voting in favor thereof is required for any action.
N.D. Cent. Code § 37-17.1-19 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-19
37-17.1-19. Temporary housing for disaster victims and site acquisition and preparation
Status: in_force

37-17.1-19. Temporary housing for disaster victims and site acquisition and

preparation.

The governor is authorized to enter into such agreements and execute such assurances on

behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster

or emergency, a program of temporary housing for disaster victims adversely affected by a

disaster or emergency. The governor is authorized:

1. To receive temporary housing units to be occupied by disaster or emergency victims

from any agency of the United States and to make such units available to any county

or city of the state.

2. To assist any county or city of this state which is the site of temporary housing for

disaster or emergency victims, to acquire and to prepare sites necessary for such

temporary housing, and to "pass through" funds made available by any agency, public

or private.

Any county or city of this state is expressly authorized to acquire, temporarily or

permanently, by purchase, lease, or otherwise, sites required for installation of temporary

housing units for disaster or emergency victims and to enter into whatever arrangements,

including purchase of temporary housing units and payment of transportation charges, which

are necessary to prepare or equip such sites to utilize the housing units.

The governor shall establish guidelines necessary to carry out the purposes of sections

37-17.1-19, 37-17.1-20, and 37-17.1-21.
N.D. Cent. Code § 37-17.1-05 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-05
37-17.1-05. The governor and disasters or emergencies - Penalty
Status: in_force

37-17.1-05. The governor and disasters or emergencies - Penalty

1. The governor is responsible to minimize or avert the adverse effects of a disaster or

emergency.

2. Under this chapter, the governor may issue executive orders and proclamations, and

amend or rescind them. Executive orders, proclamations, and regulations have the

force of law.

3. A disaster or emergency must be declared by executive order or proclamation of the

governor if the governor determines a disaster has occurred or a state of emergency

exists.

a. Except as provided in subdivision b, the state of disaster or emergency continues

until the governor determines the threat of an emergency has passed or the

governor determines the disaster has been dealt with to the extent emergency

conditions no longer exist, whichever occurs first.

b. If a state of disaster or emergency relating to public health is declared and in

effect and the legislative assembly is not in session, the legislative management

may meet to vote on whether the legislative management should request the

governor call a special session of the legislative assembly. If the governor does

not call a special session within seven days after the legislative management

sends a request to the governor, the declared state of disaster or emergency

relating to public health terminates thirty days after the request from the

legislative management was sent to the governor. If the governor calls a special

session within seven days after the request from the legislative management was

sent, the special session must be held within fifteen days of the governor's call for

a special session. If the legislative assembly meets to address a declared state of

disaster or emergency, the legislative assembly by concurrent resolution may

terminate, extend, or modify the state of disaster or emergency.

c. The legislative assembly by concurrent resolution may terminate a state of

disaster or emergency at any time.

d. All executive orders or proclamations issued under this subsection must indicate

the nature of the disaster or emergency, the area or areas threatened, the

conditions that have brought it about or which make possible termination of the

state of disaster or emergency. An executive order or proclamation must be

disseminated promptly by means calculated to bring its contents to the attention

of the general public, unless the circumstances attendant upon the disaster or

emergency prevent or impede such dissemination, and it must be filed promptly

with the department of emergency services, the legislative council, the secretary

of state, and the county or city auditor of the jurisdictions affected.

4. An executive order or proclamation of a state of disaster or emergency shall activate

the state and local operational plans applicable to the political subdivision or area in

question and be authority for the deployment and use of any forces to which the plan

or plans apply and for use or distribution of any supplies, equipment, and materials

and facilities assembled, stockpiled, or arranged to be made available pursuant to this

chapter or any other provision of law relating to a disaster or emergency.

5. During the continuance of any state of disaster or emergency declared by the

governor, the governor is commander in chief of the emergency management

organization and of all other forces available for emergency duty. To the greatest

extent practicable, the governor shall delegate or assign command authority by prior

arrangement embodied in appropriate executive orders or emergency operational

plans, but nothing herein restricts the governor's authority to do so by orders issued at

the time of the disaster or emergency.

