N.D. Cent. Code § 37-27-04 — ND Code / Title 37 / Chapter 37-27 / Section 37-27-04
37-27-04. Application
Status: in_force

37-27-04. Application

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

application to the adjutant general 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 been approved by the adjutant general, the person in charge of the institution

may make the application with the approval of the adjutant general. For the 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 qualifying service. Each application must be subscribed and sworn to

by the applicant in the manner prescribed by the adjutant general.
N.D. Cent. Code § 37-18.1-03 — ND Code / Title 37 / Chapter 37-18.1 / Section 37-18.1-03
37-18.1-03. Powers and duties of committee - Creation of subcommittee and governing board
Status: in_force

37-18.1-03. Powers and duties of committee - Creation of subcommittee and

governing board.

The committee is responsible for advising the governor on the organization, policy, and

general administration of all veterans' affairs in the state of North Dakota. It has the following

powers, duties, and responsibilities:

1. The chairman and secretary of the committee, acting jointly, shall appoint a

seven-member governing board for advising the governor on administration of the

veterans' home, from within or outside the committee, subject to ratification of a

majority vote of the committee, and shall establish term lengths for service on the

governing board.

2. The chairman and secretary of the committee jointly shall appoint a subcommittee to

be responsible for advising the governor on the supervision and government of the

department of veterans' affairs. Once appointed, a subcommittee member may

continue to serve as long as the member remains a voting member of the committee,

unless removed from the subcommittee by joint action of the committee chairman and

secretary. A member of the subcommittee may not serve on the governing board of the

veterans' home. Each nominating organization listed in section 37-18.1-01 must have

at least one voting member nominated by the organization serving on the

subcommittee. The subcommittee shall select by majority vote of the members a

chairman to preside for the term of one year.

3. The commissioner of veterans' affairs shall serve as the executive secretary for the

subcommittee. The commissioner has no vote in the affairs of the subcommittee.

4. The committee, under recommendation from the board or the subcommittee, shall

present any matters needing attention and action to the governor.

5. The committee shall advise the governor regarding compliance with applicable federal

and state laws in the administration of both the department of veterans' affairs and the

North Dakota veterans' home and shall exercise its responsibilities in all things

necessary to advise the governor in regard to organization, policy, and general

administration of the agencies served and involved in the conduct of veterans' affairs.
N.D. Cent. Code § 37-17.1-02 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-02
37-17.1-02. Purposes
Status: in_force

37-17.1-02. Purposes

The purposes of this chapter are to:

1. Reduce vulnerability of people and communities of this state to damage, injury, and

loss of life and property resulting from natural or manmade disasters or emergencies,

threats to homeland security, or hostile military or paramilitary action.

2. Provide a setting conducive to the rapid and orderly start of restoration and

rehabilitation of persons and property affected by disasters or emergencies.

3. Clarify the roles of the governor, state agencies, and local governments in prevention

of, in mitigation of, preparation for, response to, and recovery from disasters or

emergencies.

4. Authorize and provide for coordination of emergency management activities by

agencies and officers of this state, and similar state-local, interstate, federal-state, and

foreign activities in which the state and its political subdivisions may participate.

5. Provide for a statewide emergency management system embodying all aspects of

prevention, mitigation, preparedness, response, and recovery and incorporating the

principles of the national incident management system and its incident command

system, as well as other applicable federal mandates.
N.D. Cent. Code § 37-01-30 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-30
37-01-30. Incurring of expenses by officers of militia - Auditing and payment of accounts
Status: in_force

37-01-30. Incurring of expenses by officers of militia - Auditing and payment of

accounts.

