N.D. Cent. Code § 37-27-01 — ND Code / Title 37 / Chapter 37-27 / Section 37-27-01
37-27-01. Definitions
Status: in_force

37-27-01. 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 spouse 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 representation;

c. The surviving person standing in loco parentis; or

d. The surviving parent or parents.

3. "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.

4. "Period of service" means:

a. For the Persian Gulf War, the period of time beginning August 2, 1990, and

ending June 30, 1993;

b. For the Grenada armed conflict, the period of time beginning October 23, 1983,

and ending November 21, 1983;

c. For the Lebanon armed conflict, the period of time beginning June 1, 1983, and

ending August 1, 1984; or

d. For the Panama armed conflict, the period of time beginning December 20, 1989,

and ending January 30, 1990.

5. "Qualifying service" means service by a veteran during a period of service anywhere in

a theatre or area of armed conflict as evidenced by award of an armed forces

expeditionary medal or other campaign service medal.

6. "Resident" means a person who has filed a resident North Dakota income tax return

for the year prior to May 3, 1993, and who:

a. Was born in and lived in North Dakota until entrance into the armed forces of the

United States;

b. Was born in, but was temporarily living outside North Dakota, not having

abandoned North Dakota residence at the time of entrance into the armed forces

of the United States;

c. Was born elsewhere but had resided in North Dakota for the last twelve months

before entrance into military service and had prior to or during that twelve-month

period:

(1) Voted in North Dakota;

(2) Was an emancipated minor during the 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; or

d. Was a bona fide resident 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 for a period of seven years or more, immediately prior to the

qualifying period of service, and has not established actual abode in North

Dakota prior to May 3, 1993.

7. "Theatre or area of armed conflict" means any area the president designated a combat

zone by executive order for the Persian Gulf War or the Grenada, Lebanon, or

Panama armed conflicts.

8. "Veteran" means a member of the regular active duty armed forces of the United

States who performed honorable and faithful service at any time during a period of

service in the theatre or area of armed conflict, who was a resident of North Dakota,

and who has not received a bonus or adjusted compensation from another state for

the same period of service.
N.D. Cent. Code § 37-10-03.5 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-03.5
37-10-03.5. National guard facilities - Maintenance and repair board
Status: repealed

37-10-03.5. National guard facilities - Maintenance and repair board

Repealed by S.L. 2003, ch. 298, § 1.
N.D. Cent. Code § 37-17.4-01 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-01
37-17.4-01. Definitions
Status: in_force

37-17.4-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Disaster relief organization" means an entity that provides emergency or disaster

relief services that include health or veterinary services provided by volunteer health

practitioners and which:

a. Is designated or recognized as a provider of those services pursuant to a disaster

response and recovery plan adopted by an agency of the federal government, the

department of health and human services, or the state board of animal health; or

b. Regularly plans and conducts its activities in coordination with an agency of the

federal government, the department of health and human services, or the state

board of animal health.

2. "Emergency" means an event or condition that is a disaster or an emergency as

defined under chapter 37-17.1 and any event, condition, or incident for which the

deployment of volunteer health practitioners is determined to be necessary by the

department of health and human services, a local board of health, or the state

veterinarian.

3. "Emergency declaration" means a declaration or proclamation of disaster or

emergency issued by the governor.

4. "Emergency management assistance compact" means the interstate compact

approved by Congress by Public Law No. 104-321 [110 Stat. 3877].

5. "Entity" means a person other than an individual.

6. "Health facility" means an entity licensed under the laws of this or another state to

provide health or veterinary services.

7. "Health practitioner" means an individual licensed under the laws of this or another

state to provide health or veterinary services and any other individual performing

nonmedical support disaster or emergency responsibilities or duties at any place in

this state subject to the order or control of, or pursuant to a request of, the department

of health and human services or a local public health unit and deployed through the

emergency system for advance registration of volunteer health professionals.

8. "Health services" means the provision of treatment, care, advice or guidance, or other

services, or supplies related to the health or death of individuals or human populations,

to the extent necessary to respond to an emergency, including:

a. The following, concerning the physical or mental condition or functional status of

an individual or affecting the structure or function of the body:

(1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative

care; and

(2) Counseling, assessment, procedures, or other services;

b. Sale or dispensing of a drug, a device, equipment, or another item to an

individual in accordance with a prescription; and

c. Funeral, cremation, cemetery, or other mortuary services.

9. "Host entity" means an entity operating in this state which uses volunteer health

practitioners to respond to an emergency.

10. "License" means authorization by a state to engage in health or veterinary services

that are unlawful without the authorization. The term includes authorization under the

laws of this state to an individual to provide health or veterinary services based upon a

national certification issued by a public or private entity.

11. "Scope of practice" means the extent of the authorization to provide health or

veterinary services granted to a health practitioner by a license issued to the

practitioner in the state in which the principal part of the practitioner's services are

rendered, including any conditions imposed by the licensing authority.

12. "Veterinary services" means the provision of treatment, care, advice or guidance, or

other services, or supplies related to the health or death of an animal or animal

populations, to the extent necessary to respond to an emergency, including:

a. Diagnosing, treating, or preventing an animal disease, injury, or other physical or

mental condition by prescribing, administering, or dispensing vaccine, medicine,

surgery, or therapy;

b. Using a procedure for reproductive management; and

c. Monitoring and treating animal populations for diseases that have spread or

demonstrate the potential to spread to humans.

13. "Volunteer health practitioner" means a health practitioner who provides health or

veterinary services, whether or not the practitioner receives compensation for those

services. The term does not include a practitioner who receives compensation

pursuant to a pre-existing employment relationship with a host entity or affiliate which

requires the practitioner to provide health services in this state, unless the practitioner

is not a resident of this state and is employed by a disaster relief organization

providing services in this state during an emergency.
N.D. Cent. Code § 37-09-09 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-09
37-09-09. Powers of president of court-martial and summary court officer
Status: in_force

37-09-09. Powers of president of court-martial and summary court officer

A president of a court-martial and a summary court officer may:

1. Issue subpoenas.

2. Enforce the attendance of witnesses and the production of books and papers.
N.D. Cent. Code § 37-19.1-05 — ND Code / Title 37 / Chapter 37-19.1 / Section 37-19.1-05
37-19.1-05. Private employment veterans' preference
Status: in_force

37-19.1-05. Private employment veterans' preference

A private, nonpublic employer in this state may provide a preference to a veteran for

employment. Spouses of honorably discharged veterans who have a service-connected

permanent and total disability also may be preferred for employment. This preference is not

considered a violation of any state or local equal employment opportunity law.
N.D. Cent. Code § 37-14-02 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-02
37-14-02. Term of members - Removal
Status: repealed

37-14-02. Term of members - Removal

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-14-03.2 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-03.2
37-14-03.2. Additional appropriation for 1947
Status: repealed

37-14-03.2. Additional appropriation for 1947

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-29-04 — ND Code / Title 37 / Chapter 37-29 / Section 37-29-04
37-29-04. Exceptions
Status: in_force

37-29-04. Exceptions

1. Subsection 1 of section 37-29-03 is not applicable if the employer is a state agency, an

agency of a political subdivision, or a private entity that performs critical emergency

services during a disaster or emergency, and the employer's executive officer

determines the absence of an employee who is also a volunteer emergency responder

will cause undue hardship or the inability of the employer to provide critical emergency

services during a disaster or emergency. Under this subsection the executive officer

shall:

a. Make all reasonable efforts to inform an employee who is a volunteer emergency

responder that the employment services that employee performs are essential

and therefore that employee's absence from the workplace will be unauthorized if

the employee is called to report for duty as a volunteer emergency responder.

b. Provide the employee notification of the determination the absence is

unauthorized before the employee reports for duty as a volunteer emergency

responder.

2. Subsection 1 of section 37-29-03 is not applicable if the employer is a private entity

and the employer's executive officer in charge of the private entity determines the

employment services provided by an employee who is a volunteer emergency

responder are so critical the services cannot be performed by another employee and

the employee's absence will create the potential for irreparable harm to or permanent

closure of the private entity. Under this subsection the executive officer shall:

a. Make all reasonable efforts to inform an employee who is a volunteer emergency

responder that the employment services that employee performs are essential

and therefore that employee's absence from the workplace will be unauthorized if

the employee is called to report for duty as a volunteer emergency responder.

b. Provide the employee notification of the determination the absence is

unauthorized before the employee reports for duty as a volunteer emergency

responder.

3. The governor or adjutant general may supersede the decision of the executive officer

which was made under subsection 1 or 2 if the governor or adjutant general

determines the nature of the emergency or disaster is so serious that the services

provided by the volunteer emergency responder are key and essential to the

emergency response efforts and public safety responsibilities of the adjutant general's

office.
N.D. Cent. Code § 37-14-07 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-07
37-14-07. Repayment to be made to aid fund
Status: in_force

37-14-07. Repayment to be made to aid fund

Upon the granting of an application and at the time of disbursement, the applicant, or the

applicant's legal agent, shall execute a loan agreement with the department of veterans' affairs

that within a specified period of not to exceed four years from the date of the receipt of the last

item of the advancement, the applicant will repay to the state for the use of the veterans' aid

fund the full amount of all advancements made to the applicant with interest as provided in rules

adopted under section 37-14-10, but not to exceed ten percent annually. One-half of the interest

must be waived if timely repayment is made to the fund as set forth in rules adopted pursuant to

section 37-14-10. The department may take necessary legal action to collect, compromise, or

settle loans if in the opinion of the department the person has the financial means to repay, and

the person deliberately refuses to do so. The department may release from financial liability any

person it determines is financially unable to repay the loan through no fault of the person. The

department may assess and collect a late payment penalty as provided in section 47-14-05.
N.D. Cent. Code § 37-01-24 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-24
37-01-24. Jurisdiction of troops occupying a military district under martial law to pursue, arrest, and subpoena
Status: in_force

37-01-24. Jurisdiction of troops occupying a military district under martial law to

pursue, arrest, and subpoena.

Troops occupying a military district established under martial law, if necessary, may pursue,

arrest, and subpoena persons wanted in said military district, anywhere within this state.
N.D. Cent. Code § 37-01-03 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-03
37-01-03. Articles of uniform code of military justice applicable in state - Regulations governing - Punishment for offenses while on duty
Status: in_force

37-01-03. Articles of uniform code of military justice applicable in state - Regulations

governing - Punishment for offenses while on duty.

The articles of uniform code of military justice [10 U.S.C. 801-950] in effect on

December 31, 2024, governing the armed forces of the United States and the Manual for

Courts-Martial, United States, 2024 edition, are a part of this title so far as the articles are

applicable and not modified by any provision of this title. An individual who commits an offense

while on military duty status, including state active duty, may be tried by a court-martial lawfully

appointed even after the duty has terminated, and if found guilty, the accused must be punished

according to the articles of uniform code of military justice and the rules and regulations

governing the armed forces of the United States, within the limits prescribed in this title and by

federal law for the courts-martial in the national guard. In any case in which the individual

alleged to have committed the offense could be charged either under the code of military justice

or the civil law of this state, the officer whose duty it is to approve the charge, in the officer's

discretion, may order the person charged or subject to being charged to be turned over to the

civil authorities for trial. Commanders may administer nonjudicial punishment for offenses while

on military duty status, including state active duty, in accordance with part V, Manual for

Courts-Martial, except the service member may not demand a trial by courts-martial. When

reference is made to the articles of uniform code of military justice, to the military service, or to

the armed forces of the United States, the reference must be deemed to include the military

service of this state. Laws of this state affecting the military forces must be construed to conform

to all acts and regulations of the United States affecting the same subjects.
N.D. Cent. Code § 37-04-12 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-12
37-04-12. Pay and allowances allowed national guard officers assigned to duty with regular army
Status: repealed

37-04-12. Pay and allowances allowed national guard officers assigned to duty with

regular army.

Repealed by S.L. 2023, ch. 324, § 3.
N.D. Cent. Code § 37-01-05 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-05
37-01-05. Absence of national guard from state - Designation not to be given to new organization
Status: in_force

37-01-05. Absence of national guard from state - Designation not to be given to new

organization.

The state designation of an organization of the national guard which is absent from this

state in the service of the United States may not be given to any new organization.
N.D. Cent. Code § 37-09-19 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-19
37-09-19. Fees of civil officers - Levy, disbursement, and record of costs
Status: in_force

37-09-19. Fees of civil officers - Levy, disbursement, and record of costs

Fees for services of civil officers performed under the provisions of this chapter must be the

same as are provided by law for services of civil officers in civil courts. Costs must be levied and

disbursed by the court. Records of all levies and disbursements must be kept in the

headquarters of the organization concerned.
N.D. Cent. Code § 37-17.1-17 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-17
37-17.1-17. No private liability
Status: in_force

37-17.1-17. No private liability

Any person owning or controlling real estate or other premises who voluntarily and without

compensation grants a license or privilege, or otherwise permits the designation or use of the

whole or any part or parts of such real estate or premises for the purpose of emergency

management activities during an actual, impending, mock or practice disaster or emergency, is,

together with their successors in interest, if any, not civilly liable, except in the case of gross

negligence or willful and malicious failure to guard or warn against a dangerous condition, use,

structure, or activity, for causing the death of, or injury to, any person on or about such real

estate or premises or for loss of, or damage to, the property of such person.
N.D. Cent. Code § 37-09-03 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-03
37-09-03. Court of inquiry - How constituted - Duties
Status: repealed

37-09-03. Court of inquiry - How constituted - Duties

Repealed by S.L. 1999, ch. 322, § 11.
N.D. Cent. Code § 37-17.1-07.1 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-07.1
37-17.1-07.1. Hazardous chemicals preparedness and response program
Status: in_force

37-17.1-07.1. Hazardous chemicals preparedness and response program

1. Program components.

a. The governor shall appoint members of the state emergency response

commission to carry out the commission's responsibilities as outlined in Public

Law 99-499, 42 U.S.C. 11001, et seq., also referred to as SARA title III, and the

responsibilities of the commission members as outlined in the North Dakota

emergency operations plan.

b. In conjunction with the state emergency response commission, the local

emergency planning committees, as appointed by the boards of county

commissioners, and the local emergency management organizations shall

coordinate the development and maintenance of a state hazardous chemicals

preparedness and response program.

c. The director of the division of homeland security and emergency management

shall serve as the chairman of the state emergency response commission. In the

absence of the chairman, the designated vice chairman shall serve as chairman.

The state emergency response commission by vote will select the vice chairman

to fulfill a two-year term. The chairman shall recognize the assignment of

representatives to the commission who are designated through a delegation of

authority by a member. The chairman shall designate a commission secretary,

solely for the purpose of documenting and distributing clerical proceedings, from

the staff of the division of homeland security and emergency management.

d. For the purpose of complying with the reporting requirements set forth in

sections 302, 304, 311, 312, and 313 of Public Law 99-499, 42 U.S.C. 11001,

et seq., also referred to as SARA title III, the owner and operator of any facility, as

defined in SARA title III, shall submit those reports to the North Dakota division of

homeland security and emergency management as required by SARA title III,

which shall establish and maintain the state repository for these reports.

e. For purposes of monitoring, determining if emergency response may be required,

and notifying local officials, owners and operators or responsible parties shall

report all spills or discharges to the appropriate state agency as required by law.

The report must include the name of the reporting party, including phone number

and address; date; time of release; location of release; containment status; name

of the chemical, if waterways are involved; and immediate potential threat. If the

release occurs or travels offsite from a facility, the owner and operator or

responsible party shall notify the surface owner within a reasonable time. State

agencies that receive direct reports of spills or discharges shall provide the report

information to the division within a time that is consistent with potential level of

response needed.

2. Establishment of funds.

a. There is created in the state treasury a nonlapsing restricted account to be known

as a state hazardous chemicals preparedness and response fund. The fund

consists of revenue collected from the state hazardous chemical fee system and

funds appropriated by the legislative assembly. Moneys in the fund shall be

appropriated biennially to the division of homeland security and emergency

management for carrying out the purposes, goals, and objectives of SARA title III,

and the state hazardous chemicals preparedness and response program.

b. The county treasurer of each county shall establish a nonlapsing restricted

account, to be known as the county hazardous chemicals preparedness and

response account. The county hazardous chemicals preparedness and response

account consists of revenue from the state hazardous chemicals fee system,

county, federal or state funds, grants, and any private donations provided to

finance the county hazardous chemicals preparedness and response program.

c. The director of the division of homeland security shall set appropriate fees for the

state hazardous chemical fee system subject to the following:

(1) Changes to fees charged will take effect on January first;

(2) An increase to fees levied on a per chemical basis made after January 1,

2026, may not exceed five dollars per year;

(3) The director shall announce any fee increases made after January 1, 2026,

a minimum of one year before the effective date; and

(4) The director may consider economic conditions, the general economy, and

the availability of funds appropriated by the legislature to offset the costs of

administering the program when setting fees.

d. Each owner and operator of a facility, as defined in SARA title III, shall pay an

annual hazardous chemicals fee to the division of homeland security and

emergency management.

(1) The fee must be paid by March first of each year.

(2) The fee is levied on a per chemical basis for each chemical within the

meaning of title 40, Code of Federal Regulations, part 355.20, or its

successor which is required under section 312 of SARA title III, to be listed

on the hazardous chemical inventory form (tier II) which the owner or

operator must submit to the division. The federal requirements must be used

for completing the tier II form, including the threshold amounts, as outlined

in title 40, Code of Federal Regulations, part 20.

(3) The maximum fee for a facility under this section is nine hundred fifty

dollars.

(4) The director of the homeland security and emergency management division

may impose fees for both late filing of reports and late payment of fees

subject to the following:

(a) A late fee may not exceed the amount of the hazardous chemicals fee

owed under this subdivision;

(b) After six months the director shall process further violations under

willful violations in subsection 4; and

(c) A facility exempt from fees under this subdivision which is late filing

reports under this section may be subject to a late fee equal to the

amount the facility would be charged if it was not exempt.