6. In addition to any other powers conferred upon the governor by law, the governor may:

a. Suspend the provisions of any regulatory statute prescribing the procedures for

conduct of state business, or the orders, rules, or regulations of any state agency,

if strict compliance with the provisions of any statute, order, rule, or regulation

would in any way prevent, hinder, or delay necessary action in managing a

disaster or emergency.

b. Utilize all available resources of the state government as reasonably necessary to

manage the disaster or emergency and of each political subdivision of the state.

c. Transfer the direction, personnel, or functions of state departments and agencies

or units thereof for the purpose of performing or facilitating emergency

management activities.

d. Subject to any applicable requirements for compensation under section

37-17.1-12, commandeer or utilize any private property if the governor finds this

necessary to manage the disaster or emergency.

e. Direct and compel the evacuation of all or part of the population from any stricken

or threatened area within the state if the governor deems this action necessary

for the preservation of life or other disaster or emergency mitigation, response, or

recovery.

f. Prescribe routes, modes of transportation, and destinations in connection with an

evacuation.

g. Control ingress and egress in a designated disaster or emergency area, the

movement of persons within the area, and the occupancy of premises therein.

h. Suspend or limit the sale, dispensing, or transportation of explosives and

combustibles, not including ammunition.

i. Make provision for the availability and use of temporary emergency housing.

j. Make provisions for the control, allocation, and the use of quotas for critical

shortages of fuel or other life and property sustaining commodities.

k. Designate members of the highway patrol, North Dakota national guard, or others

trained in law enforcement, as peace officers.

7. Notwithstanding subsection 3, if a state of disaster or emergency relating to public

health is declared and in effect, the governor may not issue an executive order under

this section unless the executive order specifically addresses the mitigation of the

declared state of disaster or emergency relating to public health.

8. Any person who willfully violates any provision of an executive order or proclamation

issued by the governor pursuant to this chapter is guilty of an infraction.

9. The governor may authorize the adjutant general to recall to state active duty, on a

volunteer basis, former members of the North Dakota national guard. Those recalled

must possess the qualifications required by the disaster or emergency. Recall under

this subsection is effective only for the duration of the disaster or emergency and

recalled personnel will be released from state active duty upon competent authority

that the requirement of their service under this subsection has passed. Compensation

for personnel recalled under this subsection will be based upon section 37-04.1-01.

10. Notwithstanding any other provision of law, an order, proclamation, rule, or regulation

issued pursuant to this section may not:

a. Substantially burden a person's exercise of religion unless the order is in

furtherance of a compelling governmental interest and is the least restrictive

means of furthering that compelling governmental interest;

b. Treat religious conduct more restrictively than any secular conduct of reasonably

comparable risk, unless the government demonstrates through clear and

convincing scientific evidence that a particular religious activity poses an

extraordinary health risk; or

c. Treat religious conduct more restrictively than comparable secular conduct

because of alleged economic need or benefit.

11. A person claiming to be aggrieved by a violation of subsection 10 may assert that

violation as a claim or defense in a judicial proceeding and obtain appropriate relief,

including costs and reasonable attorney's fees.

12. The governor may not issue an executive order that suspends or amends a provision

in a statute, order, or rule relating to a state or local requirement regarding minimum

number of physical polling places.
N.D. Cent. Code § 37-05-03 — ND Code / Title 37 / Chapter 37-05 / Section 37-05-03
37-05-03. Accounts, returns, and reports made by property and disbursing officer
Status: in_force

37-05-03. Accounts, returns, and reports made by property and disbursing officer

The property and disbursing officer shall render through the defense department such

accounts of federal funds entrusted to that officer for disbursement as may be required by the

treasury department of the United States. The property and disbursing officer shall receipt and

be accountable for all funds and property belonging to the United States in possession of this

state and shall make such returns and reports concerning the same as may be required by the

secretary of defense.
N.D. Cent. Code § 37-18-08 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-08
37-18-08. Office of commissioner - Where located
Status: in_force

37-18-08. 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 must be located in the state capitol.
N.D. Cent. Code § 37-17.4-03 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-03
37-17.4-03. Regulation of services during emergencies
Status: in_force

37-17.4-03. Regulation of services during emergencies

1. During an emergency, the department of health and human services or the state board

of animal health may limit, restrict, or otherwise regulate:

a. The duration of practice by volunteer health practitioners;

b. The geographical areas in which volunteer health practitioners may practice;

c. The types of volunteer health practitioners who may practice; and

d. Any other matters necessary to coordinate effectively the provision of health or

veterinary services during the emergency.