No officer of the militia may incur any expense whatsoever to be paid by this state, except

such as is authorized in this title, without first obtaining the authority of the governor. In extreme

emergencies, however, the commanding officer of any organization or detachment of the

national guard may make purchases of such necessities as are absolutely required for the

immediate use and care of that officer's command. A report of such action containing a

statement of the articles purchased and the price thereof must be made forthwith through the

channel of the adjutant general. The commander in chief shall be the auditor of all accounts for

property purchased by the adjutant general, and the copies of the orders or contracts under

which such purchases are made must be filed in the office of the paymaster general. All other

military accounts payable by the state must be audited by the adjutant general. Military accounts

thus audited must be paid by the paymaster general of the state from the proper appropriation

made by the legislative assembly.
N.D. Cent. Code § 37-17.1-07 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-07
37-17.1-07. Local or multicounty emergency management organizations
Status: in_force

37-17.1-07. Local or multicounty emergency management organizations

1. All areas of the state are within the jurisdiction of and must be served by the division of

homeland security and emergency management or by a local or multicounty

emergency management organization.

2. Each county shall maintain an emergency management organization that serves the

entire county or must be a member of a multicounty emergency management

organization that serves more than one county or must be a member of the state

regional emergency management program.

3. Each city shall provide an emergency management organization of its own, or it shall

participate in the countywide emergency management organization. Each governing

board of a city shall make its determination based on the city's emergency

management requirements, hazards, capabilities, and resources. If a city provides an

emergency management organization of its own, the city and county shall coordinate

the city and county emergency plans.

4. The mayor of or the president of the board of city commissioners in a city with an

emergency management organization and the chairman of the board of county

commissioners shall notify the division of homeland security and emergency

management of the manner in which the city and the county are providing or securing

emergency management activities, identify each individual who will coordinate the

activities of the local emergency management organization, and furnish additional

information relating thereto as the division requires.

5. Each local or multicounty emergency management organization shall prepare and

keep current a local disaster or emergency operational plan for its area.

6. Each local or multicounty emergency management organization shall prepare and

distribute to all appropriate officials in written form a clear and complete statement of

the disaster or emergency responsibilities of their local agencies and officials.

7. Each local emergency management organization that is a member of the state

regional emergency management program shall compensate the state an amount not

to exceed fifty percent of the regional coordinator's salary and benefits. If multiple

counties within a region participate in the state regional emergency management

program, the amount of compensation to the state will be proportioned based on

population.
N.D. Cent. Code § 37-17.1-21 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-21
37-17.1-21. Debris and wreckage removal in disasters or emergencies
Status: in_force

37-17.1-21. Debris and wreckage removal in disasters or emergencies

The governor is authorized to enter into such agreements and execute such assurances on

behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster

or emergency, a program of debris and wreckage removal caused by a disaster. The governor is

authorized:

1. Notwithstanding any other provision of law, through the use of state departments or

agencies, or the use of any of the state's instrumentalities, to clear or remove from

publicly or privately owned land or water, debris and wreckage which may threaten

public health or safety, or threaten public or private property, in any disaster or

emergency declared by the governor.

2. To accept funds from the federal government and utilize such funds to make grants to

any local government for the purpose of removing debris or wreckage from publicly or

privately owned land or water.

Authority under sections 37-17.1-19, 37-17.1-20, and 37-17.1-21 may not be exercised,

except upon state-owned lands, unless the affected local government, corporation, limited

liability company, organization, or individual first presents an unconditional authorization for

removal of such debris or wreckage from public and private property and, in the case of removal

of debris or wreckage from private property, first agrees to indemnify the state government

against any claim arising from such removal.

Whenever the governor provides for clearance of debris or wreckage pursuant to

subsection 1 or 2, employees of the designated state agencies or individuals appointed by the

state are authorized to enter upon private land or waters and perform any tasks necessary to

the removal or clearance operation.

Except in cases of willful misconduct, gross negligence, or bad faith, any state employee or

agent complying with orders of the governor and performing duties pursuant thereto under

sections 37-17.1-19, 37-17.1-20, and 37-17.1-21 is not liable for death of or injury to persons or

damage to property.

The governor shall establish guidelines to carry out the purposes of sections 37-17.1-19,

37-17.1-20, and 37-17.1-21.
N.D. Cent. Code § 37-17.4-10 — ND Code / Title 37 / Chapter 37-17.4 / Section 37-17.4-10
37-17.4-10. Limitations on civil liability for volunteer health practitioners
Status: in_force

37-17.4-10. Limitations on civil liability for volunteer health practitioners

1. Subject to subsection 3, a volunteer health practitioner who provides health or

veterinary services pursuant to this chapter is not liable for damages for an act or

omission of the practitioner in providing those services.