(5) The division of homeland security and emergency management shall

transfer to the county hazardous chemicals preparedness and response

account one-half of the regular fees collected from the state's hazardous

chemicals fee system.

e. The owners or operators of family farm enterprises that are not engaged in the

retail or wholesale of hazardous chemicals and facilities owned by the state or

local governments are exempt from the fee under subdivision c. For purposes of

this section, the terms "family farm" and "farmer" have the same meaning as set

forth in section 6-09.11-01.

f. State and county governments are authorized to accept and may deposit grants,

gifts, and federal funds into the hazardous chemicals preparedness and response

fund and accounts for the purpose of carrying out the hazardous chemicals

preparedness and response programs to include training, exercising, equipment,

response, and salaries, and local emergency planning committee member

stipends not to exceed thirty percent of state per diem per meeting attended. In

lieu of stipends the committee chairman may provide a meal or refreshments

other than alcoholic beverages.

g. "Hazardous chemical" means as defined in title 40, Code of Federal Regulations,

part 355.20 and title 29, Code of Federal Regulations, part 1910.1200.

h. The state hazardous chemicals fee system does not supersede a city fee system

for hazardous chemicals.

3. a. A person who causes a release, as defined in title 40, Code of Federal

Regulations, part 355.20, of a hazardous chemical in excess of the reportable

quantity of that chemical, as defined in title 40, Code of Federal Regulations, part

355.20, is liable for the response costs incurred by state or local hazardous

chemical response personnel. The state agency, local agency, volunteer

organization, or hazardous chemical response personnel, as identified in the

state or local emergency operations plan, which undertakes a response action

may recover those response costs in an action brought before a court of

competent jurisdiction. If more than one jurisdiction, organization, or agency

incurs response costs for the same hazardous chemical release or incident, those

hazardous chemical response jurisdictions, agencies, organizations, or personnel

may file a joint action and may designate one entity to represent the others in the

action.

b. In the action to recover reasonable and necessary response costs, state

agencies, local agencies, or volunteer organizations may include operational,

administrative, personnel, and legal costs incurred from its initial response action

up to the time that it recovers its cost. Reasonable and necessary costs are those

additional costs incurred that are a result of the responsible party's failure or

inability to implement or initiate the necessary actions to protect life, property, and

the environment.

4. a. A person who willfully violates any of the reporting, planning, or notification

requirements outlined in the provisions of the Emergency Planning and

Community Right-to-Know Act of 1986 [title III of Public Law 99-499, 42 U.S.C.

11001 et seq.], is subject to a civil fine of not more than fifteen thousand dollars

for each separate offense. For purposes of this subdivision, each day of

continued violation constitutes a separate offense. All civil fines collected under

this subdivision must be deposited in the state general fund. The state and its

political subdivisions and employees of the state or a political subdivision acting

within the scope of their employment are not subject to the civil fines established

in this subdivision.

b. Any person who knowingly falsifies information or who intentionally obstructs or

impairs, by force, violence, physical interference, or obstacle, a representative of

state or local government or state or local hazardous chemicals response

personnel attempting to perform duties and functions in state or local emergency

operations plans or complying with Public Law 99-499, SARA title III, is guilty of a

class B misdemeanor. The state and its political subdivisions and employees of

the state or a political subdivision acting within the scope of their employment are

not subject to the penalty established in this subdivision.

5. If the director of the division of homeland security and emergency management

determines that a violation of this chapter has occurred, the director shall make all

evidence available to the attorney general for use in any remedial action the attorney

general's office determines appropriate, including injunctive relief. Nothing in this

section may be construed to deny use of the remedies authorized under chapter

32-40.
N.D. Cent. Code § 37-17.1-26 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-26
37-17.1-26. Intrastate mutual aid agreements
Status: in_force

37-17.1-26. Intrastate mutual aid agreements

The department of emergency services shall prepare and distribute to political subdivisions

guidelines and model intrastate mutual aid agreements to provide a system for mutual

assistance among political subdivisions in the prevention of, response to, and recovery from a

local disaster or emergency. To access state funds for disaster response and recovery during a

nonfederally declared disaster, counties and cities shall participate in intrastate mutual aid and

shall take all necessary steps to ensure eligibility for federal funds.
N.D. Cent. Code § 37-09-08 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-08
37-09-08. Commitment to prison or jail pending trial - Bail allowed
Status: in_force

37-09-08. Commitment to prison or jail pending trial - Bail allowed

Whenever an accused person has been arrested for failure to appear before a court-martial

for trial as provided in this chapter, the president of the court-martial or the summary court

officer to whom the charges have been referred for trial may issue a warrant to a civil officer for

the commitment of such person to prison or jail pending trial. In all such cases, the accused

must be admitted to bail, the amount of bail fixed, and the surety or sureties thereon approved

by the president of the court-martial or by the summary court officer issuing the warrant. In

default of bail, such person must be confined pending trial.
N.D. Cent. Code § 37-03-01 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-01
37-03-01. Adjutant general - Appointment - Qualifications - Term - Salary - Office at capital - Removal
Status: in_force

37-03-01. Adjutant general - Appointment - Qualifications - Term - Salary - Office at

capital - Removal.

The governor shall appoint the adjutant general. Each candidate for the office must have

been a federally recognized commissioned officer of the national guard for a period of at least

three years immediately preceding the appointment, must have obtained the rank of lieutenant

colonel or higher, and must have completed the educational requirements for appointment as a

federally recognized general officer. The term of office is for six years and commences on

July 1, 2001, and on every sixth anniversary thereof. The governor shall fill a vacancy for an

unexpired term. The salary of the adjutant general must be within the appropriation for salaries

by the legislative assembly. The adjutant general must have an office at the state capital. The

provisions of chapter 37-04 relating to the vacation of commissions, retirement, and discharge

apply to the adjutant general.
N.D. Cent. Code § 37-17.1-27 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-27
37-17.1-27. State disaster relief fund - Creation - Uses
Status: in_force

37-17.1-27. State disaster relief fund - Creation - Uses

There is created in the state treasury a state disaster relief fund. Moneys in the fund are to

be used subject to legislative appropriations for providing the required state share of funding for

expenses and administration associated with emergency response operations conducted by the

department of emergency services, a declaration of a state of disaster or emergency issued by

the governor in accordance with section 37-17.1-05, federal emergency management agency

disaster response, recovery, and mitigation grants, and for the purposes of reimbursing costs

under section 37-17.1-28. Any interest or other fund earnings must be deposited in the fund.

Before any expenditure is made from the fund, the agency authorized to make the expenditure

shall provide information on the purpose and payee of the expenditure to the appropriation

committees of the house of representatives and senate or to the budget section if the legislative

assembly is not in session.
N.D. Cent. Code § 37-09-10 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-10
37-09-10. Fines collected remitted to state treasurer - Credited to general fund of national guard
Status: in_force

37-09-10. Fines collected remitted to state treasurer - Credited to general fund of

national guard.

All fines imposed by a sentence of a military court must be collected by the presiding officer

and remitted to the adjutant general without delay. The adjutant general shall remit them to the

state treasurer immediately with a statement of the sources from which they were collected. All

sums collected as fines must be credited to the general fund for the maintenance of the national

guard.
N.D. Cent. Code § 37-01-04 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-04
37-01-04. Governor's authority to order out national guard - Reserve militia ordered out
Status: in_force

37-01-04. Governor's authority to order out national guard - Reserve militia ordered

out.

In case of insurrection, invasion, tumult, riot, breach of the peace, cyber attack, or imminent

danger thereof, to provide a presence at state ceremonial events, to provide assistance to

political entities in search and rescue efforts or to respond to a potential natural or

environmental hazard or nuisance, or to perform training activities, the governor may order into

the active service of this state any part of the national guard that the governor may deem

proper. When the national guard of this state, or a part thereof, is called forth under the

Constitution of the United States and the laws of the United States, the governor shall order out

for service the remaining troops or such part thereof as may be necessary. If the number of

available troops is insufficient, the governor shall order out such part of the reserve militia as the

governor may deem necessary.
N.D. Cent. Code § 37-17.1-24 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-24
37-17.1-24. Definitions
Status: repealed

37-17.1-24. Definitions

Repealed by S.L. 2009, ch. 308, § 2.
N.D. Cent. Code § 37-07.1-06.1 — ND Code / Title 37 / Chapter 37-07.1 / Section 37-07.1-06.1
37-07.1-06.1. North Dakota national guard tuition fund
Status: repealed

37-07.1-06.1. North Dakota national guard tuition fund

Repealed by S.L. 2009, ch. 301, § 3.
N.D. Cent. Code § 37-14-06 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-06
37-14-06. Department may provide aid
Status: in_force

37-14-06. Department may provide aid

If the department of veterans' affairs is satisfied that an applicant is a veteran or the

surviving spouse of a veteran and has not remarried, and that the applicant is a citizen and

resident of this state, and that the applicant meets the criteria set forth in rules adopted pursuant

to section 37-14-10 regarding qualifications to obtain a loan, the department may loan to the

applicant a sum from the veterans' aid fund not to exceed eight thousand dollars. Additional

loans may be made to an applicant if the applicant still meets the loan criteria and if the total of

all loans does not exceed eight thousand dollars. If an applicant is provided more than one loan,

the amounts will be consolidated into one payment.
N.D. Cent. Code § 37-15-16 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-16
37-15-16. Administrator shall take charge of unclaimed estates of small value
Status: in_force

37-15-16. Administrator shall take charge of unclaimed estates of small value

If a member of the veterans' home dies leaving property of the value of three thousand

dollars or less, the administrator immediately shall take charge of the property. If within forty-five

days of the date of death a valid claim of any heir or devisee is not made for the property and an

application or petition has not been filed for issuance of letters of administration, the

administrator shall convert the property into cash without probate or other proceedings and

make payment first toward reasonable funeral expenses and second toward reasonable and

necessary medical and hospital expenses of the last illness of the decedent. If any cash

remains, the administrator shall deposit the cash with the state treasurer who shall credit it to

the veterans' home operating fund. The administrator shall make a report of the administrator's

action to the administrative committee on veterans' affairs and the governor. The report must be

audited by, and included in the records of, the committee.
N.D. Cent. Code § 37-27-06 — ND Code / Title 37 / Chapter 37-27 / Section 37-27-06
37-27-06. Payments exempt from taxation and from execution - Assignments void - Debts to state and political subdivisions not deducted
Status: in_force

37-27-06. 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, including an income

tax liability 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 37-27-05.
N.D. Cent. Code § 37-01-13 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-13
37-01-13. Right of way of national guard while on duty - Exceptions - Interference with - Penalty
Status: in_force

37-01-13. Right of way of national guard while on duty - Exceptions - Interference with

- Penalty.

Commanding officers of any portion of the national guard parading or performing any

military duty in any street or highway may require any or all persons in such street or highway to

yield the right of way, except that the carriage of the United States mail, the legitimate functions

of the police, and the progress and operations of hospital ambulances and fire departments may

not be interfered with thereby. The adjutant general may provide for the issuance of special

identification plates to be placed upon the privately owned vehicles of members of the national

guard in order to properly identify vehicles operated by such members. All persons who hinder,

delay, or obstruct any portion of the national guard wherever parading or performing any military

duty are guilty of a class B misdemeanor.
N.D. Cent. Code § 37-09-02 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-02
37-09-02. Powers and procedure of military courts
Status: in_force

37-09-02. Powers and procedure of military courts

The military courts of this state must be constituted the same, have cognizance of the same

subjects, and shall possess the same powers, except as to punishment, as similar courts

provided for by the laws and regulations governing the army of the United States. The

proceedings of courts-martial of the national guard must follow the forms and modes of

procedure prescribed in the Manual for Courts-Martial, United States, 1984 (1998 edition).
N.D. Cent. Code § 37-28-05 — ND Code / Title 37 / Chapter 37-28 / Section 37-28-05
37-28-05. Application
Status: in_force

37-28-05. Application

Each veteran or veteran's beneficiary entitled to payment under this chapter shall make

application to the adjutant general of the state of North Dakota upon a form prescribed by the

adjutant general. If the veteran is incompetent or the veteran's beneficiary is incompetent or a

minor, application may be made by the guardian of the veteran or beneficiary, and if there is no

guardian, the person determined by the adjutant general to have assumed the major

responsibility for the care of the veteran or beneficiary and to be a proper person to receive

payment for the veteran or beneficiary may make the application. If a veteran is hospitalized in a

state, county, or federal institution and no application has otherwise been approved by the

adjutant general, the person in charge of such institution may make the application with the

approval of the adjutant general. For purposes of this section, the word "minor" does not include

the unremarried spouse of a veteran. Each application must be accompanied by a certified copy

of honorable discharge or other evidence of honorable and faithful service. Each application

must be subscribed and sworn to by the applicant in such manner as may be prescribed by the

adjutant general. The adjutant general shall provide by rule for an endorsement of the evidence

of honorable and faithful service if application for payment has been made.
N.D. Cent. Code § 37-14-01.1 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-01.1
37-14-01.1. Definition of veteran
Status: in_force

37-14-01.1. Definition of veteran

1. As used in this chapter, "veteran" means:

a. An individual:

(1) Defined as a veteran under subsection 1 of section 37-01-40; or

(2) To whom the United States veterans administration has assigned a

service-connected disability rating;

b. Current members of the national guard or reserve; or

c. Former members of the national guard or reserve who have been discharged

under other than dishonorable conditions.

2. Subdivisions b and c of subsection 1 do not apply to section 37-14-14.
N.D. Cent. Code § 37-01-25.2 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-25.2
37-01-25.2. Penalty
Status: repealed

37-01-25.2. Penalty

Repealed by omission from this code.
N.D. Cent. Code § 37-30-01 — ND Code / Title 37 / Chapter 37-30 / Section 37-30-01
37-30-01. Definitions
Status: in_force

37-30-01. Definitions

As used in this chapter, "encroachment" means an action that interferes with or negatively

impacts military base testing, training, and other operations and overall military readiness,

including issues related to environmental impact, noise pollution, land development, competition

for airspace, competition for radio frequency spectrum, and urban growth around military

installations.
N.D. Cent. Code § 37-01-27 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-27
37-01-27. Members of national guard exempt from poll tax
Status: repealed

37-01-27. Members of national guard exempt from poll tax

Repealed by S.L. 1969, ch. 528, § 24.
N.D. Cent. Code § 37-01-28 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-28
37-01-28. Failure of member of the militia to appear - Penalty
Status: in_force

37-01-28. Failure of member of the militia to appear - Penalty

Every member of the militia who is ordered out or ordered on duty, who volunteers, or who

is drafted under the provisions of this title, who does not appear at the time and place

designated by that person's commanding officer, the adjutant general, or the mustering officer,

who does not produce a sworn certificate of physical disability from a physician in good standing

showing that person's inability to appear, must be taken as a deserter and dealt with as

prescribed in the uniform code of military justice of the United States.
N.D. Cent. Code § 37-11-08 — ND Code / Title 37 / Chapter 37-11 / Section 37-11-08
37-11-08. Claims for disability allowances and care - How considered - Powers of board of inquiry
Status: repealed

37-11-08. Claims for disability allowances and care - How considered - Powers of

board of inquiry.

Repealed by S.L. 1965, ch. 256, § 6.
N.D. Cent. Code § 37-29-03 — ND Code / Title 37 / Chapter 37-29 / Section 37-29-03
37-29-03. Discrimination prohibited in employment practices - Limitations - Verification - Civil actions
Status: in_force

37-29-03. Discrimination prohibited in employment practices - Limitations -

Verification - Civil actions.

1. An employer may not terminate or demote an employee who is a volunteer emergency

responder or in any other manner discriminate against that employee in the terms and

conditions of employment based upon the employee being absent or tardy from

employment due to serving as a volunteer emergency responder in responding to a

disaster or emergency.

2. An employee who is terminated, demoted, or otherwise discriminated against in

violation of this section may bring a civil action against the employer that violated this

subsection. In the civil action, the employee may seek reinstatement to the employee's

former position; payment of back wages; reinstatement of fringe benefits; and if

seniority rights are granted, the employee may seek reinstatement of seniority rights. A

civil action under this section must be commenced within one year of the date of the

violation.

3. Except for an involuntarily activated national guard member, subsection 1 does not

apply if due to serving as a volunteer emergency responder, the employee is absent or

tardy from the employee's place of employment for a period that exceeds twenty

regular working days in a calendar year.

4. In order to receive the protections of subsection 1, an employee who will be absent or

tardy from the employee's place of employment while serving as a volunteer

emergency responder in the case of a disaster or emergency shall make reasonable

efforts to notify the employer of that service.

5. An employer may request that an employee provide the employer with written

verification of times and dates of instances during which the employee was absent or

tardy from employment due to serving as a volunteer emergency responder in the

case of a disaster or emergency. Verification under this subsection may include a

statement from the department of emergency services, the adjutant general's office,

the North Dakota wing of the civil air patrol, or other appropriate entity.