2. An order issued under subsection 1 may take effect immediately, without prior notice

or comment, and is not a rule within the meaning of chapter 28-32.

3. A host entity that uses volunteer health practitioners to provide health or veterinary

services in this state shall:

a. Consult and coordinate its activities with the department of health and human

services or the state board of animal health to the extent practicable to provide for

the efficient and effective use of volunteer health practitioners; and

b. Comply with any laws other than this chapter relating to the management of

emergency health or veterinary services, including chapters 23-27 and 43-29.
N.D. Cent. Code § 37-01-21 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-21
37-01-21. Military parades by certain bodies prohibited - Exceptions - Penalty
Status: in_force

37-01-21. Military parades by certain bodies prohibited - Exceptions - Penalty

No body of people, other than the regularly organized units of the national guard and militia

and the troops of the United States, may associate themselves together as a military company

or organization or parade in public with firearms, and no municipality may raise or appropriate

any money toward arming or equipping, uniforming or in any other way supporting, sustaining,

or providing drillrooms or armories for, any such body of people. Associations wholly composed

of soldiers honorably discharged from the service of the United States and members of the

order of sons of veterans may parade in public with firearms on Decoration Day, upon the

reception of any regiment or company of soldiers returning from service, or for the purpose of

escort duty at the burial of deceased soldiers. Students in educational institutions where military

science is a prescribed part of the course of instruction, with the consent of the governor, may

drill and parade with firearms in public under the superintendence of their teachers. This section

does not prevent any organization authorized to do so by law from parading with firearms nor

prevent parades by the national guard of other states. Any person violating any provision of this

section is guilty of a class B misdemeanor.
N.D. Cent. Code § 37-01-34 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-34
37-01-34. Recordation of discharge papers
Status: in_force

37-01-34. Recordation of discharge papers

An individual discharged from any branch of the armed forces of the United States may

record, without payment of any fee, that individual's discharge from the armed forces, a

certificate issued in lieu of the discharge, duly authenticated and certified copies of the

discharge or certificate, or duly certified records of that individual's service and discharge from

the armed forces in the office of the recorder of the county in which that individual resides,

unless the board of county commissioners designates a different official. Any discharge

document recorded by the recorder, or designated official, may be made available only to the

following persons: the veteran, the parents, the veteran's next of kin, the veteran's legal

representative, a county veterans' service officer, a veterans' organization service officer, the

department of veterans' affairs, or a designee of the veteran.
N.D. Cent. Code § 37-17.2-01 — ND Code / Title 37 / Chapter 37-17.2 / Section 37-17.2-01
37-17.2-01. Ratification of compact
Status: in_force

37-17.2-01. Ratification of compact

The national guard mutual assistance counter-drug activities compact is hereby enacted

into law and entered into by this state, with all other states legally joining therein, in the form

substantially as follows:

The contracting states solemnly agree that:

ARTICLE I - PURPOSE

The purposes of this compact are to:

1. Provide for mutual assistance and support among the party states in the utilization of

the national guard in drug interdiction, counter-drug, and demand reduction activities.

2. Permit the national guard of this state to enter into mutual assistance and support

agreements, on the basis of need, with one or more law enforcement agencies

operating within this state, for activities within this state, or with a national guard of one

or more other states, whether said activities are within or without this state in order to

facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug

interdiction, counter-drug activities, and demand reduction.

3. Permit the national guard of this state to act as a receiving and a responding state as

defined within this compact and to ensure the prompt and effective delivery of national

guard personnel, assets, and services to agencies or areas that are in need of

increased support and presence.

4. Permit and encourage a high degree of flexibility in the deployment of national guard

forces in the interest of efficiency.

5. Maximize the effectiveness of the national guard in those situations which call for its

utilization under this compact.

6. Provide protection for the rights of national guard personnel when performing duty in

other states in counter-drug activities.

7. Ensure uniformity of state laws in the area of national guard involvement in interstate

counter-drug activities by incorporating said uniform laws within the compact.