2. A person is not vicariously liable for damages for an act or omission of a volunteer

health practitioner if the practitioner is not liable for the damages under subsection 1.

3. This section does not limit the liability of a volunteer health practitioner for:

a. Willful misconduct or wanton, grossly negligent, reckless, or criminal conduct;

b. An intentional tort;

c. Breach of contract;

d. A claim asserted by a host entity or by an entity located in this or another state

which employs or uses the services of the practitioner; or

e. An act or omission relating to the operation of a motor vehicle, vessel, aircraft, or

other vehicle.

4. A person that, pursuant to this chapter, operates, uses, or relies upon information

provided by a volunteer health practitioner registration system is not liable for

damages for an act or omission relating to that operation, use, or reliance unless the

act or omission is an intentional tort or is willful misconduct or wanton, grossly

negligent, reckless, or criminal conduct.

5. In addition to the immunity provided in subsection 1, a volunteer health practitioner

who provides health or veterinary services pursuant to this chapter is entitled to all the

rights, privileges, or immunities provided by state laws limiting liability of volunteers.
N.D. Cent. Code § 37-17.1-16 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-16
37-17.1-16. Immunity and exemption
Status: in_force

37-17.1-16. Immunity and exemption

1. All functions hereunder and all other activities relating to emergency management are

hereby declared to be governmental functions. The state, a county or city, any disaster

or emergency worker, an employee of a federal agency on loan or leave to the state in

support of emergency service response whether the emergency is declared or

undeclared, or any other person providing goods or services during an emergency if

the person is working in coordination with and under the direction of an appropriate

governmental emergency or disaster response entity, complying with or reasonably

attempting to comply with this chapter, or any executive order or disaster or

emergency operational plan pursuant to this chapter, or pursuant to any ordinance

relating to any precautionary measures enacted by any county or city of the state,

except in case of willful misconduct, gross negligence, or bad faith, is not liable for the

death of or injury to persons, or for damage to property except as compensation may

be provided in section 37-17.1-12, as a result of any such activity. This section does

not affect the right of any person to receive benefits to which that person would

otherwise be entitled under this chapter, or under workforce safety and insurance law,

or under any pension law, nor the right of any such person to receive any benefits or

compensation under any Act of Congress.

2. Any requirement for a license to practice any professional, mechanical, or other skill

does not apply to any authorized disaster or emergency worker who, in the course of

performing the worker's duties, practices the professional, mechanical, or other skill

during a disaster or emergency.

3. This section does not affect any other provision of law that may provide immunity to a

person that is providing volunteer assistance.
N.D. Cent. Code § 37-15-14.1 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-14.1
37-15-14.1. Fees for residents of veterans' home - Special fund
Status: in_force

37-15-14.1. Fees for residents of veterans' home - Special fund

1. The veterans' home governing board may establish fees to be paid by members of the

veterans' home. The fees must be based on the adjusted income of each member, but

may not exceed forty-nine percent of the average daily per member cost. The fees

must be set under a formula determined by the veterans' home governing board and

designed to assure dignity and equity in the charge. The veterans' home governing

board may reconsider its action establishing fees, amend or rescind the fees, or

reinstate fees previously rescinded. The administrator of the veterans' home shall

collect monthly any fees levied.

2. As used in subsection 1, "adjusted income" means all moneys received from any

source, including social security benefits, less amounts received or expended as

follows:

a. Moneys expended by the member for hospitalization due to illness or injury.

b. Moneys expended by the member for other medical care or treatment, or for

required medicines.

c. Such other receipts or expenditures as the veterans' home governing board may

permit to be deducted in individual cases.

