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. “Disaster response coin” means a coin or medallion bearing a design to commemorate the response during a state disaster or emergency.
5. “Military forces of this state” means those individuals in the active militia.
6. “Militia” means a group of individuals defined in the Constitution of North Dakota.
7. “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”.
8. “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.
9. “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.
10. “State active duty” means active service on behalf of the state under authority of the governor at the expense of the state.
11. “State defense force” means the group of individuals in the reserve militia in state active duty under chapter 37-12.1.

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.

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 governing the armed forces of the United States as codified in the Manual for Courts-Martial, United States, 2019 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.

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.

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

Whenever the governor orders the national guard or any portion thereof into the active service of the state in accordance with sections 37-01-04 and 37-01-06, the adjutant general shall determine and record the costs of the national guard in performing such service. Immediately following the termination of such active service, or prior thereto if it is deemed necessary by the adjutant general, the adjutant general shall make application to the state emergency commission for a grant of funds from the contingency fund or other available funds in the state treasury in an amount equal to the costs of the national guard in performing such service. Notwithstanding other provisions of chapter 54-16, it must be conclusively presumed upon the receipt of such application by the emergency commission from the adjutant general that an emergency exists, and such commission shall forthwith grant and direct the transfer to the credit of the national guard from the contingency fund or such other funds as may be available of an amount equal to that certified in such application by the adjutant general.

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.

37-01-06. Seizure of property by governor to avert strike or lockout and to avert disaster or calamity.

The governor, as commander in chief of the military forces of this state, may take any measure necessary to prevent or avert any impending disaster or calamity which threatens to destroy life or property in this state, or which may entail loss of life or property, or result in great suffering or hardship among the people of this state. In the event of any strike or lockout, or threatened strike or lockout, of the employees of any coal mine or public utility which threatens to endanger the life and property of the people of this state, the governor may commandeer and take for use during any such emergency any such coal mine or public utility together with the machinery, equipment, and appurtenances of any such mine or utility which may be necessary to save life and property. The governor may employ all help necessary for the operation of any such coal mine or public utility and may make and enter into all contracts required for the operation thereof. The governor may purchase any and all material necessary for operating any such coal mine or public utility and may sell and distribute the products or services thereof.

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.

37-01-08. Proclamation of state of insurrection — Governor may proclaim.

If any portion of the militia is employed in aid of the civil authority, the governor, if in the governor’s judgment the maintenance of law and order will be promoted thereby, may declare by proclamation the county or city in which the troops are serving, or any specified portion thereof, to be in a state of insurrection.

37-01-09. Service medals.

The commander in chief of the national guard of this state may issue an order providing suitable service medals or ribbons or marks of distinction for all officers and enlisted members who have served in the national guard for an aggregate period of five, ten, twenty, thirty, and forty years, respectively, and for a like service thereafter or for service on active duty with the armed forces of the United States. Such service medals or ribbons may also be awarded to any member of the armed forces of the United States who shall serve in an active duty capacity with the North Dakota national guard for a period of two or more years.

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.

37-01-10.1. North Dakota legion of merit medal — Presented by whom — Qualifications — Regulations governing.

The governor, in the name of the legislative assembly, may present a military medal known as the “North Dakota legion of merit” to any member or former member of the North Dakota national guard who, in the discharge of the person’s military duty, has been distinguished by outstanding service to the North Dakota national guard, and that person’s community, state, and nation. Such medal may also be awarded to a member or former member of the armed forces of the United States or of the national guard of another state who performs outstanding service for the guard of this state. The medal must bear a suitable inscription and must be of military design as prescribed by the adjutant general. The medal must be awarded by the board of awards in the same manner as prescribed in section 37-01-10.

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.

37-01-11. Members of active militia exempt from civil process.

No person belonging to the active militia of this state may be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from any place which the person may be required to attend for military duty.

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.

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.

37-01-14. Free passage through toll gates, bridges, and ferries.

Any person belonging to the military forces of this state, going to or returning from any parade, encampment, drill, or meeting which the person may be required by law to attend, must be allowed to pass free through all toll gates and over all toll bridges and ferries, with the person’s conveyance and with any military property of this state in the person’s charge, if the person is in uniform or if the person presents an order for duty or a certificate of membership in the national guard.

37-01-15. Exemption from jury duty. [Repealed]

Repealed by S.L. 1977, ch. 113, § 1.