ARTICLE II - ENTRY INTO FORCE AND WITHDRAWAL

1. This compact enters into force when enacted into law by any two states. Thereafter,

this compact becomes effective as to any other state upon its enactment thereof.

2. Any party state may withdraw from this compact by enacting a statute repealing the

same.

ARTICLE III - MUTUAL ASSISTANCE AND SUPPORT

1. As used in this article:

a. "Demand reduction" means providing available national guard personnel,

equipment, support, and coordination to federal, state, local, and civic

organizations, institutions, and agencies for the purposes of the prevention of

drug abuse and the reduction in the demand for illegal drugs.

b. "Drug interdiction and counter-drug activities" means the use of national guard

personnel, while not in federal service, in any law enforcement support activities

that are intended to reduce the supply or use of illegal drugs in the United States.

These activities are restricted to:

(1) Providing information obtained during either the normal course of military

training operations or during counter-drug activities, to federal, state, or local

law enforcement officials that may be relevant to a violation of any federal or

state law within the jurisdiction of such officials;

(2) Making available any equipment including associated supplies or spare

parts, base facilities, or research facilities of the national guard to any

federal, state, or local civilian law enforcement official for law enforcement

purposes, in accordance with other applicable law or regulation;

(3) Providing available national guard personnel to train federal, state, or local

civilian law enforcement in the operation and maintenance of equipment,

including equipment made available above, in accordance with other

applicable law;

(4) Providing available national guard personnel to operate and maintain

equipment provided to federal, state, or local law enforcement officials

pursuant to activities defined and referred to in this compact;

(5) Operation and maintenance of equipment and facilities of the national guard

or law enforcement agencies used for the purposes of drug interdiction and

counter-drug activities;

(6) Providing available national guard personnel to operate equipment for the

detection, monitoring, and communication of the movement of air, land, and

sea traffic, to facilitate communications in connection with law enforcement

programs, to provide transportation for civilian law enforcement personnel,

and to operate bases of operations for civilian law enforcement personnel;

(7) Providing available national guard personnel, equipment, and support for

administrative, interpretive, or analytic purposes; and

(8) Providing available national guard personnel and equipment to aid federal,

state, and local officials and agencies otherwise involved in the prosecution

of individuals processed within the criminal justice system who have been

arrested for criminal acts involving the use, distribution, or transportation of

controlled substances as defined in 21 U.S.C. 801 et seq. or otherwise by

law, in accordance with other applicable law.

c. "Law enforcement agency" means a lawfully established federal, state, or local

public agency that is responsible for the prevention and detection of crime and

the enforcement of penal, traffic, regulatory, game, immigration, postal, customs,

or controlled substances laws.

d. "Mutual assistance and support agreement" or "agreement" means an agreement

between the national guard of this state and one or more law enforcement

agencies or between the national guard of this state and the national guard of

one or more other states, consistent with the purposes of this compact.

e. "Official" means the appointed, elected, designated, or otherwise duly selected

representative of an agency, institution, or organization authorized to conduct

those activities for which support is requested.

f. "Party state" refers to a state that has lawfully enacted this compact.

g. "Requesting state" means that state whose governor requested assistance in the

area of counter-drug activities.

h. "Responding state" means the state furnishing assistance, or requested to furnish

assistance, in the area of counter-drug activities.

i. "State" means each of the several states of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the

United States.

2. Upon the request of a governor of a party state for assistance in the area of drug

interdiction, counter-drug, and demand reduction activities, the governor of a

responding state has authority under this compact to send without the borders of the

governor's state and place under the temporary operational control of the appropriate

national guard or other military authorities of the requesting state, for the purposes of

providing such requested assistance, all or any part of the national guard forces of the

governor's state as the governor may deem necessary, and the exercise of the

governor's discretion in this regard is conclusive.

3. The governor of a party state, within the governor's discretion, may withhold the

national guard forces of the governor's state from such use and recall any forces or

part or member thereof previously deployed in a requesting state.

4. The national guard of this state is hereby authorized to engage in counter-drug

activities and demand reduction.

5. The adjutant general of this state, in order to further the purposes of this compact, may

enter into a mutual assistance and support agreement with one or more law

enforcement agencies of this state, including federal law enforcement agencies

operating within this state, or with the national guard of one or more other party states

to provide personnel, assets, and services in the area of counter-drug activities, and

demand reduction provided that all parties to the agreement are not specifically

prohibited by law to perform said activities.