3. All moneys received as a result of charging the fees authorized by subsection 1 must

be deposited in the veterans' home operating fund.
N.D. Cent. Code § 37-15-10.1 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-10.1
37-15-10.1. Priorities for admission to veterans' home
Status: in_force

37-15-10.1. Priorities for admission to veterans' home

If the veterans' home is full and a waiting list for admission is necessary, further admission

to the veterans' home must be according to priorities for admission to the facility appropriate to

the different levels of care that are provided by the veterans' home. The priorities for admission

must be established by rule as provided under chapter 28-32.
N.D. Cent. Code § 37-03-12 — ND Code / Title 37 / Chapter 37-03 / Section 37-03-12
37-03-12. Adjutant general to compile and distribute record of men and women in military service
Status: repealed

37-03-12. Adjutant general to compile and distribute record of men and women in

military service.

Repealed by S.L. 2001, ch. 233, § 2.
N.D. Cent. Code § 37-18-06 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-06
37-18-06. Establishment of divisions - Assistants
Status: in_force

37-18-06. Establishment of divisions - Assistants

The commissioner is hereby authorized and empowered to establish within the department

a claims division, a loan division, a field division, and such other divisions as from time to time

may become necessary to carry out the purposes of the chapter; to appoint such assistants as

may be necessary; and to prescribe regulations and rules of procedure.
N.D. Cent. Code § 37-15-02 — ND Code / Title 37 / Chapter 37-15 / Section 37-15-02
37-15-02. Object of veterans' home
Status: in_force

37-15-02. Object of veterans' home

The object of the veterans' home is to provide basic care as defined under chapter 23-09.3

and long-term care as defined under chapter 23-16 for:

1. All veterans as defined in section 37-01-40;

2. All service members of the United States armed forces, national guard, or reserve who

were discharged or released under other than dishonorable conditions and who do not

meet the definition of a veteran but who are or may become permanently disabled

from any cause while in line and discharge of duty, and who are enrolled in veterans'

affairs health care before admission to the veterans' home; and

3. The spouse or surviving spouse of an individual in subsection 1 or 2 if the spouse or

surviving spouse meets the requirements for admission under section 37-15-10.
N.D. Cent. Code § 37-14-08 — ND Code / Title 37 / Chapter 37-14 / Section 37-14-08
37-14-08. How payments are made
Status: in_force

37-14-08. How payments are made

All payments or other expenditures approved by the department of veterans' affairs must be

made upon vouchers approved by the office of the budget.
N.D. Cent. Code § 37-29-02 — ND Code / Title 37 / Chapter 37-29 / Section 37-29-02
37-29-02. Discrimination prohibited in hiring practices - Civil actions
Status: in_force

37-29-02. Discrimination prohibited in hiring practices - Civil actions

An employer may not discriminate from hiring or otherwise deny employment to an

individual who is a volunteer emergency responder, based on the fact the individual is a

volunteer emergency responder. A volunteer emergency responder who is discriminated against

or denied employment under this section may bring a civil action against the employer that

violated this section, seeking reasonable reparations for damages caused due to the

discrimination or denial of employment. A civil action under this section must be commenced

within one year of the date of the violation.
N.D. Cent. Code § 37-01-17 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-17
37-01-17. Misuse of funds or property by officer or soldier of national guard
Status: repealed

37-01-17. Misuse of funds or property by officer or soldier of national guard

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 37-01-45 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-45
37-01-45. Record of veterans
Status: in_force

37-01-45. Record of veterans

The adjutant general shall initiate and coordinate the collecting of information on North

Dakotans who served in a theatre or area of armed conflict since the Vietnam conflict. The

adjutant general shall make the information available to the public in a manner that the adjutant

general deems advisable.
N.D. Cent. Code § 37-09-06 — ND Code / Title 37 / Chapter 37-09 / Section 37-09-06
37-09-06. Summary courts-martial - Appointment - Powers - Proceedings
Status: in_force

37-09-06. Summary courts-martial - Appointment - Powers - Proceedings

The commanding officer, with a rank of at least colonel (0-6), of each garrison, fort, post, or

other place, or of any regiment, corps, detached battalion, company, or other detachment, may

appoint for such place or command a summary court to consist of one officer, who shall have

power to administer oaths and to try the enlisted members of such place or command for

breaches of discipline and violations of laws governing such organization. Such court, when

satisfied of the guilt of a soldier, may:

1. Impose a fine in an amount not exceeding two hundred dollars for any single offense;

2. Sentence an enlisted member to reduction to the ranks;

3. Sentence an enlisted member to forfeiture of pay and allowances not to exceed two

hundred dollars for a single offense; or

4. Any combination of these punishments.

The proceedings of such court must be informal, and the minutes of the court must be the same

as those prescribed for summary courts of the United States army.
N.D. Cent. Code § 37-01-07 — ND Code / Title 37 / Chapter 37-01 / Section 37-01-07
37-01-07. Facilities and services at disposal of governor upon taking over coal mine or public utility
Status: in_force

37-01-07. Facilities and services at disposal of governor upon taking over coal mine

or public utility.

When the governor is required to take over and use any coal mine or public utility as

provided in section 37-01-06, the governor may:

1. Use any of the facilities or offices of this state.

2. Command the services of the state militia.
N.D. Cent. Code § 37-17.3-11 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-11
37-17.3-11. Statewide seamless base map fees - Continuing appropriation
Status: repealed

37-17.3-11. Statewide seamless base map fees - Continuing appropriation

Repealed by S.L. 2023, ch. 335, § 1.
N.D. Cent. Code § 37-07.2-02 — ND Code / Title 37 / Chapter 37-07.2 / Section 37-07.2-02
37-07.2-02. Limitation
Status: repealed

37-07.2-02. Limitation

Repealed by S.L. 1983, ch. 389, § 2.
N.D. Cent. Code § 37-18-10 — ND Code / Title 37 / Chapter 37-18 / Section 37-18-10
37-18-10. Unexpended funds transferred
Status: repealed

37-18-10. Unexpended funds transferred

Repealed by omission from this code.
N.D. Cent. Code § 37-17.1-14.4 — ND Code / Title 37 / Chapter 37-17.1 / Section 37-17.1-14.4
37-17.1-14.4. Text of the mutual aid agreement or compact
Status: repealed

37-17.1-14.4. Text of the mutual aid agreement or compact

Repealed by S.L. 1997, ch. 315, § 5.
N.D. Cent. Code § 37-17.3-12 — ND Code / Title 37 / Chapter 37-17.3 / Section 37-17.3-12
37-17.3-12. Statewide interoperable radio network fund
Status: in_force

37-17.3-12. Statewide interoperable radio network fund

1. A fund known as the statewide interoperable radio network fund must be maintained in

the state treasury. Subject to legislative approval and statewide interoperability

executive committee approval, moneys in the fund must be used for providing the

required state share of funding for expenses associated with the purchase, installation,

operation, and maintenance of a statewide interoperable radio network. The fund

consists of all moneys transferred into the fund, interest earned on moneys in the fund,

payments to the fund, and other fund earnings.

2. The chief information officer of the information technology department may apply for

and accept funds, grants, gifts, or services made available for the statewide

interoperable radio network by an agency or department of the federal government or

any other person. Any funds, grants, or gifts, or moneys received from services

received under this section must be deposited in the statewide interoperable radio

network fund.

3. Revenue received by a political subdivision in accordance with subsection 2 of section

57-40.6-02 must be remitted to the state treasurer for deposit in the statewide

interoperable radio network fund.
N.D. Cent. Code § 37-08-03 — ND Code / Title 37 / Chapter 37-08 / Section 37-08-03
37-08-03. Transfer from active to reserve list and from reserve to active list
Status: in_force

37-08-03. Transfer from active to reserve list and from reserve to active list

Under such regulations as the secretary of defense may prescribe, enlisted members of the

active national guard may be transferred to the national guard reserve and members enlisted in

or transferred to the national guard reserve may be transferred to the active national guard,

except that no enlisted member may be required to serve under any enlistment for a longer time

than the period for which that member enlisted in the active national guard or national guard

reserve, as the case may be.