6. This section does not limit an employer from charging against an employee's regular

pay the time the employee is absent or tardy from employment while serving as a

volunteer emergency responder to a disaster or emergency.
N.D. Cent. Code § 37-26-04 — ND Code / Title 37 / Chapter 37-26 / Section 37-26-04
37-26-04. Application
Status: in_force

37-26-04. Application

Each veteran or veteran's beneficiary entitled to payment under this chapter shall make

application to the adjutant general of the state of North Dakota upon a form prescribed by the

adjutant general. If the veteran is incompetent or the veteran's beneficiary is incompetent or a

minor, application may be made by the guardian of the veteran or beneficiary, and if there is no

guardian, the person determined by the adjutant general to have assumed the major

responsibility for the care of the veteran or beneficiary and to be a proper person to receive

payment for the veteran or beneficiary may make the application. If a veteran is hospitalized in a

state, county, or federal institution and no application has otherwise been approved by the

adjutant general, the person in charge of such institution may make the application with the

approval of the adjutant general. For the purpose of this section, the word "minor" does not

include the unremarried spouse of a veteran. Each application must be accompanied by a

certified copy of honorable discharge or other evidence of honorable and faithful service. Each

application must be subscribed and sworn to by the applicant in such manner as may be

prescribed by the adjutant general. The adjutant general shall provide by rule for an

endorsement of the evidence of honorable and faithful service if application for payment has

been made.
N.D. Cent. Code § 37-17.3-07 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-07
37-17.3-07. Maintenance of radio system - Personnel, equipment, and expense
Status: in_force

37-17.3-07. Maintenance of radio system - Personnel, equipment, and expense

The director may employ such radio operators and assistants and such radio equipment as

the director may deem necessary to carry out the provisions of this chapter and shall fix the

compensation of such personnel. The cost of maintenance and operation of the system and all

shortwave length radio receiving and transmitting sets owned or operated by the state must be

paid out of the appropriation for this purpose.
N.D. Cent. Code § 37-09-18 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-18
37-09-18. Witness and reporter fees
Status: in_force

37-09-18. Witness and reporter fees

Any witness subpoenaed to appear before any military court shall receive the same fees as

are provided by law for a witness appearing in a civil court. The reporter of any military court

must be paid the same fees for stenographic services as are provided by law for similar services

in civil courts.
N.D. Cent. Code § 37-09-15 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-15
37-09-15. Warrant may be issued by a president of a court-martial and a summary court officer
Status: in_force

37-09-15. Warrant may be issued by a president of a court-martial and a summary

court officer.

A president of a court-martial and a summary court officer may issue a warrant to arrest an

accused person and to bring that person before the court for trial whenever that person has

disobeyed an order in writing from the convening authority to appear before such court, a copy

of the charge or charges having been delivered to the accused with such order. A president of a

court-martial and a summary court officer may issue a warrant for the arrest and confinement of

a convicted person, and any other warrant, writ, or process which may be necessary to enable

any such court to carry into full effect the powers vested in it by the laws of the United States

and of this state.
N.D. Cent. Code § 37-02-03 — ND Code / Title 37 / Chapter 37-02 / Section 37-02-03
37-02-03. How strength and organization of national guard units prescribed
Status: in_force

37-02-03. How strength and organization of national guard units prescribed

The strength and organization of units of the national guard must be prescribed by

regulations and orders of the defense department of the United States promulgated from time to

time by proper authority.
N.D. Cent. Code § 37-17.1-22 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-22
37-17.1-22. Disaster or emergency response and recovery costs
Status: in_force

37-17.1-22. Disaster or emergency response and recovery costs

Whenever the governor declares a state of disaster or emergency in accordance with

section 37-17.1-05, or when the governor enters into an agreement with the federal government

following a disaster or emergency declared by the president of the United States, the director of

the division of homeland security and emergency management shall determine and record the

costs of the state response and recovery operations in accordance with an agreement with the

federal government or in accordance with procedures established by the governor in the case of

a state-declared disaster or emergency. Immediately following the response or recovery

operations, or prior thereto if determined necessary by the governor, the governor may apply to

the state emergency commission for a grant of funds in an amount equal to the response and

recovery costs of the state to be paid from the state disaster relief fund or other funds approved

by the emergency commission. Notwithstanding other provisions of chapter 54-16, it must be

conclusively presumed upon receipt by the emergency commission of the application from the

governor that a disaster or emergency exists, and the commission may grant and direct the

transfer to the department of the governor designated representative of an amount up to that

certified in the application by the governor.
N.D. Cent. Code § 37-03-08 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-08
37-03-08. Unsuitable military property - Disposal
Status: in_force

37-03-08. Unsuitable military property - Disposal

All military property of this state found unsuitable after proper inspection must be disposed

of by the adjutant general, by sealed bid or at public auction, after advertisement of the same

has been published once each week for three consecutive weeks in the official newspaper of

the county where the sale is to take place, or it may be sold at private sale when ordered by the

governor. In the case of scrap material, it may be sold to established scrap dealers at current

prices. The adjutant general shall suspend the sale whenever, in the adjutant general's opinion,

better prices may or should be obtained. The adjutant general shall deposit all sale revenues in

the state treasury and it must be credited to the national guard improvement fund established by

section 37-03-13, which is not subject to the provisions of section 54-44.1-11.
N.D. Cent. Code § 37-15-19 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-19
37-15-19. Biennial report
Status: in_force

37-15-19. Biennial report

The administrator of the veterans' home may submit a biennial report to the governor and

the secretary of state in accordance with section 54-06-04.
N.D. Cent. Code § 37-09-20 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-20
37-09-20. Manner of paying witness fees and court costs
Status: in_force

37-09-20. Manner of paying witness fees and court costs

All witness fees and court costs incident to or the result of the operation of a military tribunal

must be paid by the state treasurer from the general funds available upon appropriate voucher

submitted through the channels of the adjutant general's office, after approval by the adjutant

general and the governor.
N.D. Cent. Code § 37-26-03 — ND Code / Title 37 / Chapter 37-26 / Section 37-26-03
37-26-03. Payment to beneficiary of veteran who died in active service
Status: in_force

37-26-03. 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 such veteran is entitled to a payment of two thousand five hundred dollars in

lieu of any other compensation under this chapter.
N.D. Cent. Code § 37-01-26 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-26
37-01-26. Pay of officers and enlisted men assigned to special duty
Status: in_force

37-01-26. Pay of officers and enlisted men assigned to special duty

Any commissioned officer assigned to special duty by the governor or under the governor's

authority must be paid duty pay for the time actually employed, and the officer's necessary

traveling expenses and subsistence when such payment is authorized by the governor. Judge

advocates must be paid such compensation as shall be approved by the governor for services

in bringing any suits provided for in this title, and in actions or proceedings by habeas corpus,

certiorari, or otherwise. All staff officers must be paid duty pay for special service ordered by

competent authority with the approval of the governor. Enlisted persons on duty under orders of

the governor, but not at the time serving with troops, shall receive the same rate of pay as is

provided for the national guard when called into active service by the governor and their actual

traveling expenses and subsistence.
N.D. Cent. Code § 37-01-12 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-12
37-01-12. When members of national guard or militia exempt from civil or criminal liability
Status: in_force

37-01-12. When members of national guard or militia exempt from civil or criminal

liability.

Members of the national guard or militia ordered into the active service of the state by any

proper authority are not civilly nor criminally liable for any act or acts done by them in the line of

duty. Members of the national guard or militia ordered into active service of the state must be

presumed to be acting in the line of duty except in the case of willful misconduct or gross

negligence. When a suit or proceeding is commenced in any court against an officer of the

militia for any act done by such officer in the officer's official capacity in the discharge of any

duty under the provisions of this title, or against any person acting under the authority or order

of any such officer or by virtue of any warrant issued by any such officer pursuant to law, the

defendant is entitled to legal representation provided by the attorney general, an assistant

attorney general, or a judge advocate officer at no cost. The defendant in such action may

require the person prosecuting or instituting the suit or proceeding to file security for the

payment of the costs that may be awarded to the defendant therein. The defendant in all such

cases may make a general denial and give the special matter in evidence. If the action is

dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover

treble costs in the action.
N.D. Cent. Code § 37-07.1-06 — ND Code / Title 37 / Chapter 37-07.1 / Section 37-07.1-06
37-07.1-06. Tuition - Assistance payments
Status: repealed

37-07.1-06. Tuition - Assistance payments

Repealed by S.L. 1995, ch. 351, § 4.
N.D. Cent. Code § 37-18-16 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-16
37-18-16. Veterans' service organization reimbursement
Status: in_force

37-18-16. Veterans' service organization reimbursement

1. As used in this section, a "funeral service" includes a:

a. Folding of the flag;

b. Presentation of the flag;

c. Presentation of the state coin;

d. Playing of taps; and

e. Three volley salute.

2. The department shall administer a program to reimburse a veterans' service

organization for providing a funeral service at a military honors funeral.

3. Upon the request of a veterans' service organization, the department shall reimburse

up to fifty dollars to one veterans' service organization per funeral for providing a

funeral service during a military honors funeral. If a veterans' service organization has

received federal reimbursement for providing a funeral service for a military honors

funeral, the veterans' service organization may not apply for reimbursement under this

section.

4. The veterans' service organization may authorize the playing of taps on a ceremonial

bugle or a high-quality recording during a military honors funeral held in this state for a

deceased veteran.
N.D. Cent. Code § 37-04-03 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-03
37-04-03. Officers commissioned by governor - Assigning or reassigning officers
Status: in_force

37-04-03. Officers commissioned by governor - Assigning or reassigning officers

Officers must be commissioned by the governor, and each commission must designate the

arm or branch of service in which the officer named therein is commissioned. Officers must be

assigned or reassigned to duty in the various regiments or lesser separate organizations by the

immediate commander thereof.
N.D. Cent. Code § 37-14-12 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-12
37-14-12. Decision of department appealable
Status: in_force

37-14-12. Decision of department appealable

The department of veterans' affairs may grant or refuse an application for relief or

assistance from financial assistance programs under the control of the department under

policies set by the administrative committee on veterans' affairs. The committee shall adopt and

establish an appeal process. The department's decisions are appealable to an appeals

committee appointed by the chairman of the administrative committee. A hearing before the

appeals committee may be closed upon request of the applicant. An applicant who requests a

closed hearing may invite to that hearing any two representatives and the applicant's spouse or

one other family member. Each decision of the appeals committee must give the reasons for

granting or refusing an application for relief or assistance. The decision of the appeals

committee is final. The record of the hearing, including the identity of the applicant, is an exempt

record.
N.D. Cent. Code § 37-14-03 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-03
37-14-03. Veterans' aid fund
Status: in_force

37-14-03. Veterans' aid fund

The state treasurer shall keep in the state treasury the separate trust fund known as the

veterans' aid fund and shall have full authority to invest the fund only in accordance with chapter
N.D. Cent. Code § 37-17.1-01 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-01
37-17.1-01. Short title
Status: in_force

37-17.1-01. Short title

This chapter must be cited as the North Dakota Disaster Act of 1985.
N.D. Cent. Code § 37-17.3-04 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-04
37-17.3-04. Broadcasting dispatches - Reports required
Status: in_force

37-17.3-04. Broadcasting dispatches - Reports required

The director shall broadcast all dispatches and reports submitted which have a reasonable

relation to or connection with the apprehension of criminals, the prevention of crimes, or the

maintenance of peace and order in the state, including disaster emergency services.
N.D. Cent. Code § 37-07-05 — ND Code / Title 37 / Chapter 37-07 / Section 37-07-05
37-07-05. Pay and allowances of enlisted national guard members - Deductions allowed
Status: repealed

37-07-05. Pay and allowances of enlisted national guard members - Deductions

allowed.

Repealed by S.L. 2023, ch. 324, § 3.
N.D. Cent. Code § 37-04-11 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-11
37-04-11. Pay of officers serving on boards, commissions, and courts
Status: repealed

37-04-11. Pay of officers serving on boards, commissions, and courts

Repealed by S.L. 2023, ch. 324, § 3.
N.D. Cent. Code § 37-18-13 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-13
37-18-13. Records
Status: in_force

37-18-13. Records

The department of veterans' affairs may receive from the United States such records of

veterans as the United States may wish to turn over to the department of veterans' affairs and

same shall keep and maintain the records as provided in this chapter.
N.D. Cent. Code § 37-11-07 — ND Code / Title 37 / Chapter 37-11 / Section 37-11-07
37-11-07. Disability allowances and care provided
Status: repealed

37-11-07. Disability allowances and care provided

Repealed by S.L. 1979, ch. 392, § 3.
N.D. Cent. Code § 37-03-14 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-14
37-03-14. North Dakota veterans' cemetery - Administration
Status: in_force

37-03-14. North Dakota veterans' cemetery - Administration

The adjutant general shall establish and operate the North Dakota veterans' cemetery,

which the adjutant general shall locate within or adjacent to Fort Abraham Lincoln state park.

The adjutant general may accept and expend private and federal funds to establish and operate

the veterans' cemetery. All moneys received from private or federal sources must be paid to the

state treasurer for deposit into the veterans' cemetery maintenance fund. The adjutant general,

with the approval of the governor, may enter into an agreement with the director of the parks

and recreation department for the maintenance of the cemetery. The adjutant general shall

provide lots in the state veterans' cemetery for the interment of deceased members of the

national guard, other reserve components, and veterans, and their spouses, minor children, and

unmarried adult children who were physically or mentally disabled and incapable of self-support.

The adjutant general may adopt, amend, or rescind any rules under chapter 28-32 as deemed

necessary to implement and administer this section.
N.D. Cent. Code § 37-14-17 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-17
37-14-17. Investment of rehabilitation fund
Status: repealed

37-14-17. Investment of rehabilitation fund

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-17.1-32 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-32
37-17.1-32. Hazard mitigation revolving loan fund - Loan authorization
Status: in_force

37-17.1-32. Hazard mitigation revolving loan fund - Loan authorization

1. When approved by the emergency commission, the office of the adjutant general is

authorized to borrow from the Bank of North Dakota, to match federal funds provided

for the implementation of the hazard mitigation revolving loan fund. In addition to the

principal repayment, the Bank of North Dakota shall receive interest on the loan at a

rate equal to other state agency borrowings. After the state receives approval from the

federal emergency management agency to fund projects that utilize the hazard

mitigation revolving loan fund, the office of the adjutant general shall submit a request

to the emergency commission for:

a. Approval to make an application for a loan from the Bank of North Dakota;

b. Approval for additional personnel required to perform the anticipated mitigation

activities; and

c. If required, authority to spend additional state and federal funds for the mitigation

program.

2. If the request is acceptable, the emergency commission shall approve the request and

issue a notice of its action to the office of the adjutant general, Bank of North Dakota,

and the office of management and budget. The office of the adjutant general shall

keep the emergency commission apprised of the progress of the hazard mitigation

revolving loan fund and report on the implementation of the loan fund on an annual

basis. The office of the adjutant general is responsible to repay any loan, including

accrued interest, from the Bank of North Dakota which is provided under this section. If

at the end of the biennium a balance exists on the loan, the office of the adjutant

general shall request the legislative assembly for a deficiency appropriation to repay

the loan.
N.D. Cent. Code § 37-10-03 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-03
37-10-03. Adjutant general to supervise national guard facilities
Status: in_force

37-10-03. Adjutant general to supervise national guard facilities

The adjutant general shall fix for each unit of the national guard, within the limits of

legislative appropriations, the maintenance and rent allowance to be paid by this state, shall

provide for the acquisition and maintenance of national guard facilities, and may lease property

for national guard facilities, but no lease may exceed fifty years.
N.D. Cent. Code § 37-11-01 — ND Code / Title 37 / Chapter 37-11 / Section 37-11-01
37-11-01. Members of militia and national guard and dependents may be given pension
Status: in_force

37-11-01. Members of militia and national guard and dependents may be given

pension.

Every member of the militia or national guard who has been or who shall be wounded or

disabled or the surviving dependents of such member in case of the member's death from such

wound or disability while:

1. In the service of this state in case of riot, tumult, breach of the peace, resistance to

process, invasion, disaster relief, the protection of life or property, or insurrection, or

imminent danger thereof;

2. Engaged in any lawfully ordered parade, drill, encampment, or inspection;

3. Acting pursuant to call in aid of the civil authorities; or

4. Otherwise ordered to state active duty by the governor,

must be taken care of and provided for at the expense of this state in the manner provided in

this chapter.
N.D. Cent. Code § 37-01-10.2 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-10.2
37-01-10.2. North Dakota state flag - Presented by whom - Qualifications
Status: in_force

37-01-10.2. North Dakota state flag - Presented by whom - Qualifications

A North Dakota state flag may be presented upon retirement to any member of the North

Dakota national guard upon the completion of twenty good years or more of military service.
N.D. Cent. Code § 37-01-01 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-01
37-01-01. Definitions
Status: in_force

37-01-01. Definitions

In this title, unless the context otherwise requires:

1. "Active militia" means the organized and uniformed military forces of this state known

as the "North Dakota national guard" and the reserve militia when called to active

service.

2. "Active service" means state active duty in case of public disaster, riot, tumult, breach

of the peace, resistance of process, or the threat thereof, whenever called in aid of civil

authorities, or under martial law, or at encampments, whether ordered by state or

federal authorities, and includes the performance of any other duty requiring the entire

time of the organization or person, except when called or drafted into the federal

service by the president of the United States. The term includes service in case of, or

to prevent, insurrection, riot, or invasion under the order of the commander in chief

communicated through proper military channels.

3. "Adjutant general coin" means a coin or medallion bearing the state's adjutant

general's organization insignia or emblem.

4. "Armed forces" means army, marine corps, navy, air force, space force, and coast

guard.

5. "Disaster response coin" means a coin or medallion bearing a design to commemorate

the response during a state disaster or emergency.

6. "Military" means armed forces.

7. "Military forces of this state" means those individuals in the active militia.

8. "Militia" means a group of individuals defined in the Constitution of North Dakota.

9. "National guard" means that part of the military forces of this state which is organized,

equipped, and federally recognized under the provisions of the National Defense Act,

as amended, of the United States as the "national guard, air national guard, of the

United States and the state of North Dakota". The term includes also the term "national

guard of the state of North Dakota".

10. "On duty" includes periods of drill and of such other training and service as may be

required under state or federal law, regulation, or order.

11. "Reserve militia" consists of all those individuals who are subject to service in the

active militia and who are not serving in the national guard of this state.

12. "State active duty" means active service on behalf of the state under authority of the

governor at the expense of the state.

13. "State defense force" means the group of individuals in the reserve militia in state

active duty under chapter 37-12.1.

14. "Uniformed services" means the armed forces, national oceanic and atmospheric

administration commissioned officer corps, and the commissioned corps of the United

States public health service.
N.D. Cent. Code § 37-04-06 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-06
37-04-06. Duties of officer to devolve upon officer next in rank upon absence or disability
Status: in_force

37-04-06. Duties of officer to devolve upon officer next in rank upon absence or

disability.