6. The agreement must set forth the powers, rights, and obligations of the parties to the

agreement, where applicable, as follows:

a. Its duration;

b. The organization, composition, and nature of any separate legal entity created

thereby;

c. The purpose of the agreement;

d. The manner of financing the agreement and establishing and maintaining its

budget;

e. The method to be employed in accomplishing the partial or complete termination

of the agreement and for disposing of property upon such partial or complete

termination;

f. Provision for administering the agreement, which may include creation of a joint

board responsible for such administration;

g. The matter of acquiring, holding, and disposing of real and personal property

used in this agreement, if necessary;

h. The minimum standard for national guard personnel implementing the provisions

of the agreement;

i. The minimum insurance required of each party to the agreement, if necessary;

j. The chain of command or delegation of authority to be followed by national guard

personnel acting under the provisions of the agreement;

k. The duties and authority that the national guard personnel of each party state

may exercise; and

l. Any other necessary and proper matters.

Agreements prepared under the provisions of this statute are exempt from any state

law pertaining to intergovernmental agreements except an agreement with a tribal

government.

7. As a condition precedent to an agreement becoming effective under this part, the

agreement must be submitted to and receive the approval of the attorney general of

North Dakota. The attorney general may delegate in writing approval authority to an

assistant attorney general or a North Dakota national guard judge advocate.

a. The attorney general or the attorney general's designee shall approve an

agreement submitted under this part unless that person finds that it is not in

proper form, does not meet the requirements set forth in this part, or otherwise

does not conform to the laws of North Dakota. If the attorney general or the

attorney general's designee disapproves an agreement, that person shall provide

a written explanation to the adjutant general.

b. If the attorney general or the attorney general's designee does not disapprove an

agreement within thirty days after its submission, it is considered approved by the

attorney general.

8. Whenever national guard forces of any party state are engaged in the performance of

duties, in the area of drug interdiction, counter-drug, and demand reduction activities,

pursuant to orders, section 37-01-12 applies.

ARTICLE IV - RESPONSIBILITIES

1. Nothing in this compact may be construed as a waiver of any benefits, privileges,

immunities, or rights otherwise provided for national guard personnel performing duty

pursuant to title 32 of the United States Code nor may anything in this compact be

construed as a waiver of coverage provided for under the Federal Torts Claims Act. In

the event that national guard personnel performing counter-drug activities do not

receive rights, benefits, privileges, and immunities otherwise provided for national

guard personnel as stated above, the following provisions apply:

a. Whenever national guard forces of any responding state are engaged in another

state in carrying out the purposes of this compact, the members thereof so

engaged have the same powers, duties, rights, privileges, and immunities as

members of national guard forces of the requesting state. The requesting state

shall save and hold members of the national guard forces of responding states

harmless from civil liability, except as otherwise provided herein, for acts or

omissions which occur in the performance of their duty while engaged in carrying

out the purposes of this compact, whether responding forces are serving the

requesting state within the borders of the requesting state or are attached to the

requesting state for the purposes of operational control.

b. Subject to the provisions of subdivisions c, d, and e, all liability that may arise

under the laws of the requesting state or the responding states, on account of or

in connection with a request for assistance or support must be assumed and

borne by the requesting state.

c. Any responding state rendering aid or assistance pursuant to this compact must

be reimbursed by the requesting state for any loss or damage to, or expense

incurred in the operation of any equipment answering a request for aid, and for

the cost of the materials, transportation, and maintenance of national guard

personnel and equipment incurred in connection with such request, provided that

nothing herein contained shall prevent any responding state from assuming such

loss, damage, expense, or other cost.

d. Unless there is a written agreement to the contrary, each party shall provide, in

the same amounts and manner as if they were on duty within their state, for pay

and allowances of the personnel of its national guard units while engaged without

the state pursuant to this compact and while going to and returning from such

duty pursuant to this compact.

e. Each party state providing for the payment of compensation and death benefits to

injured members and the representatives of deceased members of its national

guard forces in case such members sustain injuries or are killed within their own

state, shall provide for the payment of compensation and death benefits in the

same manner and on the same terms in the event such members sustain injury

or are killed while rendering assistance or support pursuant to this compact. Such

benefits and compensation must be deemed items of expense reimbursable

pursuant to subdivision c.