37-01-16. Unlawful conversion of military property — Unlawful wearing of uniforms and devices indicating rank — Penalty.

Any person who shall:

1. Secretly sell, dispose of, offer for sale, purchase, retain after a demand made by a commissioned officer of the national guard, or in any manner pawn or pledge any arms, uniforms, equipment, or other military property issued under the provisions of this title; or
2. Wear any uniform or any device, strap, knot, or insignia of any design or character used as a designation of grade, rank, or office, prescribed by law, or by general regulation duly promulgated, for the use of the national guard, or any device, strap, knot, or insignia similar thereto, unless the person is a member of the army or navy of the United States or of the national guard of this or any other state, a member of an association wholly composed of soldiers who have been honorably discharged from the service of the United States, or a member of the order of sons of veterans,

is guilty of a class B misdemeanor.

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

Repealed by S.L. 1975, ch. 106, § 673.

37-01-18. Officer or soldier of national guard making false certificate or return — Misdemeanor. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

37-01-19. Commanding officer may arrest trespassers and disturbers.

Upon any occasion of duty, the commanding officer may place under arrest during the continuance of such duty any person who shall:

1. Trespass upon the campground, parade ground, armory, or other place devoted to such duty;
2. Interrupt or molest in any way or manner the orderly discharge of duty by those under arms; or
3. Disturb or prevent the passage of troops going to or returning from such duty.

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.

37-01-21. Military parades by certain bodies prohibited — Exceptions — Penalty.

No body of people, other than the regularly organized units of the national guard and militia and the troops of the United States, may associate themselves together as a military company or organization or parade in public with firearms, and no municipality may raise or appropriate any money toward arming or equipping, uniforming or in any other way supporting, sustaining, or providing drillrooms or armories for, any such body of people. Associations wholly composed of soldiers honorably discharged from the service of the United States and members of the order of sons of veterans may parade in public with firearms on Decoration Day, upon the reception of any regiment or company of soldiers returning from service, or for the purpose of escort duty at the burial of deceased soldiers. Students in educational institutions where military science is a prescribed part of the course of instruction, with the consent of the governor, may drill and parade with firearms in public under the superintendence of their teachers. This section does not prevent any organization authorized to do so by law from parading with firearms nor prevent parades by the national guard of other states. Any person violating any provision of this section is guilty of a class B misdemeanor.

37-01-22. Governor may make rules and regulations governing military forces in state — Limitations — Effect.

The governor may make such rules and regulations as deemed expedient for the government of the military forces of this state, but such rules and regulations must conform to the provisions of this title and, as nearly as practicable, to those governing the armed forces of the United States. When promulgated, such rules and regulations have the same force and effect as the provisions of this title and may not be repealed, altered, amended, or added to except by the commanding officer of the national guard with the approval of the governor.

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.

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.

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.

All officers and employees of this state or of a political subdivision thereof who:

1. Are members of the national guard;
2. Are members of the armed forces reserve of the United States of America;
3. Shall be subject to call in the federal service by the president of the United States; or
4. Shall volunteer for such service,

when ordered by proper authority to active noncivilian employment, are entitled to a leave of absence from such civil service for the period of such active service without loss of status or efficiency rating. If such persons have been in the continuous employ of the state or political subdivision for ninety days immediately preceding the leave of absence, they shall receive twenty workdays each calendar year without loss of pay. In addition, any 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 thereof less any other paid leave of absence which may have been granted during the calendar year pursuant to this section. However, if leave is required for weekend, daily, or hourly periods of drill for military training 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 time off with a concurrent loss of pay for the period missed or must be given an opportunity to reschedule the workperiod so that the reserve or national guard weekend, daily, or hourly drill or period of training occurs during time off from work without loss of status or efficiency rating.

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.

37-01-25.2. Penalty. [Repealed]

Repealed by omission from this code.

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.

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

Repealed by S.L. 1969, ch. 528, § 24.

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.

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

The discipline, including the training, of the national guard must conform to the system which is prescribed by the Congress of the United States.

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.

37-01-31. Honorably discharged veterans preferred for appointment to state or municipal offices — Physical defects not to disqualify. [Repealed]

Repealed by S.L. 1973, ch. 282, § 3.

Note.

For present provisions, see § 37-19.1-02.

37-01-32. State treasurer as trustee exchanging farmlands for military purposes — Conditions of exchange. [Repealed]

Repealed by S.L. 1953, ch. 223, § 9.