The duties assigned to a designated officer by any provision of this title devolve, in case of

the absence or disability of such officer, upon the line officer next in rank who has been

designated by command of the officer named, except as otherwise provided in this title.
N.D. Cent. Code § 37-07.1-03 — ND Code / Title 37 / Chapter 37-07.1 / Section 37-07.1-03
37-07.1-03. Tuition waiver - Terms
Status: in_force

37-07.1-03. Tuition waiver - Terms

A qualifying member of the national guard who enrolls in any state-controlled school,

subject to rules adopted by the adjutant general, is entitled to receive a thirty-five percent waiver

of the tuition from the state-controlled school, conditioned on the adjutant general having

sufficient appropriations for tuition reimbursement under section 37-07.1-06.2. The tuition waiver

is valid only so long as the member of the national guard maintains satisfactory performance

with the guard, meets the qualification requirements of rules adopted by the adjutant general,

and pursues a course of study in a manner that satisfies the normal requirements of the school.
N.D. Cent. Code § 37-03-04 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-04
37-03-04. Assistance and expense of office - Payment of accounts
Status: in_force

37-03-04. Assistance and expense of office - Payment of accounts

The adjutant general may have such necessary clerks, instructors, caretakers, employees,

and laborers, within the limitations prescribed in appropriations made by the legislative

assembly from time to time, as may be required. The adjutant general shall determine national

guard membership requirements for employment. The expense of the adjutant general's

department, including the salary of the adjutant general and of the assistant adjutant general,

clerkhire, the cost of furniture, light, fuel, and postage, and other office expenses, must be paid

from the general fund by warrants drawn by the state auditor on the state treasurer upon the

order of the governor.
N.D. Cent. Code § 37-11-02 — ND Code / Title 37 / Chapter 37-11 / Section 37-11-02
37-11-02. Compensation for disability or death
Status: in_force

37-11-02. Compensation for disability or death

Applications for compensation for disability or death of any member of the militia or member

of the national guard under conditions as specified in section 37-11-01 must be made by such

member or the member's surviving dependents to workforce safety and insurance. The

organization shall process such application in the manner set forth in title 65 and shall make

determinations of eligibility and disability in the same manner and upon the same basis as

provided in such title. In the event the organization determines a member of the militia or

national guard has been disabled under the provisions of section 37-11-01 and title 65 or valid

claims of surviving dependents of such member exist in accordance with section 37-11-01 and

title 65, it shall pay the claim pursuant to title 65.
N.D. Cent. Code § 37-26-02 — ND Code / Title 37 / Chapter 37-26 / Section 37-26-02
37-26-02. Payment of adjusted compensation for domestic and foreign service
Status: in_force

37-26-02. Payment of adjusted compensation for domestic and foreign service

Each veteran is entitled to fifty dollars for each month or major fraction thereof for domestic

service and one hundred dollars for each month or major fraction thereof for foreign service. 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. 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 after April 1, 1991, but not later than six months after the end of

the period of service.
N.D. Cent. Code § 37-30-02 — ND Code / Title 37 / Chapter 37-30 / Section 37-30-02
37-30-02. Military impact zones
Status: in_force

37-30-02. Military impact zones

A military impact zone is a geographic zone extending from the perimeter of each military

base in the state, which requests the military compatibility committees to provide assistance

under this chapter. The outer boundary of each zone must be established by an assessment in

a compatible use study and contingent upon the missions of each military base.
N.D. Cent. Code § 37-02-07 — ND Code / Title 37 / Chapter 37-02 / Section 37-02-07
37-02-07. Composition of state staff corps and detachment - Vacancies
Status: in_force

37-02-07. Composition of state staff corps and detachment - Vacancies

The number and grade of officers and enlisted men in the state staff corps and detachment

must be as prescribed by federal law and regulations, but in case of war, invasion, insurrection,

or riot, or imminent danger thereof, the governor may increase such force temporarily to meet

such emergency. All appointed officers of the state staff corps and detachment must have had

previous military experience and shall hold their positions until they have reached the age of

sixty-four years unless retired prior to that time by reason of resignation, disability, or for cause

to be determined by an efficiency board or a court-martial legally convened for that purpose, as

the exigencies of the case may warrant. Vacancies among said officers must be filled by

appointment from the officers of the national guard or from other classes eligible under federal

law or regulation.
N.D. Cent. Code § 37-17.3-09 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-09
37-17.3-09. Public safety answering point service and fees
Status: in_force

37-17.3-09. Public safety answering point service and fees

The division may provide primary public safety answering point services to a political

subdivision that has a population of fewer than twenty-five thousand at the time an agreement is

signed for services with the division. The division shall charge the apportioned amount

consistent with the actual costs of providing the primary service per telephone access line and

wireless access line. The fee for primary public safety answering point services must be

charged to and paid by the political subdivision receiving services from the division under this

section from and after the date of the agreement entered into by the political subdivision or its

designee under section 57-40.6-05. The division may provide primary public safety answering

point services and other public safety answering point related services during emergencies and

other times of need as agreed in a mutual aid agreement. Charges for services must be

specified in the mutual aid agreement. Each political subdivision currently receiving primary

public safety answering point services from the division shall abide by the standards established

by law.
N.D. Cent. Code § 37-11-03 — ND Code / Title 37 / Chapter 37-11 / Section 37-11-03
37-11-03. Pension to widow and minor children of member of militia or national guard
Status: repealed

37-11-03. Pension to widow and minor children of member of militia or national guard

Repealed by S.L. 1965, ch. 256, § 6.
N.D. Cent. Code § 37-03-16 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-16
37-03-16. Adjutant general - Provision of funding - Source
Status: in_force

37-03-16. Adjutant general - Provision of funding - Source

The adjutant general shall pay all expenses incurred by the state to participate in the

compact on educational opportunity for military children, including the reimbursement of actual

and necessary expenses incurred by members of the state council, from the operating

expenses line item in the appropriation bill for the adjutant general, as approved by the

legislative assembly.
N.D. Cent. Code § 37-17.3-02 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-02
37-17.3-02. Statewide interoperable radio network
Status: in_force

37-17.3-02. Statewide interoperable radio network

The chief information officer of the information technology department may purchase the

necessary apparatus and equipment to construct or establish a statewide interoperable radio

network for this state which enables seamless interoperable communications from local, state,

and federal levels. However, the chief information officer may not use state funds including

resources from the statewide interoperable radio network fund for dispatch consoles,

connectivity, and associated necessary software, equipment, or services to support a public

safety answering point unless these items are intended for use by a state agency or state

department. The chief information officer is charged with the operation and maintenance of the

statewide interoperable radio network as directed by the statewide interoperability executive

committee.
N.D. Cent. Code § 37-11-05 — ND Code / Title 37 / Chapter 37-11 / Section 37-11-05
37-11-05. Pension examiners and examining boards - Appointment - Powers and duties
Status: repealed

37-11-05. Pension examiners and examining boards - Appointment - Powers and

duties.

Repealed by S.L. 1965, ch. 256, § 6.
N.D. Cent. Code § 37-15-00.1 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-00.1
37-15-00.1. Domiciliary care defined
Status: repealed

37-15-00.1. Domiciliary care defined

Repealed by S.L. 1993, ch. 361, § 5.
N.D. Cent. Code § 37-07-03 — ND Code / Title 37 / Chapter 37-07 / Section 37-07-03
37-07-03. Enlisted men to sign contract of enlistment and subscribe to oath
Status: in_force

37-07-03. Enlisted men to sign contract of enlistment and subscribe to oath

Individuals enlisting in the national guard of this state shall sign an enlistment contract and

subscribe the following oath of enlistment:

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, for the period of

three years (or one year ______,) under the conditions prescribed by law, 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 of 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 § 37-10-04 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-04
37-10-04. Use of armories by other organizations - Regulations governing
Status: in_force

37-10-04. Use of armories by other organizations - Regulations governing

The use of armories for the regular meetings or functions of patriotic societies or recognized

military service organizations holding charters from Congress or incorporated in this state must

be granted by the adjutant general or by the officer in charge of any armory at such times and

under such circumstances as not to interfere with the use of the armory for military purposes by

the company or companies quartered therein. The use of an armory by a society or organization

is subject to the rules and regulations in force governing the use of armories.
N.D. Cent. Code § 37-14-03.5 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-03.5
37-14-03.5. Interest and income from postwar rehabilitation fund to become part of revolving fund
Status: repealed

37-14-03.5. Interest and income from postwar rehabilitation fund to become part of

revolving fund.

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-04-18 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-18
37-04-18. Retired officer subject to orders of commander in chief only
Status: in_force

37-04-18. Retired officer subject to orders of commander in chief only

The officers on the retired list are subject to detail for duty only by orders from the

commander in chief, who shall cause to be issued such orders as the commander in chief

deems necessary detailing them for duty upon boards of officers for military purposes,

courts-martial, and courts of inquiry, and for such other military duties as in the commander in

chief's judgment may be advisable. If officers on the retired list are detailed for active duty other

than upon boards of officers, courts-martial, and courts of inquiry, they are entitled only to the

rank which properly belongs to the office, the duties of which they are detailed to perform. When

the duty ends, or the detail is canceled, the officer shall return again to the retired list with the

officer's former retired rank.
N.D. Cent. Code § 37-01-44 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-44
37-01-44. Reimbursement of certain medical expenses for North Dakota national guard members
Status: in_force

37-01-44. Reimbursement of certain medical expenses for North Dakota national

guard members.

The North Dakota national guard is authorized to pay medical expenses for national guard

members who are called to state active duty when the member sustains an injury or illness that

is found to have occurred within the line of duty and is not covered by workforce safety and

insurance. Payments shall be made only for costs not covered by other health insurance.

Coverage of qualifying medical expenses is subject to rules set forth by the office of the adjutant

general and subject to available funds.
N.D. Cent. Code § 37-18.1-04 — ND Code / Title 37 / Chapter 37-18.1 / Section 37-18.1-04
37-18.1-04. Committee members not to receive compensation - Expenses permitted
Status: in_force

37-18.1-04. Committee members not to receive compensation - Expenses permitted

Committee members may not receive any compensation for the performance of their official

duties. Voting members may be reimbursed for travel expenses and meals and lodging

expenses in connection with their official duties at the same rate and in the same manner as are

elected officials and employees of the state, with payment to be made by the department of

veterans' affairs and the veterans' home to each of their respective subcommittee members

incurring the expenses. The payment must be made by warrant-check drawn by the office of

management and budget upon the submission of a proper voucher to it, signed by the

commissioner of veterans' affairs or the administrator of the veterans' home, as the case may

be.
N.D. Cent. Code § 37-17.1-18 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-18
37-17.1-18. Appropriations and authority to accept services, gifts, grants, and loans
Status: in_force

37-17.1-18. Appropriations and authority to accept services, gifts, grants, and loans

1. Each county or city has the power to make appropriations in the manner provided by

law for making appropriations for the ordinary expenses of such county or city for the

payment of expenses of its local emergency management organization.

2. Whenever the federal government or any agency or officer thereof or any person, firm,

corporation, or limited liability company offers to the state, or through the state to any

county or city thereof, services, equipment, supplies, materials, or funds by way of gift,

grant, or loan, for purposes of emergency management, the state, acting through the

governor or the emergency management director, or such county or city, acting

through its executive officer or governing body, may accept such offer and may

authorize any officer of the state, county, or city, as the case may be, to receive such

services, equipment, supplies, materials, or funds on behalf of the state or such county

or city, and subject to the terms of the offer and the rules and regulations, if any, of the

agency making the offer.
N.D. Cent. Code § 37-14-03.1 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-03.1
37-14-03.1. Additional appropriation for 1945
Status: repealed

37-14-03.1. Additional appropriation for 1945

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-01-02 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-02
37-01-02. Armed military force from another state entering this state for military duty prohibited - Exceptions
Status: in_force

37-01-02. Armed military force from another state entering this state for military duty

prohibited - Exceptions.

No armed military force from another state, territory, or district may enter this state for the

purpose of doing military duty herein without the permission of the governor, unless such force

is a part of the United States army or is acting under the authority of the United States of

America.
N.D. Cent. Code § 37-10-06 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-06
37-10-06. Transfer of motor storage buildings
Status: repealed

37-10-06. Transfer of motor storage buildings

Repealed by S.L. 1979, ch. 390, § 6.
N.D. Cent. Code § 37-07-01 — ND Code / Title 37 / Chapter 37-07 / Section 37-07-01
37-07-01. Original enlistments in national guard - Qualifications
Status: in_force

37-07-01. Original enlistments in national guard - Qualifications

Any person who is a citizen of the United States, or who has declared the person's intention

to become a citizen, if within the ages set forth in the National Defense Act of 1920, as

amended, able-bodied, free from disease, of good character, and of temperate habits, may be

originally enlisted in the national guard of this state under the restrictions contained in this title

for a term of not less than three years and as provided by national guard regulations

promulgated by the secretary of defense.
N.D. Cent. Code § 37-28-08 — ND Code / Title 37 / Chapter 37-28 / Section 37-28-08
37-28-08. Duty of adjutant general - Finality of decisions - Questions of residence subject to court review
Status: in_force

37-28-08. 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 books, papers, records, cases, and

equipment used in the administration of this chapter 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 § 37-17.1-04 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-04
37-17.1-04. Definitions
Status: in_force

37-17.1-04. Definitions

As used in this chapter:

1. "Critical industry sectors" means any of the critical infrastructure sectors identified by

the United States government whose assets, systems, and networks, whether physical

or virtual, are considered so vital to the United States and the state that the sectors'

incapacitation or destruction would have a debilitating effect on security, economic

security, public health or safety, or any combination thereof.

2. "Disaster" means the occurrence of widespread or severe damage, injury, or loss of

life or property resulting from any natural or manmade cause, including fire, flood,

earthquake, severe high and low temperatures, tornado storm, wave action, chemical

spill, or other water or air contamination, epidemic, blight, drought, infestation,

explosion, riot, or hostile military or paramilitary action, or cyber attack which is

determined by the governor to require state or state and federal assistance or actions

to supplement the recovery efforts of local governments in alleviating the damage,

loss, hardship, or suffering caused thereby.

3. "Disaster or emergency worker" means any person performing disaster or emergency

responsibilities or duties at any place in this state subject to the order or control of, or

pursuant to a request of, the state government or any political subdivision.

4. "Emergency" means any situation that is determined by the governor to require state

or state and federal response or mitigation actions to protect lives and property, to

provide for public health and safety, or to avert or lessen the threat of a disaster.

Emergencies require an immediate supplement to local governments or aid to critical

industry sectors that provide essential lifeline services.

5. "Emergency management" means a comprehensive integrated system at all levels of

government and in the private sector which provides for the development and

maintenance of an effective capability to prevent, mitigate, prepare for, respond to, and

recover from known and unforeseen hazards or situations, caused by an act of nature

or man, which may threaten, injure, damage, or destroy lives, property, or our

environment.

6. "Homeland security" means a concerted national effort to prevent terrorist attacks

within the United States, reduce America's vulnerability to terrorism, and minimize the

damage and recover from attacks in the United States.

7. "Incident command system" means a standardized on-scene incident management

concept designated specifically to allow responders to adopt an integrated

organizational structure equal to the complexity and demands of any single incident or

multiple incidents without being hindered by jurisdictional boundaries.

8. "Mass care" means food, clothing, shelter, and other necessary and essential

assistance provided to a large number of affected people in response to, or recovery

from, a disaster or emergency.

9. "National incident management system" means a system that provides a consistent

nationwide approach for federal, state, and local governments to work effectively and

efficiently together to prepare for, respond to, and recover from domestic incidents

regardless of cause, size, or complexity.

10. "Wide area search and rescue" means the employment, coordination, and utilization of

available resources and personnel in activities occurring within large geographical

areas for the purpose of locating, relieving distress, and preserving the life of an

individual reported or believed to be lost, stranded, or deemed a high-risk missing

individual, and removing any survivor to a place of safety.
N.D. Cent. Code § 37-17.1-31 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-31
37-17.1-31. Hazard mitigation revolving loan fund - Department - Powers and duties - Administration
Status: in_force

37-17.1-31. Hazard mitigation revolving loan fund - Department - Powers and duties -

Administration.

The department of emergency services shall administer the hazard mitigation revolving loan

fund and has the following powers and duties:

1. Apply for and accept grants of money from the United States federal emergency

management agency or other federal agencies. Grant funds must be deposited in the

hazard mitigation revolving loan fund to be used for purposes authorized under the

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

Stat. 4869], including:

a. Provide loans or loan guarantees, or other financial assistance, to local

governments for projects eligible for assistance from the revolving loan fund.

b. If the bond proceeds are deposited in the revolving loan fund, act as a source of

revenue and security for the payment of principal and interest on bonds issued by

the state.

c. Provide other financial and technical assistance and to make any other

expenditure authorized under federal law.

d. Earn interest before the disbursement of financial or technical assistance.

e. Pay administrative expenses associated with the revolving loan fund as

authorized under the Safeguarding Tomorrow through Ongoing Risk Mitigation

Act [Pub. L. 116-284; 134 Stat. 4869].

2. Enter into contracts and other agreements to implement the hazard mitigation

revolving loan fund. The department may combine the financial administration of the

hazard mitigation revolving loan fund with the financial administration of the drinking

water treatment revolving loan fund established under section 61-28.1-11 and the

water pollution control revolving loan fund established under chapter 61-28.2.

3. Administer and disburse funds in accordance with the Safeguarding Tomorrow through

Ongoing Risk Mitigation Act [Pub. L. 116-284; 134 Stat. 4869].

4. Establish assistance priorities and expend grant funds pursuant to the priority list for

the hazard mitigation revolving loan fund.
N.D. Cent. Code § 37-17.5-03 — ND Code / Title 37 / Chapter 37-17.5 / Section 37-17.5-03
37-17.5-03. Notification by out-of-state business during and after disaster response period
Status: in_force

37-17.5-03. Notification by out-of-state business during and after disaster response

period.

1. An out-of-state business that enters this state for disaster or emergency remediation

work shall provide to the state agencies a statement that the business is in this state

for the sole purpose of responding to the disaster or emergency. The statement must

include the business name, out-of-state business name if applicable, state of domicile,

principal business address, federal tax identification number, date of entry into this

state, and contact information, including the out-of-state business's tax matters person.