2. Officers and enlisted personnel of the national guard performing duties subject to

proper orders pursuant to this compact are subject to and governed by the provisions

of their home state code of military justice whether they are performing duties within or

without their home state. In the event that any national guard member commits, or is

suspected of committing, a criminal offense while performing duties pursuant to this

compact without that member's home state, that member may be returned immediately

to that member's home state and said home state is responsible for any disciplinary

action to be taken. However, nothing in this section abrogates the general criminal

jurisdiction of the state in which the offense occurred.

ARTICLE V - DELEGATION

Nothing in this compact may be construed to prevent the governor of a party state from

delegating any of the governor's responsibilities or authority respecting the national guard;

provided, that such delegation is otherwise in accordance with law. For purposes of this

compact, however, the governor may not delegate the power to request assistance from another

state.

ARTICLE VI - LIMITATIONS

Nothing in the compact:

1. Authorizes or permits national guard units or personnel to be placed under the

operational control of any person not having the national guard rank or status required

by law for the command in question.

2. Deprives a properly convened court of jurisdiction over an offense or a defendant

merely because of the fact that the national guard, while performing duties pursuant to

this compact, was utilized in achieving an arrest or indictment.
N.D. Cent. Code § 37-03-07 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-07
37-03-07. Military property - Issuance - Purchase
Status: in_force

37-03-07. Military property - Issuance - Purchase

The adjutant general shall issue, or cause to be issued, all military property. No military

property may be issued to persons or organizations other than those belonging to the national

guard of this state or to such portions of the reserve militia as may be called out by the

governor. Purchases of property must be by the office of management and budget or as

otherwise provided by law. In case of insurrection, invasion, tumult, riot, or breaches of the

peace, or of imminent danger thereof, or other exigency, the governor, upon the certificate of the

commanding officer of the national guard, may suspend temporarily the operation of this section

and direct the adjutant general to purchase in the open market such military property as may be

required. The adjutant general shall report such action, with the reason therefor, and a

statement of the property purchased and the prices paid therefor, to the legislative assembly at

its next session.
N.D. Cent. Code § 37-01-36 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-36
37-01-36. Certified copy of record furnished veteran without charge
Status: in_force

37-01-36. Certified copy of record furnished veteran without charge

If a copy of any public record is required by any veteran or a veteran's guardian, dependent,

or representative in connection with an application for benefits made available by federal or

state laws, the official charged with the custody of such public record, without charge, shall

provide a certified copy of such record upon request. This section is subject to the restrictions

provided for in section 37-01-34.
N.D. Cent. Code § 37-17.1-10.1 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-10.1
37-17.1-10.1. Burn restrictions - Penalty
Status: in_force

37-17.1-10.1. Burn restrictions - Penalty

An order or proclamation under section 37-17.1-10 which includes a restriction on open

burning may provide for a penalty for a violation of the restriction through a citation, a criminal

complaint, or an information through the district court in the county in which the offense

occurred. An individual who willfully violates a burning restriction established by a local order or

proclamation under this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 37-14-19 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-19
37-14-19. Salary and expenses of county veterans' service officer
Status: in_force

37-14-19. Salary and expenses of county veterans' service officer

The county veterans' service officer must be paid such monthly salary for full-time or

part-time work as the board of county commissioners deems commensurate with the needs of

the situation, together with actual living expenses when absent from the officer's established

office upon official business in an amount not exceeding that allowed to state officials, upon

itemized statements submitted by the officer and supported by subvouchers or receipts as

provided by section 21-05-01 and the officer's actual transportation expenses, which may not

exceed the amounts provided by section 54-06-09, and must be in itemized form showing the

mileage traveled, the days when and how traveled, and the purpose thereof, verified by the

officer's affidavit and supported by subvouchers or receipts as provided by section 21-05-01.
N.D. Cent. Code § 37-07-04 — ND Code / Title 37 / Chapter 37-07 / Section 37-07-04
37-07-04. Transfers of enlisted men
Status: in_force