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.

37-01-34. Recordation of discharge papers.

An individual discharged from any branch of the armed forces of the United States may record, without payment of any fee, that individual’s discharge from the armed forces, a certificate issued in lieu of the discharge, duly authenticated and certified copies of the discharge or certificate, or duly certified records of that individual’s service and discharge from the armed forces in the office of the recorder of the county in which that individual resides, unless the board of county commissioners designates a different official. Any discharge document recorded by the recorder, or designated official, may be made available only to the following persons: the veteran, the parents, the veteran’s next of kin, the veteran’s legal representative, a county veterans’ service officer, a veterans’ organization service officer, the department of veterans’ affairs, or a designee of the veteran.

37-01-35. Legalizing previous recordings.

If a recorder, or designated official, has recorded discharge papers without charging the recording fees provided by law, the recording is declared legalized. In no such case may the recorder, or designated official, be held responsible in cases in which filing fees have not been collected.

37-01-36. Certified copy of record furnished veteran without charge.

If a copy of any public record is required by any veteran or a veteran’s guardian, dependent, or representative in connection with an application for benefits made available by federal or state laws, the official charged with the custody of such public record, without charge, shall provide a certified copy of such record upon request. This section is subject to the restrictions provided for in section 37-01-34.

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.

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.

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.

37-01-39.1. Unit funds — Maintenance and expenditure.

Each unit of the North Dakota national guard, upon approval of the adjutant general, is authorized to maintain a nonreverting unit fund for purposes as prescribed by federal law and regulations relating to unit funds of the federal military forces and to pay petty operating, equipment, and supply costs incurred by the individual units. All funds transferred by the adjutant general to the unit fund must be deposited in the unit fund and are hereby appropriated for the maintenance and operation of the unit funds. Unit funds may be expended upon authorization of the unit fund custodian designated by the adjutant general under guidelines established by the adjutant general.

37-01-40. Veteran and wartime veteran defined — Uniform service dates for wartime veterans.

1. A “veteran” is an individual who has served on continuous federalized active military duty for one hundred eighty days or the full period for which the individual was called or ordered to active military duty for reasons other than training, and who was discharged or released under other than dishonorable conditions. A discharge reflecting “expiration of term of service” or “completion of required service” or words to that effect qualifies the shorter term of service as making the individual a veteran.
2. A “wartime veteran” is an individual who served in the active military forces, during a period of armed conflict or who received the armed forces expeditionary or other campaign service medal during an emergency condition and who was discharged or released under other than dishonorable conditions. “Wartime veteran” also includes an individual who died in the line of duty in the active military forces, as determined by the armed forces.
3. Period of service dates for a wartime veteran begins with the date of any declaration of war by the Congress of the United States or presidential proclamation beginning hostilities or the beginning of an emergency condition recognized by the issuance of a presidential proclamation or a presidential executive order and in which the armed forces expeditionary medal or other campaign service medals are awarded according to presidential executive order and ending on a date prescribed by presidential proclamation or concurrent resolution of the Congress of the United States and dates determined by the United States department of defense.
4. Current uniform period of service dates for periods of armed conflict include:
   1. The period beginning December 7, 1941, through December 31, 1946, known as world war II;
   2. The period beginning June 27, 1950, through January 31, 1955, known as the Korean war;
   3. The period beginning August 5, 1964, through May 7, 1975, known as the Vietnam war;
   4. The period beginning August 2, 1990, through January 2, 1992, known as the gulf war; and
   5. The period beginning September 11, 2001, and ending on a date prescribed by presidential proclamation or by Congress as the last day of operation Iraqi freedom or operation enduring freedom, whichever occurs later.
5. The department of veterans’ affairs shall maintain a list of all period of service dates for emergency conditions in which the armed forces expeditionary medal has been awarded.

37-01-41. Claims against the national guard.