An out-of-state business shall provide proof that its workers have workers'

compensation insurance to workforce safety and insurance.

2. A registered business in this state shall provide the information required in

subsection 1 for any out-of-state affiliate that enters this state.

3. Each state agency may develop procedures and issue forms or online processes to

carry out these administrative procedures and maintain and make available a record of

any designations made by an out-of-state business or out-of-state employee pursuant

to this chapter.
N.D. Cent. Code § 37-07.1-05 — ND Code / Title 37 / Chapter 37-07.1 / Section 37-07.1-05
37-07.1-05. Application for waiver
Status: in_force

37-07.1-05. Application for waiver

It is the responsibility of the member of the national guard to request the waiver of tuition

fees 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 waiver is requested, or

upon initial appointment into the national guard.
N.D. Cent. Code § 37-17.1-14.2 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-14.2
37-17.1-14.2. Interstate mutual aid agreements
Status: in_force

37-17.1-14.2. Interstate mutual aid agreements

1. This state may enter an interstate mutual aid agreement or compact with any state that

has enacted or shall enact the compact substantially in the form contained in section

37-17.1-14.5.

2. This state may enter the northern emergency management assistance compact with

any state or Canadian province that has enacted or shall enact the compact

substantially in the form contained in section 37-17.1-14.6.

3. This state may enter an interstate agreement with any state if the governor finds that

joint action with that state is desirable in meeting common intergovernmental problems

of emergency or disaster prevention, protection, mitigation, response, and recovery.

4. This state may enter intergovernmental arrangements with neighboring Canadian

provinces for the purpose of exchanging emergency or disaster resources. When

considered of mutual benefit, the governor may, subject to the limitations of law enter

such agreements.

5. If a person holds a license, certificate, or other permit issued by any state or political

subdivision evidencing the meeting of qualifications for professional, mechanical, or

other skills, the person may render aid involving that skill in this state to meet an

emergency or disaster, and this state shall give due recognition to the license,

certificate, or other permit.

6. All interstate mutual aid compacts and other interstate agreements, to which this state

is a party, dealing with emergency or disaster prevention, protection, mitigation,

response, and recovery must be reviewed and made current every four years.
N.D. Cent. Code § 37-01-38 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-38
37-01-38. National guard operating fund
Status: in_force

37-01-38. National guard operating fund

All income, collections, and reimbursements of the North Dakota national guard from the

United States and from armory rentals must be deposited in the state treasury and credited to a

national guard operating fund. The state treasurer, upon order of the director of the office of

management and budget, shall make semiannual transfers from the general fund appropriation

for the maintenance of the national guard to the national guard operating fund.
N.D. Cent. Code § 37-14-10 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-10
37-14-10. Committee may adopt rules
Status: in_force

37-14-10. Committee may adopt rules

The administrative committee on veterans' affairs may make and promulgate such

reasonable rules and regulations as may be necessary and proper to administer the provisions

of this chapter relating to the veterans' aid fund. In any hearings or action taken under the

provisions of this chapter, the provisions of chapter 28-32 do not apply.
N.D. Cent. Code § 37-14-18 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-18
37-14-18. County veterans' service officer - Appointment - Duties
Status: in_force

37-14-18. County veterans' service officer - Appointment - Duties

The board of county commissioners of each county of the state of North Dakota shall

appoint, employ, and pay, on a full-time or part-time basis, an officer to be known as a county

veterans' service officer. The veterans' affairs commissioner may work directly with county

veterans' service officers. An individual may serve as a county veterans' service officer in more

than one county. The appointment must be made with the prior advice of the commissioner of

veterans' affairs, and in accordance with veterans' preference as provided in section 37-19.1-02.

All county veterans' service officers must be accredited by the national association of county

veterans' service officers or the department of veterans' affairs within twelve months of

appointment or employment. It is the duty of the county veterans' service officer to become

acquainted with the laws, both state and federal, enacted for the benefit of returning servicemen

and servicewomen to assist the returning members of the armed forces in the presentation,

proof, and establishment of the claims, privileges, and rights members have. The county

veterans' service officer shall cooperate with and coordinate the activities of the state and

federal agencies within the county the officer serves to facilitate their operation and ensure

promptness in the solution of the problems concerned with the re-establishment of returning

servicemen and servicewomen in civilian pursuits. A county veterans' service officer may not

serve as a conservator for an individual receiving benefits or services from the department of

veterans' affairs or the United States department of veterans' affairs, except if the individual is

the spouse or an immediate family member of the officer.
N.D. Cent. Code § 37-15-01 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-01
37-15-01. Veterans' home - Where maintained
Status: in_force

37-15-01. Veterans' home - Where maintained

A veterans' home must be maintained at the city of Lisbon in the county of Ransom.
N.D. Cent. Code § 37-14-16.2 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-16.2
37-14-16.2. 1947 appropriation
Status: in_force

37-14-16.2. 1947 appropriation

Omitted.
N.D. Cent. Code § 37-19.1-02 — ND Code / Title 37 / Chapter 37-19.1 / Section 37-19.1-02
37-19.1-02. Public employment preference to veterans - Residency requirements
Status: in_force

37-19.1-02. Public employment preference to veterans - Residency requirements

1. Veterans are entitled to preference, over all other applicants, in recruitment and

selection processes by governmental agencies, provided that such veteran is a United

States citizen at the time of application for employment. Veterans qualified for

preference may not be disqualified from holding any position with an agency because

of physical or mental disability, unless the disability renders them unable to properly

perform the duties of the position applied for. To receive veterans' preference, an

applicant must submit the following documentation:

a. An applicant claiming veterans' preference shall provide a copy of report of

separation DD-214 or certification from the applicant's unit command that the

individual is expected to be discharged or released from active duty in the

uniformed services under other than dishonorable conditions not later than

one hundred twenty days after the date of the submission of the certification.

b. An applicant claiming disabled veterans' preference shall provide a copy of report

of separation DD-214 and a letter less than one year old from the veterans'

administration indicating the veteran's disability status.

c. An applicant claiming veterans' preference as an eligible spouse of a deceased

veteran shall provide a copy of the marriage certificate, the veteran's report of

separation DD-214, and the veteran's death certificate.

d. An applicant claiming disabled veterans' preference as an eligible spouse of a

disabled veteran shall provide a copy of the marriage certificate, the veteran's

report of separation DD-214, and a letter less than one year old from the

veterans' administration indicating the veteran's disability status.

2. When a veteran applies for employment to a position that is not being filled through a

competitive personnel system, the officer, board, or person whose duty it is to employ

an individual to fill the available position shall investigate the qualifications of the

veteran. If the veteran is found to possess the qualifications required for the position

applied for, whether educational or by way of prior experience, and is physically and

mentally able to perform the duties of the position applied for, the officer, board, or

person shall employ the veteran. A disabled veteran is entitled to a preference superior

to that given other veterans under this section, which preference must be accorded in

the manner provided in this section. If the group of eligible individuals includes either

veterans or disabled veterans, the employing authority of that particular agency or

governmental agency shall make a selection for the available position as follows:

a. A disabled veteran is first entitled to the position and, in the absence of justifiable

cause, documented in writing, for not making that selection, must be so

employed. If the list includes two or more disabled veterans, then the employing

authority shall fill the position from the group of eligible individuals to be

considered. The employing authority may further inquire into the qualifications of

each eligible individual from within that group through means including interviews,

background checks, and skills testing. A disabled veteran from the group of

eligible individuals is first entitled to the position and, in the absence of justifiable

cause, documented in writing, for not making that selection, must be so

employed.

b. If the group of eligible individuals does not include one or more disabled veterans

and consists only of veterans, then the employing authority shall fill the position

from the group of eligible individuals to be considered. The employing authority

may further inquire into the qualifications of each eligible individual from within

that group through means including interviews, background checks, and skills

testing. A veteran from the group of eligible individuals is first entitled to the

position and, in the absence of justifiable cause, documented in writing, for not

making that selection, must be so employed.

c. If the group of eligible individuals includes nonveterans and veterans, but not

disabled veterans, then the employing authority shall fill the position from the

group of eligible individuals to be considered. The employing authority may

further inquire into the qualifications of each eligible individual from within that

group through means including interviews, background checks, and skills testing.

A veteran from the group of eligible individuals is first entitled to the position and

must be employed unless there is justifiable cause that is documented in writing

for not employing that veteran.

3. When a veteran applies for employment to a position that is being filled through a

competitive personnel system, the officer, board, or person whose duty it is to employ

an individual to fill the available position shall investigate the qualifications of the

veteran. If the veteran is found to possess the qualifications required for the position

applied for, whether educational or by way of prior experience, and is physically and

mentally able to perform the duties of the position applied for, the officer, board, or

person shall employ the following:

a. No distinction or discrimination may be made in the administration of the

competitive personnel system examination because the applicant may be a

veteran.

b. Upon receipt of proof required in subsection 1, on a one hundred point scale, the

examiner shall add five points for a veteran and ten points for a disabled veteran

to the examination grade of the applicant. The total is the veteran's examination

score. If a scale other than a one hundred point scale is used, the examiner shall

add five percent of the scale used for a veteran and ten percent of the scale used

for a disabled veteran to the examination grade of the applicant. The total is the

veteran's examination score.

c. The employing authority shall designate a prescribed number of eligible

individuals to be considered from the top number of the group of eligible

candidates in rank order, from highest to lowest, based on the applicant's final

score.

d. The employing authority shall fill the position from the group of eligible individuals

to be considered. The employing authority may further inquire into the

qualifications of each eligible individual from within that group through means

including interviews, background checks, and skills testing.

4. This section does not apply when the position to be filled is that of an administrative

head of a department required by law or the chief deputy or private secretary of an

elected or appointed official. Temporary committees and individual or group

appointments made by the governor or legislative assembly are also excepted from

the provisions of this section. If an exempt position is advertised, the advertisement

must state that veterans' preference does not apply to the position being advertised.

5. An employee of a state agency is not eligible for preference when applying for a

different job within the same state agency or other state agencies. An employee of a

political subdivision is not eligible for preference when applying for a different job within

the same political subdivision.
N.D. Cent. Code § 37-27-05 — ND Code / Title 37 / Chapter 37-27 / Section 37-27-05
37-27-05. Method of payment - Deduction of sums due veterans' aid fund
Status: in_force

37-27-05. 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 the indebtedness and certify the

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 the 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 § 37-15-08 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-08
37-15-08. Subordinate officers - Appointment - Preference to veterans - Compensation - Removal
Status: in_force

37-15-08. Subordinate officers - Appointment - Preference to veterans -

Compensation - Removal.

The administrator of the veterans' home shall appoint all necessary subordinate officers of

the home. In the appointment of the officers, the preference afforded by chapter 37-19.1 must

be given to those persons who qualify for the preference. The administrator shall fix the

compensation of all subordinate officers, subject to legislative appropriation, and any officer may

be removed by the administrator for inefficiency or misconduct.
N.D. Cent. Code § 37-04-13 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-13
37-04-13. Pay of officers having administrative functions
Status: repealed

37-04-13. Pay of officers having administrative functions

Repealed by S.L. 2023, ch. 324, § 3.
N.D. Cent. Code § 37-17.1-14.3 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-14.3
37-17.1-14.3. Authority to join interstate mutual aid agreements - Interstate compacts
Status: in_force

37-17.1-14.3. Authority to join interstate mutual aid agreements - Interstate compacts

1. The governor, in the name of the state, may join with other states and Canadian

provinces in the interstate mutual aid agreement or compact.

2. The governor may negotiate and execute such supplemental agreements as may be

necessary and proper to fully carry out the terms and provisions of the mutual aid

agreements or compacts as set forth in sections 37-17.1-14.5 and 37-17.1-14.6.

3. The governor may deny the request of a requesting state or Canadian province as the

governor determines necessary.

4. Local emergency management organizations may enter interstate mutual aid

agreements with nearby political subdivisions or public response entities. Such

agreements are valid once filed with the department of emergency services.
N.D. Cent. Code § 37-14-11 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-11
37-14-11. Payment of expenses - Limitation
Status: in_force

37-14-11. Payment of expenses - Limitation

The department of veterans' affairs may expend for any purpose necessary to the proper

administration of this chapter sums not to exceed the amount appropriated therefor by the

legislative assembly. Vouchers must be issued in the manner provided in this chapter.
N.D. Cent. Code § 37-17.4-05 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-05
37-17.4-05. Recognition of volunteer health practitioners licensed in other states
Status: in_force

37-17.4-05. Recognition of volunteer health practitioners licensed in other states

1. During an emergency, a volunteer health practitioner, registered with a registration

system that complies with section 37-17.4-04 and licensed and in good standing in the

state upon which the practitioner's registration is based, may practice in this state to

the extent authorized by this chapter as if the practitioner were licensed in this state.

2. A volunteer health practitioner qualified under subsection 1 is not entitled to the

protections of this chapter if the practitioner is licensed in more than one state and any

license of the practitioner is suspended, revoked, or subject to an agency order limiting

or restricting practice privileges, or has been voluntarily terminated under threat of

sanction.
N.D. Cent. Code § 37-17.1-25 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-25
37-17.1-25. Intrastate mutual aid
Status: repealed

37-17.1-25. Intrastate mutual aid

Repealed by S.L. 2009, ch. 308, § 2.
N.D. Cent. Code § 37-14-01 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-01
37-14-01. Veterans' aid commission - Appointment - Qualifications - Secretary
Status: repealed

37-14-01. Veterans' aid commission - Appointment - Qualifications - Secretary

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-17.1-28 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-28
37-17.1-28. Wide area search and rescue activities - Powers and duties of local officials - Costs
Status: in_force

37-17.1-28. Wide area search and rescue activities - Powers and duties of local

officials - Costs.

1. The chief law enforcement officer of each political subdivision is responsible for local

wide area search and rescue activities. The operation of a wide area search and

rescue activity must be in accordance with state and local operations plans adopted by

the governing body of each subdivision. A state or local operations plan must specify

the use of the incident command system for a multiagency or multijurisdictional search

and rescue operation. The local emergency management director shall notify the

department of emergency services of each wide area search and rescue mission. The

local emergency management director shall work in a coordinating capacity directly

supporting all wide area search and rescue activities in that political subdivision and in

registering each emergency search and rescue worker for employee status. The chief

law enforcement official of each political subdivision may restrict access to a specific

search and rescue area to personnel authorized by the chief law enforcement official.

Access may be restricted only for the time necessary to accomplish the search and

rescue mission. An unauthorized person may not interfere with a search and rescue

mission.

2. If a search and rescue activity results in the discovery of a deceased individual or if

any search and rescue worker assists in the recovery of human remains, the chief law

enforcement official of the political subdivision shall ensure compliance with chapter

11-19.1.

3. Upon authorization by the governor and approval of costs by the director of the

division of homeland security and emergency management, expenses incurred in

meeting a contingency or emergency arising from a wide area search and rescue

operation may be reimbursed under section 37-17.1-22 or 37-17.1-27.
N.D. Cent. Code § 37-09-01 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-01
37-09-01. Military courts
Status: in_force

37-09-01. Military courts

The military courts of this state for the national guard are:

1. General courts-martial.

2. Special courts-martial.

3. Summary courts-martial.
N.D. Cent. Code § 37-12.1-04 — ND Code / Title 37 / Chapter 37-12.1 / Section 37-12.1-04
37-12.1-04. Maintenance of a state defense force
Status: in_force

37-12.1-04. Maintenance of a state defense force

The governor may enter agreements with the United States for funds, equipment, supplies,

training, and other items necessary for the proper maintenance of a state defense force. The

governor may also provide, or arrange for, facilities necessary for a state defense force,

including public buildings.
N.D. Cent. Code § 37-17.1-02.3 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-02.3
37-17.1-02.3. Criminal history record checks
Status: in_force

37-17.1-02.3. Criminal history record checks

The department of emergency services may require a final applicant for employment to

submit to statewide and nationwide criminal history record checks. The nationwide criminal

history record check must be conducted in the manner provided by section 12-60-24.
N.D. Cent. Code § 37-01-18 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-18
37-01-18. Officer or soldier of national guard making false certificate or return - Misdemeanor
Status: repealed

37-01-18. Officer or soldier of national guard making false certificate or return -

Misdemeanor.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 37-15-21 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-21
37-15-21. Administrator may accept gifts, donations, or bequests
Status: in_force

37-15-21. Administrator may accept gifts, donations, or bequests

The administrator for and in behalf of the veterans' home may accept and expend funds

from any source, including federal or private sources and donations, gifts, or bequests offered or

tendered to, or for the benefit of, the veterans' home to be used to benefit the veterans' home.

All moneys received or accepted must be used for the specific purposes for which they were

given or donated. This authority applies and is retroactive to any or all gifts, donations, or

bequests already tendered, offered, or made. The veterans' home may establish and maintain

its own local fund to administer moneys received under this section. All interest, rent, or income

from moneys or property received under this section must be deposited in the veterans' home

operating fund unless by the terms of acquisition the moneys are required to be maintained in a

different manner.
N.D. Cent. Code § 37-04-16 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-16
37-04-16. Retirement and discharge of national guard officers
Status: in_force

37-04-16. Retirement and discharge of national guard officers

Any officer of the national guard who has federal recognition removed due to age, as

proscribed by federal law, must be placed on the retired list by the governor. Any officer who has

served as such under a commission in the military service of this state for a continuous period of

eight years may be placed, at the officer's own request, upon the retired list with an advance in

grade and withdrawn from active service and command by the governor. A commissioned officer

must be withdrawn from active service and placed upon the retired list whenever the officer

becomes disabled and incapable of performing the duties of the officer's office. A commissioned

officer, upon the recommendation of the officer's commanding officer or of an inspecting officer,

must be placed by the governor upon the retired list whenever the officer becomes unfit or

incompetent for service and thereby incapable of performing the duties of the officer's office.