37-07-04. Transfers of enlisted men

Enlisted members of the national guard removing from one location to another in this state

may be transferred from one unit to another within the same organization upon

recommendations of the respective unit commanders concerned and approval of the

commanding officer of the organization. Transfers between organizations will be made only

upon the approval of the adjutant general.
N.D. Cent. Code § 37-01-08 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-08
37-01-08. Proclamation of state of insurrection - Governor may proclaim
Status: in_force

37-01-08. Proclamation of state of insurrection - Governor may proclaim

If any portion of the militia is employed in aid of the civil authority, the governor, if in the

governor's judgment the maintenance of law and order will be promoted thereby, may declare

by proclamation the county or city in which the troops are serving, or any specified portion

thereof, to be in a state of insurrection.
N.D. Cent. Code § 37-28-01 — ND Code / Title 37 / Chapter 37-28 / Section 37-28-01
37-28-01. Statement of public purpose
Status: in_force

37-28-01. Statement of public purpose

In order to ease the financial hardships and personal and family sacrifice sustained by

members of the North Dakota national guard, and North Dakota residents of the reserve, and

active duty component who were mobilized after December 5, 1992, in support of military

operations around the world it is the intent of the legislative assembly that additional

compensation be provided to those resident veterans of North Dakota and payment of that

compensation is declared to be a public purpose. It is the further intent of the legislative

assembly to encourage those North Dakota resident veterans to continue their voluntary

membership in the national guard, reserve component, and active military force.
N.D. Cent. Code § 37-28-07 — ND Code / Title 37 / Chapter 37-28 / Section 37-28-07
37-28-07. Payments exempt from taxation and from execution - Assignments void - Debts to state and political subdivisions not deducted
Status: in_force

37-28-07. Payments exempt from taxation and from execution - Assignments void -

Debts to state and political subdivisions not deducted.

Payments under this chapter are exempt from all state and local taxes, including taxes

determined under section 57-38-30.3, and from levy, garnishment, attachment, and sale on

execution. Any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in

any claim or payment under this chapter is void and payment to the veteran may not be denied

because of any sums owed to the state or any political subdivisions, except as provided in

section 37-26-05.
N.D. Cent. Code § 37-02-01 — ND Code / Title 37 / Chapter 37-02 / Section 37-02-01
37-02-01. Militia - How constituted - Exceptions
Status: in_force

37-02-01. Militia - How constituted - Exceptions

All able-bodied male citizens and all able-bodied males of foreign birth who have declared

an intention to become citizens, who are between the ages of eighteen and forty-five years and

who are residents of this state, and other volunteers allowed by law constitute the militia unless

exempted by the laws of the United States or by the laws of this state.
N.D. Cent. Code § 37-01-06 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-06
37-01-06. Seizure of property by governor to avert strike or lockout and to avert disaster or calamity
Status: in_force

37-01-06. Seizure of property by governor to avert strike or lockout and to avert

disaster or calamity.

The governor, as commander in chief of the military forces of this state, may take any

measure necessary to prevent or avert any impending disaster or calamity which threatens to

destroy life or property in this state, or which may entail loss of life or property, or result in great

suffering or hardship among the people of this state. In the event of any strike or lockout, or

threatened strike or lockout, of the employees of any coal mine or public utility which threatens

to endanger the life and property of the people of this state, the governor may commandeer and

take for use during any such emergency any such coal mine or public utility together with the

machinery, equipment, and appurtenances of any such mine or utility which may be necessary

to save life and property. The governor may employ all help necessary for the operation of any

such coal mine or public utility and may make and enter into all contracts required for the

operation thereof. The governor may purchase any and all material necessary for operating any

such coal mine or public utility and may sell and distribute the products or services thereof.
N.D. Cent. Code § 37-04-07 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-07
37-04-07. Responsibility for efficiency
Status: in_force