1. Any individual injured by an activity of the North Dakota national guard may submit a claim to the adjutant general. As used in this section, “claim” means a monetary demand upon the state for personal injury or property damage arising from activities of the national guard while on state active duty.
2. The adjutant general may approve a claim for less than two thousand five hundred dollars. If the claim is approved by the adjutant general, the adjutant general shall apply to the emergency commission for an amount from the contingency fund sufficient to pay the claim. It must be conclusively presumed upon the receipt of such application by the emergency commission that an emergency exists, and the commission shall direct the transfer of the requested amount to the adjutant general from the contingency fund. The adjutant general, upon receipt of the transfer from the contingency fund, shall pay the claim.
3. The adjutant general shall forward any claim exceeding two thousand five hundred dollars to the emergency commission with the adjutant general’s recommendation. If the claim is approved by the emergency commission, it must be conclusively presumed that an emergency exists, and the commission shall direct the transfer of the approved amount to the adjutant general from the contingency fund. The adjutant general, upon receipt of the transfer from the contingency fund, shall pay the claim.
4. Decisions of the adjutant general or the emergency commission partially or totally denying a claim may not be appealed to any court of this state.
5. Claims may not be submitted to the legislative assembly unless the claim has been partially or totally denied by the adjutant general or the emergency commission.

37-01-42. Honorary high school diplomas — Veterans of World War II and Korean and Vietnam conflicts.

1. Any World War II veteran who did not receive a high school diploma may apply for an honorary high school diploma, provided:
   1. The veteran entered the United States armed forces between September 16, 1940, and December 31, 1946, prior to completing the necessary high school graduation requirements; and
   2. The veteran was honorably discharged from the United States armed forces.
2. Any Korean conflict veteran who did not receive a high school diploma may apply for an honorary high school diploma, provided:
   1. The veteran was a member of the United States armed forces between June 27, 1950, and January 31, 1955; and
   2. The veteran was honorably discharged from the United States armed forces.
3. Any Vietnam conflict veteran who did not receive a high school diploma may apply for an honorary high school diploma, provided:
   1. The veteran entered the United States armed forces between February 28, 1961, and May 7, 1975; and
   2. The veteran was honorably discharged from the United States armed forces.
4. In order to receive an honorary high school diploma, the veteran or a representative of the veteran shall complete an application on a form prescribed by the superintendent of public instruction. A county veterans’ service officer shall certify the veteran’s status as an honorably discharged veteran who served during the qualifying period to the superintendent of public instruction. The superintendent of public instruction shall forward the application to the school district in which the veteran last attended school before induction. If the school district no longer exists, the application must be forwarded to the school district that has jurisdiction. If a school district decides not to issue a diploma under this program, the veteran may apply to the superintendent of public instruction for the diploma.
5. The school district and the superintendent of public instruction shall review and either approve or deny each application received.
6. If a veteran who would have qualified for a diploma under this section is deceased, a family member of the veteran may apply for and, if approved, be awarded the veteran’s honorary high school diploma.

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

An individual called or ordered to active service for thirty consecutive days or longer has all of the protections afforded to persons in the military service of the United States under the Servicemembers Civil Relief Act [50 U.S.C. 3901-4043] in effect on December 31, 2020.

37-01-44. Reimbursement of certain medical expenses for North Dakota national guard members while on state active duty.

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 and when such treatment occurred while on state active duty. 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.

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.

37-01-46. Honoring as veterans individuals who have performed military service.

An individual who has performed service in the national guard, the armed forces reserve of the United States, or active duty armed forces of the United States, has received an honorable discharge from service, and is not otherwise included within the definition of a veteran under federal or state law is, at the completion of that individual’s term of service, honored as a veteran, but is not entitled to any benefits or preferences available to veterans by reason of this section.

History. S.L. 2015, ch. 250, § 1, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

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.

37-02-01. Militia — How constituted — Exceptions.

All able-bodied male citizens and all able-bodied males of foreign birth who have declared an intention to become citizens, who are between the ages of eighteen and forty-five years and who are residents of this state, and other volunteers allowed by law constitute the militia unless exempted by the laws of the United States or by the laws of this state.

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

The North Dakota national guard consists of regularly enlisted and enrolled members within the age limits prescribed by federal law; organized, armed, and equipped as provided in this title and of commissioned officers within the ages conforming to the rules and regulations promulgated by the department of the army and department of the air force as conditions precedent to federal recognition.

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.

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.

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

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

37-02-06. Staff of governor.