The governor, however, may not order the retirement of an officer until the provisions of section

37-04-17 have been complied with. Vacancies in the commissioned personnel of the national

guard caused by the operation of this section must be filled in the same manner as other

vacancies in the commissioned personnel are filled.
N.D. Cent. Code § 37-07.3-02 — ND Code / Title 37 / Chapter 37-07.3 / Section 37-07.3-02
37-07.3-02. National guard training area and facility development trust fund - Investment and income
Status: in_force

37-07.3-02. National guard training area and facility development trust fund -

Investment and income.

The national guard training area and facility development trust fund consists of moneys

transferred or credited to the fund, pursuant to this chapter and provisions of other laws. The

state investment board shall invest the fund as authorized by section 21-10-07. All interest

earned and income received on the investments accrue to the fund.
N.D. Cent. Code § 37-17.5-01 — ND Code / Title 37 / Chapter 37-17.5 / Section 37-17.5-01
37-17.5-01. Definitions
Status: in_force

37-17.5-01. Definitions

As used in this chapter:

1. "Critical infrastructure" means real and personal natural gas, electrical, and

telecommunication transmission property so vital to the state that the incapacity or

destruction of that natural gas, electrical transmission or distribution system, or

telecommunications transmission system would have a debilitating impact on public

health or safety and the economic and physical security of the state or region.

2. "Declared state disaster or emergency" means a disaster or emergency event for

which a:

a. Disaster or emergency has been declared by the governor; or

b. Presidential declaration of a federal major disaster or emergency has been

issued.

3. "Disaster or emergency remediation work" means repair or replacement of critical

infrastructure that has been, or is under threat of being damaged, impaired, or

destroyed by the declared state disaster or emergency.

4. "Disaster response period" means a period that begins ten days before, and ends sixty

calendar days after, the declared state disaster or emergency and includes any

extension of that time provided by executive order of the governor.

5. "Out-of-state business" means a business entity, including an out-of-state business

affiliated solely through common ownership with a business registered in this state,

which did not have a business presence in this state before the disaster remediation

period and which is in this state to perform disaster or emergency remediation work at

the request of a requesting entity.

6. "Out-of-state employee" means an employee who is not a North Dakota resident

employed by an out-of-state business.

7. "Registered business" means a business entity registered to do business in this state

before the declared state disaster or emergency.

8. "Requesting entity" means an officer or agency of this state, a political subdivision, or a

business registered in this state.

9. "State agency" means job service North Dakota, the secretary of state, the tax

commissioner, or workforce safety and insurance.
N.D. Cent. Code § 37-15-22 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-22
37-15-22. Telephone services
Status: in_force

37-15-22. Telephone services

Notwithstanding any other provision of law, the veterans' home may purchase or arrange for

independent third-party telephone services.
N.D. Cent. Code § 37-01-39 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-39
37-01-39. Expenditure of funds
Status: in_force

37-01-39. Expenditure of funds

All expenditures of funds for the maintenance and operation of the national guard and the

office of the adjutant general must be made upon vouchers signed and approved by the adjutant

general or such other officer or official as may be designated by the adjutant general. Upon

approval of such vouchers by the office of the budget, warrant-checks must be prepared by the

office of management and budget for signature by the state auditor and state treasurer in

accordance with such approved vouchers.
N.D. Cent. Code § 37-15-14 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-14
37-15-14. Veterans' home operating fund - Moneys for the maintenance of the veterans' home to be deposited with state treasurer
Status: in_force

37-15-14. Veterans' home operating fund - Moneys for the maintenance of the

veterans' home to be deposited with state treasurer.

A special fund, to be known as the veterans' home operating fund, must be maintained in

the state treasury. Moneys arising from the interest received on money derived from the sale of

lands appropriated for the support of the home and from the rental of these lands, moneys

received from the United States for the support and maintenance of the home, and all other

moneys, income, and collections of public funds arising from any other source or endeavor of

the home, except as provided for in section 37-15-21, must be placed in the veterans' home

operating fund for the use and maintenance of the veterans' home.
N.D. Cent. Code § 37-07.1-01 — ND Code / Title 37 / Chapter 37-07.1 / Section 37-07.1-01
37-07.1-01. Legislative intent and purpose
Status: in_force

37-07.1-01. Legislative intent and purpose

The purpose of this chapter is to recognize the vital role of the national guard in the state.

While the national guard is subject to federal control during periods of national emergency, it is

organized, trained, and equipped to perform military functions and to aid civil authorities in the

protection of life and property while it is subject to the control of the state.

The purpose of this chapter is to encourage voluntary membership in the guard, improve

the educational level of its members, and thereby benefit the state as a whole.
N.D. Cent. Code § 37-12.1-02 — ND Code / Title 37 / Chapter 37-12.1 / Section 37-12.1-02
37-12.1-02. Establishment of a state defense force
Status: in_force

37-12.1-02. Establishment of a state defense force

The governor may, by proclamation, establish a state defense force in the event that more

than one-half of the units of the North Dakota national guard are called to active federal service

and may in advance of such call establish a cadre of such defense force.
N.D. Cent. Code § 37-07.2-01.1 — ND Code / Title 37 / Chapter 37-07.2 / Section 37-07.2-01.1
37-07.2-01.1. National guard member grants - Eligibility for use for out-of-state postsecondary education institutions - Terms - Report
Status: in_force

37-07.2-01.1. National guard member grants - Eligibility for use for out-of-state

postsecondary education institutions - Terms - Report.

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

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

education institution which is located outside of the state, may receive a grant in an

amount not to exceed one hundred percent of 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 with the highest tuition and fee rate.

2. The adjutant general shall adopt regulations for distributing grants under this section

and establishing qualification requirements for grant recipients.

3. A member of the national guard may receive a grant under this section if the member

maintains satisfactory performance with the national guard, meets the qualification

requirements of the regulations adopted under this section, and pursues a course of

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

member is enrolled.

4. For purposes of this section, "out-of-state" includes any online or remote course of

study offered by an accredited postsecondary education institution located outside the

state of North Dakota.

5. Before June 1, 2024, the national guard shall provide a report to the legislative

management regarding tuition grant usage, including the number of grants awarded

for the use at out-of-state institutions and grants awarded for online or remote

coursework.
N.D. Cent. Code § 37-17.1-20 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-20
37-17.1-20. Community disaster loans
Status: in_force

37-17.1-20. Community disaster loans

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

presidentially declared "major disaster", a program of community disaster loans in those cases

when communities are unable to meet or provide for their essential governmental functions.

Upon the governor's determination that a local government of the state will suffer a substantial

loss of tax and other revenues from a disaster and has demonstrated a need for financial

assistance to perform its governmental functions, the governor may apply to the federal

government, on behalf of the local government, for a loan and receive and disburse the

proceeds of any approved loan to any applicant local government.

The governor may:

1. Determine the amount needed by any applicant local government to restore or resume

its governmental functions and certify the same to the federal government. No

application amount may exceed twenty-five percent of the annual operating budget of

the applicant for the fiscal year in which the disaster occurs.

2. Recommend to the federal government, based upon the governor's review, the

cancellation of all or any part of repayment when, within three fiscal years following the

disaster, the revenues of the local government are insufficient to meet its operating

expenses, including additional disaster-related expenses of a county or city.
N.D. Cent. Code § 37-01-25 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-25
37-01-25. Officers and employees of state or political subdivisions in national guard or federal service to retain status for period of active service or any military duty
Status: in_force

37-01-25. Officers and employees of state or political subdivisions in national guard

or federal service to retain status for period of active service or any military duty.

1. For purposes of this section, "officer or employee" means:

a. A member of the national guard;

b. A member of the armed forces reserve of the United States of America;

c. An individual subject to call in the federal service by the president of the United

States; or

d. An individual who volunteers for federal service.

2. An officer or employee of the state or a political subdivision, when ordered by proper

authority to active noncivilian employment for any military duty, is entitled to a leave of

absence from the civil service for the period of the active service or military duty

including traveling to and from a duty station without loss of status or efficiency rating.

3. If the individual has been in the employ of the state or political subdivision immediately

preceding the leave of absence, the individual is entitled to twenty workdays each

calendar year without loss of pay.

4. A leave of absence necessitated by a full or partial mobilization of the reserve and

national guard forces of the United States of America, or emergency state active duty,

must be without loss of pay for the first thirty days of the absence less any other paid

leave of absence which may have been granted during the calendar year in

accordance with this section.

5. If leave is required for any military duty or travel to and from a duty station on a day in

which a public officer or employee is scheduled to perform the work of the state or of a

political subdivision, the officer or employee must be given the option of:

a. Time off with a concurrent loss of pay for the period missed;

b. Use of leave of absence without loss of pay for the period missed; or

c. Opportunity to reschedule the workperiod so the reserve or national guard military

duty or travel to and from a duty station occurs during time off from work without

loss of status or efficiency rating.
N.D. Cent. Code § 37-26-07 — ND Code / Title 37 / Chapter 37-26 / Section 37-26-07
37-26-07. Duty of adjutant general - Finality of decisions - Questions of residence subject to court review
Status: in_force

37-26-07. 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 books, papers, records, cases, and

equipment 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 § 37-14-16 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-16
37-14-16. Appropriation
Status: in_force

37-14-16. Appropriation

Omitted.
N.D. Cent. Code § 37-04-02 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-02
37-04-02. Commissioned officer of national guard to be examined
Status: in_force

37-04-02. Commissioned officer of national guard to be examined

Any person appointed and commissioned an officer of the national guard shall successfully

pass such tests as to the person's physical, moral, and professional fitness as shall be

prescribed by federal law, and the examination to determine the person's qualifications for a

commission also shall be as prescribed by federal law.
N.D. Cent. Code § 37-04-05 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-05
37-04-05. Bond of officer
Status: repealed

37-04-05. Bond of officer

Repealed by S.L. 1983, ch. 389, § 2.
N.D. Cent. Code § 37-15-13 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-13
37-15-13. Treasurer to receive and deposit federal aid money
Status: in_force

37-15-13. Treasurer to receive and deposit federal aid money

The state treasurer shall receive and receipt for all money which may become payable to

this state by reason of the acceptance of the Acts of Congress as provided in section 37-15-12.

The state treasurer shall deposit such money to the credit of the veterans' home operating fund

for the use and benefit of the veterans' home.
N.D. Cent. Code § 37-18-03 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-03
37-18-03. Advisory committee
Status: repealed

37-18-03. Advisory committee

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-14-15 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-15
37-14-15. Rehabilitation fund expended as directed by legislative assembly
Status: repealed

37-14-15. Rehabilitation fund expended as directed by legislative assembly

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-17.1-18.1 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-18.1
37-17.1-18.1. Crisis relocation plans - Public expenditures prohibited
Status: in_force

37-17.1-18.1. Crisis relocation plans - Public expenditures prohibited

The expenditure of or authorization for an expenditure by any official or employee of the

state or any political subdivision of the state of any funds, whether derived from the state,

federal government, or any other source, for the purpose of planning, developing, or

implementing any type of crisis relocation program or plan, the primary purpose of which is to

effect a mass evacuation of this state's civilian population in the event of the threat of nuclear

war, is prohibited. This section does not prohibit the use of state, federal, or other funds for other

disaster planning needs and activities as authorized by law.
N.D. Cent. Code § 37-03-13 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-13
37-03-13. Adjutant general to control military installations - Maintenance fund - Insurance
Status: in_force

37-03-13. Adjutant general to control military installations - Maintenance fund -

Insurance.

1. The adjutant general of the state of North Dakota has full control of Camp Gilbert C.

Grafton, Ramsey County, Fraine Barracks, Burleigh County, national guard air base

facilities constituting a portion of Hector Airfield in Cass County, all in North Dakota and

such other real property, installations, and facilities that may be acquired or leased by

this state or the office of the adjutant general for military purposes. All moneys

received from the sale of timber, stone, agricultural products, or other material taken

from the properties and the proceeds of any leases or subleases thereof and other

proceeds from the sale of military property must be paid into the state treasury, and

kept as a separate fund and are hereby appropriated for the improvement of the

properties for military uses and must be paid out upon proper vouchers approved by

the adjutant general in accordance with the act of Congress granting the lands,

installations, or facilities to the state of North Dakota or as otherwise authorized by law.

2. The adjutant general, after consultation with the office of management and budget,

shall insure in full or in part with the state fire and tornado fund in accordance with

chapter 26.1-22 the buildings, installations, and facilities or their contents as the

adjutant general determines to be in the best interests of the state. The adjutant

general may not insure buildings or property that are subject to replacement by the

United States.
N.D. Cent. Code § 37-01-23 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-23
37-01-23. Custom and usage of the armed forces of the United States to govern national guard
Status: in_force

37-01-23. Custom and usage of the armed forces of the United States to govern

national guard.

All matters relating to the organization, discipline, and government of the national guard, not

otherwise provided for in this title or in the general regulations, must be decided by the custom

and usage of the armed forces of the United States.
N.D. Cent. Code § 37-07.3-04 — ND Code / Title 37 / Chapter 37-07.3 / Section 37-07.3-04
37-07.3-04. Payments in lieu of real estate taxes
Status: in_force

37-07.3-04. Payments in lieu of real estate taxes

For land acquired under this chapter, the adjutant general shall make payments in lieu of

real estate taxes to the counties in which the property is located in the same manner and

according to the same conditions and procedures as provided in chapter 57-02.1 for payments

in lieu of real estate taxes by the director of the game and fish department, except no county

may receive less in payments under this section for any parcel or tract of land for any year than

the county received in real estate taxes for the last year in which the land was taxable.
N.D. Cent. Code § 37-17.3-01 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-01
37-17.3-01. Definitions
Status: in_force

37-17.3-01. Definitions

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

1. "Director" means the director of the division of the state emergency communications

center.

2. "Division" means the division of the state emergency communications center of the

department of emergency services.

3. "Mobile radio" means a radio capable of transmitting eleven watts or greater.

4. "System" means the state radio broadcasting system consisting of the state radio

network and North Dakota telecommunications system that may be employed to

enhance interoperable communications that promotes officer and citizen safety.
N.D. Cent. Code § 37-11-06 — ND Code / Title 37 / Chapter 37-11 / Section 37-11-06
37-11-06. Striking pensioners from pension rolls and changing pension awarded
Status: repealed

37-11-06. Striking pensioners from pension rolls and changing pension awarded

Repealed by S.L. 1979, ch. 392, § 3.
N.D. Cent. Code § 37-01-20 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-20
37-01-20. Penalty for resisting when state of insurrection exists
Status: in_force

37-01-20. Penalty for resisting when state of insurrection exists

In a place declared by proclamation of the governor to be in a state of insurrection, any

person who shall:

1. Resist the execution of process;

2. Aid the rescue or escape of another from lawful custody or confinement; or

3. Resist a force ordered out by the governor to quell or suppress an insurrection,

is guilty of a class C felony.
N.D. Cent. Code § 37-17.1-12 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-12
37-17.1-12. Compensation - Entitlement - Time - Amount
Status: in_force

37-17.1-12. Compensation - Entitlement - Time - Amount

1. Persons within this state shall conduct themselves and keep and manage their affairs

and property in ways that will reasonably assist and will not unreasonably detract from

the ability of the state and the public to effectively prevent, mitigate, prepare for,

respond to, and recover from a disaster or emergency. This obligation includes

appropriate personal service and use or restriction on the use of property in time of

disaster or emergency. This chapter neither increases nor decreases these obligations

but recognizes their existence under the Constitution of North Dakota and statutes of

this state and the common law. Compensation for services or for the taking or use of

property must be only to the extent that obligations recognized herein are exceeded in

a particular case and then only to the extent that the claimant may not be deemed to

have volunteered that person's services or property without compensation.

2. Personal services may not be compensated by the state or any county or city thereof,

except pursuant to statute or local law or ordinance.

3. Compensation for property may be paid if the property was commandeered or

otherwise used in management of a disaster or emergency declared under proper

authority to the extent not otherwise waived or agreed upon before the use of property.

4. A claim made against a county or city must be made in writing to the appropriate

governing body within two years after the use, damage, loss, or destruction of the

property under proper authority is discovered or reasonably should have been

discovered, may only be for actual damages not recovered from claimants' property or

other applicable insurance, and may be paid from any combination of funds provided

under section 40-22-01.1, disaster relief funds made available to a county or city for

this purpose, or other funds at the discretion of the governing body. A city or county

may establish reasonable provisions for the payment of compensation.

5. Any person claiming compensation for the use, damage, loss, or destruction of

property by the state under this chapter shall file a written claim therefor with the office

of management and budget in the form and manner required by the office. The claim

for compensation must be received by the office of management and budget within

two years after the use, damage, loss, or destruction of the property pursuant to the

governor's order under section 37-17.1-05 is discovered or reasonably should have

been discovered or compensation under this chapter is waived.

6. Unless the amount of compensation on account of property damaged, lost, or

destroyed is agreed between the claimant and the office of management and budget,

the amount of compensation must be calculated in the same manner as compensation

due for a taking of property pursuant to the condemnation laws of this state.
N.D. Cent. Code § 37-28-02 — ND Code / Title 37 / Chapter 37-28 / Section 37-28-02
37-28-02. Definitions
Status: in_force

37-28-02. 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 after December 5, 1992, for which the

veteran received an armed forces expeditionary medal or campaign badge or

performed service overseas in direct support to the global war on terror.

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 December 5, 1992, and ending

June 30, 2021.