37-04-07. Responsibility for efficiency

The officer commanding the national guard may cause those under that officer's command

to perform any military duty, and that officer is responsible to the governor for the general

efficiency of the national guard and for the drill, instruction, small arms and artillery practice,

movements, operations, and care of the troops. Commanding officers of organizations are

responsible to their immediate commanders for the equipment, drill, instruction, movements,

and efficiency of their respective commands. All commissioned officers and enlisted personnel

are responsible to their immediate commanding officers for prompt and unhesitating obedience,

proper drill, and the preservation and proper use of the property of this state or of the

organization which is in their possession.
N.D. Cent. Code § 37-07.3-03 — ND Code / Title 37 / Chapter 37-07.3 / Section 37-07.3-03
37-07.3-03. Trust fund use
Status: in_force

37-07.3-03. Trust fund use

The principal, interest, and income from the national guard training area and facility

development trust fund must be used by the adjutant general solely for training area acquisition

and facility development; provided the principal, and any interest and income which the fund

accrues from July 1, 2019, through June 30, 2029, must be used solely for the acquisition or

lease of land for national guard training purposes at Camp Gilbert C. Grafton training center and

the expenditure, in conjunction with federal matching funds, for the construction of new national

guard armories.
N.D. Cent. Code § 37-03-15 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-15
37-03-15. Training facility designated
Status: in_force

37-03-15. Training facility designated

The training facility located at Camp Grafton (South) is to remain a part of the overall Camp

Grafton training complex but is designated as the Major General C. Emerson Murry regional live

fire and maneuver training center.
N.D. Cent. Code § 37-01-31 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-31
37-01-31. Honorably discharged veterans preferred for appointment to state or municipal offices - Physical defects not to disqualify
Status: repealed

37-01-31. Honorably discharged veterans preferred for appointment to state or

municipal offices - Physical defects not to disqualify.

Repealed by S.L. 1973, ch. 282, § 3.
N.D. Cent. Code § 37-28-09 — ND Code / Title 37 / Chapter 37-28 / Section 37-28-09
37-28-09. Penalty for false statement
Status: in_force

37-28-09. Penalty for false statement

Any person who willfully makes a false statement in the application for benefits under

section 37-28-05 is guilty of a class A misdemeanor.
N.D. Cent. Code § 37-12.1-03 — ND Code / Title 37 / Chapter 37-12.1 / Section 37-12.1-03
37-12.1-03. Governor to adopt rules governing a state defense force
Status: in_force

37-12.1-03. Governor to adopt rules governing a state defense force

If the governor establishes a state defense force, the governor shall adopt rules governing,

among other things, the appointment of officers, enlistments, organization of units, equipment,

administration, training, pay, and discipline. The rules must, to the extent practicable, conform to

the rules governing the North Dakota national guard. The provisions of chapter 28-32 do not

apply to the rules required by this chapter.
N.D. Cent. Code § 37-04-14 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-14
37-04-14. Resignation of commissioned officers
Status: in_force

37-04-14. Resignation of commissioned officers

Commissioned officers may resign in such manner and under such circumstances as may

be prescribed by federal regulations.
N.D. Cent. Code § 37-18-12 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-12
37-18-12. Funding authority - Continuing appropriation
Status: in_force

37-18-12. Funding authority - Continuing appropriation

1. Except as otherwise provided by subsection 2, the department of veterans' affairs may

accept and expend funds from any source, including federal or private sources, to be

used to assist veterans or qualified veterans' spouses in obtaining assistance and to

pay other expenses authorized by law incurred in carrying out programs of benefit and

service for resident North Dakota veterans as authorized by the governor with the

approval of the emergency commission.

2. The department of veterans' affairs may apply for, accept, and receive any private

donation, gift, grant, or bequest that is offered or tendered with a specifically identified

purpose or a restrictive condition and which is related to a benefit or service for

resident North Dakota veterans.

a. The department shall administer and expend any private donation, gift, grant, or

bequest in accordance with the purpose or condition imposed by the donor.

b. All moneys received or accepted under this subsection are appropriated on a

continuing basis to the department of veterans' affairs in accordance with the

donor's instructions.

3. All interest earnings from the veterans' postwar trust fund received by the department

of veterans' affairs from the administrative committee on veterans' affairs are

appropriated to the department on a continuing basis.
N.D. Cent. Code § 37-03-10 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-10
37-03-10. Adjutant general to request names of officers at educational institutions qualified to act as officers
Status: repealed

37-03-10. Adjutant general to request names of officers at educational institutions

qualified to act as officers.

Repealed by S.L. 1953, ch. 223, § 9.