7. a. "Resident" means a veteran who was a bona fide resident of the state of North

Dakota at the time of mobilization or, in the case of an active component member,

at the time of deployment for which the member received an expeditionary medal

or campaign badge, as determined under the rules of the adjutant general and

the laws of this state. "Resident" includes all mobilized members of the North

Dakota national guard.

b. "Veteran" means, for eligibility purposes, a member of the national guard or

reserve component who was activated under 10 U.S.C. 12301, as effective, in

effect on October 28, 2004 and 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, or active component member awarded the expeditionary medal or

campaign badge for service after December 5, 1992, 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 § 37-01-33 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-33
37-01-33. Saving of rights accrued
Status: in_force

37-01-33. Saving of rights accrued

All contracts, pensions, commissions, leases, agreements, and similar actions taken, made,

or entered into under previous statutes which, by their nature, custom, or usage, were

continuing in effect remain in full force and effect.
N.D. Cent. Code § 37-19.1-03 — ND Code / Title 37 / Chapter 37-19.1 / Section 37-19.1-03
37-19.1-03. Preferences to be granted veterans' spouses
Status: in_force

37-19.1-03. Preferences to be granted veterans' spouses

1. The unremarried spouse of a veteran who died while in service, or later died from a

service-connected cause or causes, is entitled, if the person is otherwise qualified, to

the employment preference given to a veteran under section 37-19.1-02 in the manner

provided therein.

2. The spouse of a disabled veteran, who has a one hundred percent service-connected

disability as determined by the department of veterans' affairs, or who has an extra-

schedular rating to include individual unemployability which results in the veteran

being paid at the one hundred percent rate as determined by the department of

veterans' affairs, is, if the disabled veteran is unable to exercise the veteran's right to a

veteran's employment preference due to the veteran's disability, entitled, if the person

is otherwise qualified, to the employment preference given to a veteran under section

37-19.1-02 in the manner provided therein.
N.D. Cent. Code § 37-18-07 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-07
37-18-07. Commissioner - Appointment - Qualifications - Term - Salary
Status: in_force

37-18-07. Commissioner - Appointment - Qualifications - Term - Salary

The appointment, qualifications, term of office, and salary of the commissioner must be as

prescribed by the governor. The commissioner must be allowed such amounts for travel,

clerkhire, and expenses as may be prescribed from time to time by legislative appropriations.
N.D. Cent. Code § 37-10-03.1 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-03.1
37-10-03.1. Sale of portions of Fraine Barracks
Status: repealed

37-10-03.1. Sale of portions of Fraine Barracks

Repealed by S.L. 1991, ch. 379, § 2.
N.D. Cent. Code § 37-07.1-06.2 — ND Code / Title 37 / Chapter 37-07.1 / Section 37-07.1-06.2
37-07.1-06.2. Tuition reimbursement - Payments
Status: in_force

37-07.1-06.2. Tuition reimbursement - Payments

The adjutant general shall make tuition reimbursement payments, within the limits of

legislative appropriations, for each qualifying member of the national guard enrolled in any

state-controlled school who receives a tuition waiver provided in section 37-07.1-03.
N.D. Cent. Code § 37-09-16 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-16
37-09-16. Process, writs, and warrants of military courts - Form - Directed to and executed by civil officers
Status: in_force

37-09-16. Process, writs, and warrants of military courts - Form - Directed to and

executed by civil officers.

The process, writs, and warrants of the military courts of this state must be similar in form to

like process, writs, and warrants issued by civil courts or in such form as the governor may

prescribe from time to time in regulations the governor issues. A process, writ, or warrant must

be directed to, and executed or served by, any sheriff, member of the state highway patrol, or

any peace officer of any county or municipality, and the officer to whom the same is directed

shall serve or execute the same in the same manner and to the same extent as a corresponding

instrument of a civil court is served or executed and shall make return thereof to the officer who

issued the process, writ, or warrant, as the case may be.
N.D. Cent. Code § 37-01-37 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-37
37-01-37. Disability of minor to contract
Status: in_force

37-01-37. Disability of minor to contract

The disability of minority of any person otherwise eligible for guaranty or insurance of a loan

pursuant to the Servicemen's Readjustment Act of 1944 [Pub. L. 78-346; 58 Stat. 284], as

amended, and of the minor spouse of any eligible veteran irrespective of the person's age, in

connection with any transaction entered into pursuant to said Act as amended, is hereby

removed, for all purposes in connection with such transaction including, but not limited to,

incurring of indebtedness or obligations and acquiring, encumbering, selling, releasing, or

conveying property, or any interest therein, and litigating or settling controversies arising

therefrom, if all or part of any obligations incident to such transaction be guaranteed or insured

by the administrator of veterans' affairs pursuant to such Act. This section may not be construed

to impose any other or greater right or liabilities than would exist if such person and such

spouse were under no such disability.
N.D. Cent. Code § 37-01-10 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-10
37-01-10. Distinguished service medal - Presented by whom - Qualifications - Regulations governing
Status: in_force

37-01-10. Distinguished service medal - Presented by whom - Qualifications -

Regulations governing.

The governor, in the name of the legislative assembly of this state, may present a military

medal, known as the "distinguished service medal", to any member or former member of the

North Dakota national guard who in the discharge of the person's military duties has been

distinguished by extraordinary heroism or devotion to duty or to a member or former member of

the armed forces of the United States or the national guard of another state who performs

outstanding and extraordinary service for the national guard of this state. Such medal must bear

a suitable inscription and ribbon and must be of suitable military design. The award of a

distinguished service medal must be made by a board of awards consisting of the adjutant

general and senior officers of regiments or separate organizations of the national guard of this

state. Such board must be instituted by a general order of the adjutant general's office

prescribing rules and regulations for its meetings and method of procedure. Not more than one

distinguished service medal may be awarded to any one person and no medals may be

awarded or presented to any person whose service subsequent to the recommendations for

award has not been honorable. For each succeeding citation, a person to whom a distinguished

service medal has been awarded or presented previously is entitled to wear, as the adjutant

general of the state may direct, a metal device attached to the ribbon of such distinguished

service medal. In the event of the death of a person to whom a distinguished service medal has

been awarded, the presentation must be made to the nearest of kin.
N.D. Cent. Code § 37-04-04 — ND Code / Title 37 / Chapter 37-04 / Section 37-04-04
37-04-04. Oath required of commissioned officers in national guard
Status: in_force

37-04-04. Oath required of commissioned officers in national guard

Commissioned officers of the national guard of this state shall take and subscribe, in

substance, the following oath of office:

I, ______________, do solemnly swear that I will support and defend the Constitution of the

United States and the Constitution of North Dakota, against all enemies, foreign and

domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of

the president of the United States and of the governor of the state of North Dakota; that I

make this obligation freely, without any mental reservation or purpose of evasion, and that I

will well and faithfully discharge the duties of the office of ______________ in the national

guard of the state of North Dakota upon which I am about to enter, so help me God.
N.D. Cent. Code § 37-17.2-02 — ND Code / Title 37 / Chapter 37-17.2 / Section 37-17.2-02
37-17.2-02. Authorization to implement compact
Status: in_force

37-17.2-02. Authorization to implement compact

The governor and adjutant general are authorized to enter appropriate agreements and

participate in drug interdiction and counter-drug activities pursuant to section 37-17.2-01.
N.D. Cent. Code § 37-07.3-01 — ND Code / Title 37 / Chapter 37-07.3 / Section 37-07.3-01
37-07.3-01. National guard training area and facility development trust fund
Status: in_force

37-07.3-01. National guard training area and facility development trust fund

The national guard training area and facility development trust fund is established as a

special fund in the state treasury. The fund must be used for training area acquisition and facility

development pursuant to this chapter.
N.D. Cent. Code § 37-09-11 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-11
37-09-11. Courts-martial sentencing to confinement in lieu of fines - Limitations
Status: in_force

37-09-11. Courts-martial sentencing to confinement in lieu of fines - Limitations

All courts-martial, including summary courts, may sentence to confinement in lieu of fines

authorized to be imposed. Such sentences of confinement, however, may not exceed one day

for each dollar of fine authorized.
N.D. Cent. Code § 37-15-06 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-06
37-15-06. Compensation of members of board of trustees of the soldiers' home
Status: repealed

37-15-06. Compensation of members of board of trustees of the soldiers' home

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-01-25.1 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-25.1
37-01-25.1. Reinstatement to former position - Appeals - Penalty
Status: in_force

37-01-25.1. Reinstatement to former position - Appeals - Penalty

Any person referred to in section 37-01-25, who within ninety days after receiving a

discharge other than dishonorable from such active noncivilian service, and who is not

physically or otherwise incapacitated to perform the duties of the position formerly held by the

person, applies for such position held by the person at the time of entering such active service,

must be given such position or one of like seniority, status, and pay, and is immune to discharge

from said position except for cause, as defined by the department of veterans' affairs, for a

period of one year after entering upon the duties of the person's civilian position. Any such

person not so re-employed or who is discharged within a period of one year without cause, has

the right of appeal to the department of veterans' affairs under such rules and regulations as the

administrative committee on veterans' affairs may promulgate. If the department of veterans'

affairs finds that such person was not re-employed or was discharged within one year without

cause, it may order any officer or other appointing power to comply with the provisions of this

chapter. If such person at the time of entering noncivilian service has been an officer or

employee of the state of North Dakota or any political subdivision or city thereof, having a merit

or civil service system with an appeal board, such appeal board has the same powers as are

granted to the department of veterans' affairs in this section. In order to carry out the provisions

of this chapter, the department of veterans' affairs is hereby authorized to contract and pay for

technical or other services with any board, council, or commission established by such state

agencies, departments, or divisions to administer such systems. Any person violating any of the

provisions of this section is guilty of an infraction.
N.D. Cent. Code § 37-17.3-03 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-03
37-17.3-03. Receiving and transmitting sets - State cost-share
Status: in_force

37-17.3-03. Receiving and transmitting sets - State cost-share

1. Subject to the rules of the statewide interoperability executive committee, a political

subdivision within the state or a nongovernmental emergency services provider

operating within the state may furnish to its personnel the appropriate personal and

vehicular radios that can access the statewide interoperable radio network. Each radio

programmed to access the statewide interoperable radio network must be approved by

the statewide interoperability executive committee. The chief information officer shall

establish a process to register and audit users of the statewide interoperable radio

network.

2. The information technology department may provide a state cost-share for each radio

purchased under this section. The state cost-share for each radio is one thousand five

hundred dollars unless the cost of the radio is less than one thousand five hundred

dollars in which case the state cost-share is the cost of the radio.
N.D. Cent. Code § 37-09-21 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-21
37-09-21. Action for damages does not lie against member of military court or person complying with order thereof
Status: in_force

37-09-21. Action for damages does not lie against member of military court or person

complying with order thereof.

No action or proceeding for damages may be prosecuted or maintained against a member

of a military court, nor against any person acting under its authority or reviewing its proceedings,

on account of the approval, imposition, or collection of any fine or other penalty or on account of

the execution of any warrant, writ, or other process of a military court.
N.D. Cent. Code § 37-17.3-05 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-05
37-17.3-05. Emergency service for certain messages
Status: in_force

37-17.3-05. Emergency service for certain messages

Every telephone company and company providing communications equipment operating

within this state shall provide emergency service to all messages or calls directed to any station

of the system.
N.D. Cent. Code § 37-18-02 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-02
37-18-02. Qualifications and appointment of commissioner
Status: repealed

37-18-02. Qualifications and appointment of commissioner

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-15-23 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-23
37-15-23. Melvin Norgard memorial fund - Creation
Status: in_force

37-15-23. Melvin Norgard memorial fund - Creation

There is created in the state treasury the Melvin Norgard memorial fund. All income related

to a bequest made to the veterans' home by Melvin Norgard, including mineral lease income,

royalties, and sale proceeds, must be transferred or deposited into the Melvin Norgard memorial

fund. Notwithstanding any other provision of law, the state treasurer shall invest moneys in the

fund in accordance with section 21-10-07. Investment income of the fund must be retained in

the fund. Moneys in the fund are available, subject to legislative appropriations, for projects and

programs to benefit and serve the residents of the veterans' home. The legislative assembly

shall consider recommendations of the governing board of the veterans' home when

determining appropriations from this fund for projects and programs to benefit and serve the

residents of the veterans' home.
N.D. Cent. Code § 37-27-03 — ND Code / Title 37 / Chapter 37-27 / Section 37-27-03
37-27-03. Payment to beneficiary of veteran who died in active service
Status: in_force

37-27-03. Payment to beneficiary of veteran who died in active service

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

or who died while on orders to or from the Persian Gulf theatre or the Grenada, Lebanon, or

Panama areas of armed conflict during a period of service, the beneficiary of the veteran is

entitled to a payment of two thousand five hundred dollars in lieu of any other compensation

under this chapter.
N.D. Cent. Code § 37-03-18 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-18
37-03-18. North Dakota national guard service member, veteran, family, and survivor support program - Administration - Continuing appropriation - Report to budget section
Status: in_force

37-03-18. North Dakota national guard service member, veteran, family, and survivor

support program - Administration - Continuing appropriation - Report to budget section.

The adjutant general shall establish and operate the North Dakota national guard service

member, veteran, family, and survivor support program. The adjutant general may accept and

expend funds from the North Dakota national guard foundation or any similar foundation, offered

or tendered, for the benefit of the North Dakota national guard service member, veteran, family,

and survivor support program. There is a special fund known as the North Dakota national

guard service member, veteran, family, and survivor support fund. All moneys received and

accepted from the North Dakota national guard foundation or any similar foundation under this

section must be deposited in the fund, and are appropriated on a continuing basis to the

adjutant general to be used for the North Dakota national guard service member, veteran,

family, and survivor support program. The expenditures from the fund may not exceed five

hundred thousand dollars per biennium unless approved by the emergency commission and the

budget section. Annually the adjutant general shall report to the budget section regarding the

income and expenditures made from this fund.
N.D. Cent. Code § 37-11-09 — ND Code / Title 37 / Chapter 37-11 / Section 37-11-09
37-11-09. Review of findings of board of inquiry on claim for disability allowances - Payment of claim
Status: repealed

37-11-09. Review of findings of board of inquiry on claim for disability allowances -

Payment of claim.

Repealed by S.L. 1965, ch. 256, § 6.
N.D. Cent. Code § 37-12.1-05 — ND Code / Title 37 / Chapter 37-12.1 / Section 37-12.1-05
37-12.1-05. Laws governing a state defense force
Status: in_force

37-12.1-05. Laws governing a state defense force

The provisions of this title governing the North Dakota national guard apply to the extent

practicable, to a state defense force when established pursuant to this chapter.
N.D. Cent. Code § 37-17.3-10 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-10
37-17.3-10. Lost or missing individuals
Status: in_force

37-17.3-10. Lost or missing individuals

The division shall:

1. Establish and maintain a statewide file system for the purpose of effecting an

immediate law enforcement response to reports of lost or missing individuals.

2. Implement a data exchange system to compile, maintain, and make available for

dissemination to North Dakota and to out-of-state law enforcement agencies

descriptive information to assist appropriate agencies in recovering lost or missing

individuals.

3. Establish contacts and exchange information regarding lost or missing individuals with

the national crime information center.

4. Notify each enforcement agency that a report of lost or missing individuals must be

entered as soon as the minimum level of data specified by the division is available to

the reporting agency and that no waiting period for entry of that data exists. If the

enforcement agency is unable to enter the data, the division shall enter the information

into the national crime information center file immediately upon notification.

5. Compile and retain information regarding lost or missing individuals in a separate file,

in a manner that allows the information to be used by law enforcement and other

agencies considered appropriate for investigative purposes by the division. The

enforcement agency is responsible for maintaining the disposition of the case and

periodically shall review the case with the reporting party and the division to ensure all

available information is included and to determine the current status of the case. As

used in this subsection, "individual" means an individual who is eighteen years of age

or older.

6. Provide prompt confirmation of the receipt and entry of the lost or missing individuals

report into the file system to the enforcement agency providing the report or to the

parent, guardian, or identified family member as provided in subsection 7.

7. If any parent, guardian, or identified family member is unable to receive services from

the local law enforcement agency, allow the parent, guardian, or identified family

member to submit a lost or missing individuals report to the division which must be

included in the division file system and transmitted to the national crime information

center.

8. Compile and maintain a historical data repository relating to lost or missing individuals

for the following purposes:

a. To develop and improve techniques utilized by law enforcement agencies when

responding to reports of lost or missing individuals; and

b. To provide a factual and statistical base for research that addresses the problem

of lost or missing individuals.
N.D. Cent. Code § 37-30-03 — ND Code / Title 37 / Chapter 37-30 / Section 37-30-03
37-30-03. Military compatibility committees
Status: in_force

37-30-03. Military compatibility committees

1. The agriculture commissioner may create one or more military compatibility

committees to harmonize land, airspace, and electromagnetic spectrum use in military

impact zones, review potential encroachment of military installations in military impact

zones, and promote the sustainability of military operations in the state.

2. A military compatibility committee must be composed of:

a. The agriculture commissioner, or the agriculture commissioner's designee;

b. One representative from each county within the boundaries of a military impact

zone, selected by the board of county commissioners;

c. One representative representing all townships within the boundaries of a military

impact zone, selected by the boards of township supervisors;

d. One representative representing all cities within the boundaries of a military

impact zone, selected by the city council or councils; and

e. On a voluntary basis, the commander of each military installation, or the

commander's designee.

3. Except for activities subject to the United States department of defense military

aviation and installation assurance siting clearinghouse established under section

183(a) of United States Code title 10 [10 U.S.C. 183(a)], a military compatibility

committee shall:

a. Provide guidance to local governments on military-compatibility practices in

military impact zones.

b. Establish a uniform process in accordance with chapters 11-33, 40-47, and

40-48, and section 58-03-12 for all political subdivisions located in a military

impact zone to coordinate zoning, land use, construction, energy development,

telecommunications, and other infrastructure projects that could impact military

radar, airspace, communications, or operational readiness relevant to mission

compatibility.
N.D. Cent. Code § 37-09-05 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-05
37-09-05. Special courts-martial - Appointment - Jurisdiction - Punishment
Status: in_force

37-09-05. Special courts-martial - Appointment - Jurisdiction - Punishment

The commanding officer, with a rank of at least colonel (0-6), of each garrison, fort, post,

camp, or other place, or of any brigade, regiment, detached battalion, or other detached

command, may appoint special courts-martial for the officer's command. A special court-martial

may be appointed in any case by a superior authority when it is deemed desirable by the

superior authority. A special court-martial may try any person, except a commissioned officer,

subject to the military law, for any crime or offense made punishable by the military laws of the

United States, and has the same powers of punishment as a general court-martial except that

fines imposed by a special court-martial may not exceed three hundred dollars and a sentence

of confinement may not exceed one hundred days. A bad conduct discharge may not be

adjudged unless a complete record of the proceedings and testimony has been made, counsel

was detailed to represent the accused, and a military judge was detailed to the trial.
N.D. Cent. Code § 37-15-04 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-04
37-15-04. Oath and bond of trustees - Regulations governing
Status: repealed

37-15-04. Oath and bond of trustees - Regulations governing

Repealed by S.L. 1971, ch. 344, § 25.
N.D. Cent. Code § 37-10-05 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-05
37-10-05. Bidder's bond in lieu of certified check
Status: repealed

37-10-05. Bidder's bond in lieu of certified check

Repealed by S.L. 1979, ch. 390, § 6.
N.D. Cent. Code § 37-18-01 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-01
37-18-01. Department established - Commissioner
Status: in_force

37-18-01. Department established - Commissioner

There is hereby established a department of veterans' affairs under the supervision and

control of a commissioner known as commissioner of veterans' affairs, hereinafter referred to as

the commissioner. The commissioner must be a bona fide resident of the state, and must qualify

as a veteran as defined in section 37-01-40. The commissioner shall serve at the pleasure of

the governor.
N.D. Cent. Code § 37-17.1-09 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-09
37-17.1-09. Authority to utilize existing services and facilities
Status: in_force

37-17.1-09. Authority to utilize existing services and facilities

In carrying out the provisions of this chapter, the governor and the executive officers or

governing bodies of the counties and cities of the state are directed to utilize the services,

equipment, supplies, and facilities of existing departments, offices, and agencies of the state

and of the counties and cities thereof to the maximum extent practicable, and the officers and

personnel of all such departments, offices, and agencies are required and directed to cooperate

with and extend such reasonable services and facilities to the governor and to the emergency

management organizations upon request.
N.D. Cent. Code § 37-17.3-06 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-06
37-17.3-06. Official use of radio equipment on private automobiles prohibited without permit
Status: in_force

37-17.3-06. Official use of radio equipment on private automobiles prohibited without

permit.

No person may equip or use in a privately-owned automobile or any other motor vehicle a

mobile two-way radio equipped for transmitting and receiving on any frequency authorized for

first responder use in the state of North Dakota without first applying for and securing a permit

from the director. This section does not apply to the use of a two-way citizens' band radio, a

two-way business radio, or a two-way amateur radio in an automobile or any other motor

vehicle.
N.D. Cent. Code § 37-04.1-02 — ND Code / Title 37 / Chapter 37-04.1 / Section 37-04.1-02
37-04.1-02. Expenses allowed officers and enlisted members of national guard
Status: in_force

37-04.1-02. Expenses allowed officers and enlisted members of national guard

Officers or enlisted members of the national guard when called into state active duty by the

governor must be reimbursed for traveling and incidental expenses at the same rate provided by

law for other state officials. The adjutant general may authorize the purchase of meals or rations

for officers or enlisted members of the national guard in a duty or travel status in lieu of

individual reimbursement for meals.
N.D. Cent. Code § 37-15-11 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-11
37-15-11. Lands granted for support of veterans' home and proceeds therefrom
Status: in_force

37-15-11. Lands granted for support of veterans' home and proceeds therefrom

All lands granted by the United States or by this state for the veterans' home are set apart

for the support of the home. The proceeds from the sales of these lands are pledged as a

perpetual fund for the use and benefit of the home.
N.D. Cent. Code § 37-17.1-23 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-23
37-17.1-23. Disaster or emergency recovery funding - Loan authorization
Status: in_force

37-17.1-23. Disaster or emergency recovery funding - Loan authorization

1. When approved by the emergency commission, the office of the adjutant general is

authorized to borrow from the Bank of North Dakota, to match federal funds under the

Robert T. Stafford Disaster Emergency Assistance Act [Public Law 93-288, as

amended]. In addition to the principal repayment, the Bank of North Dakota shall

receive interest on the loan at a rate equal to other state agency borrowings. On behalf

of the state, the office of the adjutant general shall administer the disaster or

emergency recovery program according to state procedures based on federal laws or

regulations. After a county or group of counties have been declared a major disaster or

emergency area by the president, the office of the adjutant general shall submit a

request to the emergency commission for:

a. Approval to make an application for a loan from the Bank of North Dakota;

b. Approval for additional personnel required to perform the anticipated recovery

activities;

c. Authority to spend additional state and federal funds for the recovery program;

and

d. Authority to spend available funds from the state disaster relief fund.

2. If the request is acceptable, the emergency commission shall approve the request and

issue a notice of its action to the office of the adjutant general, Bank of North Dakota,

and the office of management and budget. The office of the adjutant general shall

keep the emergency commission apprised of the progress of the recovery operation

and submit a final report upon completion of the project. The office of the adjutant

general is responsible to repay any loan, including accrued interest, from the Bank of

North Dakota which is provided under this section. If at the end of the biennium a

balance exists on the loan, the office of the adjutant general shall request the

legislative assembly for a deficiency appropriation to repay the loan.
N.D. Cent. Code § 37-17.4-06 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-06
37-17.4-06. No effect on credentialing and privileging
Status: in_force

37-17.4-06. No effect on credentialing and privileging

1. In this section:

a. "Credentialing" means obtaining, verifying, and assessing the qualifications of a

health practitioner to provide treatment, care, or services in or for a health facility.

b. "Privileging" means the authorizing by an appropriate authority, such as a

governing body, of a health practitioner to provide specific treatment, care, or

services at a health facility subject to limits based on factors that include license,

education, training, experience, competence, health status, and specialized skill.

2. This chapter does not affect credentialing or privileging standards of a health facility

and does not preclude a health facility from waiving or modifying those standards

during an emergency.
N.D. Cent. Code § 37-10-03.3 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-03.3
37-10-03.3. Use of state funds in the construction of national guard facilities
Status: in_force

37-10-03.3. Use of state funds in the construction of national guard facilities

The adjutant general may participate with political subdivisions to match federal funds for

the construction of national guard facilities by contributing, subject to legislative appropriations,

up to fifty thousand dollars for a single unit facility or one hundred thousand dollars for a multiple

unit facility, but the state contribution may not exceed the amount provided by political

subdivisions.
N.D. Cent. Code § 37-04.1-03 — ND Code / Title 37 / Chapter 37-04.1 / Section 37-04.1-03
37-04.1-03. Pay of national guard members serving on boards, commissions, and courts
Status: in_force

37-04.1-03. Pay of national guard members serving on boards, commissions, and

courts.

An officer or enlisted member of the national guard detailed to serve on any board or

commission ordered by the governor, or under the governor's authority by the commanding

officer of the national guard, or on any court of inquiry or court-martial ordered by proper

authority under any provision of this title, 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 for each day that officer or enlisted member is actually employed on the board or court,

or engaged in the business of the board or court, including any day the officer or enlisted

member is traveling to and from the board or court. The sum received may not exceed ten days'

pay and the actual traveling expenses and subsistence unless, upon application of the president

of the court-martial or the presiding officer of the board, the officer appointing the court or board

has authorized the court or board to sit for a longer period, or in case of a court-martial, the

governor or officer ordering the court has authorized the court to sit for a period longer than ten

days.
N.D. Cent. Code § 37-17.1-10 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-10
37-17.1-10. Local disasters, mandatory evacuations, or emergencies
Status: in_force

37-17.1-10. Local disasters, mandatory evacuations, or emergencies

1. Unless so declared in accordance with the provisions of subsection 4 of section

37-17.1-05, a local disaster, emergency, or mandatory evacuation order may be

declared only by the principal executive officer of the county or city. It may not be

continued or renewed for a period in excess of seven days except by or with the

consent of the governing board of the county or city. Any order or proclamation

declaring a local disaster, emergency, or mandatory evacuation must be given prompt

and general publicity and must be filed promptly with the county or city auditor.

2. The effect of a declaration of a local disaster or emergency is to activate the response

and recovery aspects of any and all applicable local disaster or emergency operational

plans and to authorize the furnishing of aid and assistance thereunder.
N.D. Cent. Code § 37-03-11 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-11
37-03-11. Compilation of military law by adjutant general - Distribution - Textbooks and reports issued
Status: in_force

37-03-11. Compilation of military law by adjutant general - Distribution - Textbooks

and reports issued.

The adjutant general, when necessary, shall cause the military law, the general regulations

of this state, and the articles of uniform code of military justice of the United States, to be

printed, indexed, and bound in proper and compact form at the expense of the state and shall

distribute one copy thereof to each unit or separate headquarters and to each commissioned

officer of this state. The adjutant general shall issue to each commissioned officer and

headquarters, one copy of each necessary textbook and of such annual reports concerning the

militia as the governor may direct.
N.D. Cent. Code § 37-08-01 — ND Code / Title 37 / Chapter 37-08 / Section 37-08-01
37-08-01. National guard reserve - Organization
Status: in_force

37-08-01. National guard reserve - Organization

The national guard reserve is all individuals who are subject to service in the national guard

and are not serving in the national guard of this state. Subject to the rules and regulations of the

president, a national guard reserve must be maintained in this state which consists of

organizations, officers, and enlisted members as the president may prescribe, and members of

the reserve may be assigned as reserves to an active organization of the national guard.
N.D. Cent. Code § 37-01-47 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-47
37-01-47. Health insurance coverage while on state active duty
Status: in_force

37-01-47. Health insurance coverage while on state active duty

During the period of active duty, the national guard may pay any primary health insurance

premium on behalf of a national guard service member or an employer-sponsored health

insurance premium cost share paid by the service member while called to state active duty.

Coverage of qualifying premium payment is subject to rules set forth by the adjutant general's

office and subject to available funds.
N.D. Cent. Code § 37-08-05 — ND Code / Title 37 / Chapter 37-08 / Section 37-08-05
37-08-05. Pay and allowances of reservists on active duty
Status: in_force

37-08-05. Pay and allowances of reservists on active duty

Officers and enlisted members of the national guard reserve, when engaged in field or coast

defense training with the active national guard, shall receive the same federal pay and

allowances as those occupying like grades on the active list of said guard when likewise

engaged. No commissioned or enlisted reservist may receive any pay or allowance out of any

appropriation made by the Congress of the United States for national guard purposes except as

otherwise specifically provided in this title.
N.D. Cent. Code § 37-02-04 — ND Code / Title 37 / Chapter 37-02 / Section 37-02-04
37-02-04. Governor to be commander in chief of militia - Inability of governor to act
Status: in_force

37-02-04. Governor to be commander in chief of militia - Inability of governor to act

The military establishment of this state consists of a department of the army, a department

of the air force, and a department of military records. The governor of this state, by virtue of that

office, is commander in chief of the military establishment except as to such portions thereof as

at times may be in the service of the United States. The adjutant general as chief of staff in the

name of the governor shall transmit orders to staff officers and commanders of subordinate

units. Whenever the governor is unable to perform the duties of commander in chief, the

adjutant general is in command.
N.D. Cent. Code § 37-15-18 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-18
37-15-18. Administrator of estate - Bond not required - Fees - Allowance of fees by district court
Status: in_force

37-15-18. Administrator of estate - Bond not required - Fees - Allowance of fees by

district court.

Upon becoming administrator of any estate under section 37-15-17, the administrator of the

veterans' home is not required to give bond and may not charge or receive any compensation

for the administrator's services as administrator of the estate. The district court serving the

county where the administration proceedings are conducted may not allow any charge or fee in

connection with the administration proceedings other than the actual disbursements of the

administrator.
N.D. Cent. Code § 37-09-12 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-12
37-09-12. Sentence imposing confinement - Execution
Status: in_force

37-09-12. Sentence imposing confinement - Execution

Any portion of a sentence imposed by a military court that prescribes confinement must be

executed in such facility as the reviewing authority may direct. The expenses of such

confinement must be borne by the state of North Dakota. A commitment in writing must be

executed by the presiding officer of the court to the sheriff or jailer where temporary restraint is

deemed necessary, but if the confinement is the result of the confirmed action of the reviewing

authority, an official copy of the order publishing the sentence of the court must be furnished to

the sheriff or jailer.
N.D. Cent. Code § 37-17.4-11 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-11
37-17.4-11. Workers' compensation coverage
Status: in_force

37-17.4-11. Workers' compensation coverage

1. Except as provided in subsection 2, a volunteer health practitioner who dies or is

injured as the result of providing health or veterinary services as provided under this

chapter is not considered to be an employee of this state for the purpose of receiving

benefits under title 65 and must be treated for the purposes of North Dakota law as an

individual eligible for workers' compensation or similar benefits under the law of the

state in which the volunteer is qualified for service under an emergency system for

advance registration of volunteer health practitioners authorized under subsection 2 of

section 37-17.4-04.

2. A volunteer health practitioner whose principal practice is located in this state and who

is licensed by a North Dakota professional board or agency who dies or is injured as a

result of providing health or veterinary services as provided under this chapter is

eligible for benefits as provided under title 65 if the volunteer is qualified and serving

under the emergency system for advance registration of volunteer health practitioners

of this state under subsection 1 of section 37-17.4-04.
N.D. Cent. Code § 37-17.4-09 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-09
37-17.4-09. Regulatory authority
Status: in_force

37-17.4-09. Regulatory authority

The department of health and human services may adopt rules to implement this chapter. In

doing so, the department shall consult with and consider rules adopted by similarly empowered

agencies in other states to promote uniformity of application of this chapter and make the

emergency response systems in the various states reasonably compatible.
N.D. Cent. Code § 37-17.1-11 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-11
37-17.1-11. Disaster or emergency mitigation
Status: in_force

37-17.1-11. Disaster or emergency mitigation

1. In addition to disaster or emergency mitigation measures as included in the state and

local disaster or emergency operational plans, the governor shall consider, on a

continuing basis, steps that could be taken to mitigate or reduce the harmful

consequences of disasters or emergencies. At the governor's direction, and pursuant

to any other authority and capability they have, state agencies charged with

responsibilities in connection with floodplain management, stream encroachment and

flow regulation, weather modification, fire prevention and control, air quality, public

works, land use and land use planning, and construction standards, shall make studies

of disaster or emergency mitigation-related matters. The governor, from time to time,

shall make recommendations to the legislative assembly, local governments, and other

appropriate public and private entities as may facilitate measures for mitigation or

reduction of the harmful consequences of disasters or emergencies.

2. The water commission and department of water resources, in conjunction with the

division of homeland security and emergency management, shall keep land uses and

construction of structures and other facilities under continuing study and identify areas

that are particularly susceptible to severe land shifting, subsidence, flood, or other

catastrophic occurrence. The studies under this subsection must concentrate on

means of reducing or avoiding the dangers caused by severe land shifting,

subsidence, flood, or other catastrophic occurrence, or the consequences of severe

land shifting, subsidence, flood, or other catastrophic occurrence.

3. If the division of homeland security and emergency management determines, in

coordination with lead and support agencies, on the basis of the studies or other

competent evidence, that an area is susceptible to a disaster of catastrophic

proportions without adequate warning; existing building standards and land use

controls in that area are inadequate and could add substantially to the magnitude of

the disaster or emergency; and changes in zoning regulations, other land use

regulations, or building requirements are needed in order to further the purposes of

this section, it shall specify the essential changes to the governor. If the governor,

upon review of the determination, finds after public hearing, that the changes are

essential, the governor shall so recommend to the agencies or local governments with

jurisdiction over that area and subject matter. If no action or insufficient action pursuant

to the governor's recommendations is taken within the time specified by the governor,

the governor shall so inform the legislative assembly and request legislative action

appropriate to mitigate the impact of the disaster or emergency.

4. The governor, at the same time that the governor makes recommendations pursuant

to subsection 3, may suspend the standard or control which the governor finds to be

inadequate to protect the public safety and by regulation place a new standard or

control in effect. The new standard or control remains in effect until rejected by

concurrent resolution of both houses of the legislative assembly or amended by the

governor. During the time it is in effect, the standard or control contained in the

governor's regulation must be administered and given full effect by all relevant

regulatory agencies of the state and local governments to which it applies. The

governor's action is subject to judicial review in accordance with chapter 28-32 but is

not subject to temporary stay pending litigation.
N.D. Cent. Code § 37-15-10 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-10
37-15-10. Admittance to veterans' home - Requirements governing
Status: in_force

37-15-10. Admittance to veterans' home - Requirements governing

1. An applicant may not be admitted to the veterans' home unless the applicant is a bona

fide resident of this state preceding the applicant's application for admission. The

residency requirement may be waived if the applicant served in a North Dakota

regiment or was accredited to this state.

2. The spouse or surviving spouse of those mentioned in subsection 1 of section

37-15-02 may be admitted upon the same footing as the veteran.

3. An individual may not be admitted to the home until that individual has made formal

application and furnished the proof that is required by the home and the application

has been approved by the board of admissions of the home.

4. When a member of the home who is not eligible for veterans' administration

hospitalization and care becomes unable from any cause to care for oneself under

rules adopted by the veterans' home governing board for the admission and care of

members in the home, the member becomes a charge of the county of residence at

the time of admission. An individual may not gain or lose legal residence by reason of

residence in or being a member of the veterans' home.
N.D. Cent. Code § 37-15-12 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-12
37-15-12. Federal aid accepted for veterans' home
Status: in_force

37-15-12. Federal aid accepted for veterans' home

The state accepts the conditions imposed by an Act of Congress, entitled "An act to provide

aid to state or territorial homes for the support of disabled soldiers and sailors in the United

States, approved August 27, 1888", and the various amendments thereto.
N.D. Cent. Code § 37-10-01 — ND Code / Title 37 / Chapter 37-10 / Section 37-10-01
37-10-01. Adjutant general to provide national guard facilities for units
Status: in_force

37-10-01. Adjutant general to provide national guard facilities for units

The adjutant general shall provide adequate facilities for each unit of the North Dakota

national guard. All national guard facilities are under the exclusive control of the adjutant general

or any officer designated by the adjutant general.