1. The staff of the governor consists of:
   1. The adjutant general is the chief of staff and holds a rank consistent with that individual’s length of service and federal laws and regulations, but not to exceed the rank of lieutenant general.
   2. An assistant adjutant general for army who must hold a rank consistent with that individual’s length of service and federal laws and regulations, but not to exceed the rank of brigadier general.
   3. An assistant adjutant general for air force who must hold a rank consistent with that individual’s length of service and federal laws and regulations, but not to exceed the rank of brigadier general.
   4. Other assistant adjutants general authorized by a table of organization prescribed by the laws or regulations of the United States or laws of this state who must hold a rank consistent with length of service and federal laws and regulations, but not to exceed the rank of brigadier general.
2. The governor shall deputize one of the assistant adjutant generals to serve as deputy adjutant general. The deputy has all the powers and duties of the adjutant general, except in instances where authority has been restricted by the adjutant general, and shall serve as acting adjutant general in case of the absence or inability of the adjutant general.

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.

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.

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

An assistant adjutant general for army, an assistant adjutant general for air force, and other assistant adjutants general authorized by a table of organization prescribed by the laws or regulations of the United States may be appointed by the governor upon the recommendation of the adjutant general. Each assistant adjutant general must have had not less than three years’ commissioned service in the North Dakota national guard immediately preceding the appointment and must have attained the rank of lieutenant colonel. Upon appointment, each assistant adjutant general must have the rank as is consistent with federal laws and regulations. The assistant adjutant general for army and the assistant adjutant general for air force have general supervision over the training of the troops and the administration of the affairs of their respective departments. An assistant adjutant general for the department of military records may be appointed by the governor upon recommendation of the adjutant general from among the active or retired officers of the North Dakota national guard. The assistant adjutant general for military records must have the rank consistent with experience and length of service.

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

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

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.

37-03-05. General duties of adjutant general.

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

1. Perform the duties pertaining to the adjutant general and other chiefs of staff departments under the regulations and customs of the United States army.
2. Superintend the preparation of all military returns and reports required by the United States from this state.
3. Keep a register of all the officers of the militia and national guard of this state.
4. Keep in the office of the adjutant general all records and papers required to be kept and filed in the office.
5. Cause to be prepared and issued all necessary blank books, blanks, forms, and notices required to carry into full effect this title. All such books and blanks are the property of this state.
6. Adopt any regulations relating to the preparation of reports and returns, and to the care and preservation of military property belonging to this state and to the United States, as in the adjutant general’s opinion the conditions demand. The regulations are operative when promulgated in the form of general orders, circulars, or letters of instruction.
7. Render annually to the governor a statement in detail showing the acquisition and disposition of all clothing, ordnance, arms, ammunition, and other military property on hand or issued.
8. Keep in the office of the adjutant general a list of the retired officers of the organized militia, showing age, military experience, and training of each.
9. Perform all other duties prescribed for the adjutant general by law.

37-03-05.1. Biennial report.

The adjutant general may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. If submitted, the report must include a detailed statement of all the expenditures for military purposes during the preceding two fiscal years.

37-03-06. Adjutant general responsible for military property in state — Requirements governing shipment — Reports.

The adjutant general is responsible for all arms, ordnance, accoutrements, equipment, and other military property which may be issued to this state by the secretary of defense in compliance with law. The adjutant general shall prepare a return of said arms and other property of the United States at the times and in the manner requested by the secretary of defense. Upon the order of the governor, the adjutant general shall turn into the ordnance department of the United States army the rifles, carbines, bayonets, bayonet scabbards, gun slings, belts, and such other necessary accoutrements and equipment, the property of the United States in possession of this state, which may be replaced from time to time by new arms and equipment sent by the United States in substitution therefor, and shall cause the same to be shipped under instructions from the secretary of defense to the designated arsenal or depot at the expense of the United States. When the national guard of this state is fully armed and equipped with standard service magazine arms and the standard equipment and accoutrements of the United States army, the adjutant general shall cause all the remaining arms and equipment, the property of the United States and in possession of this state, to be transferred and shipped as directed in this section.

37-03-07. Military property — Issuance — Purchase.

The adjutant general shall issue, or cause to be issued, all military property. No military property may be issued to persons or organizations other than those belonging to the national guard of this state or to such portions of the reserve militia as may be called out by the governor. Purchases of property must be by the office of management and budget or as otherwise provided by law. In case of insurrection, invasion, tumult, riot, or breaches of the peace, or of imminent danger thereof, or other exigency, the governor, upon the certificate of the commanding officer of the national guard, may suspend temporarily the operation of this section and direct the adjutant general to purchase in the open market such military property as may be required. The adjutant general shall report such action, with the reason therefor, and a statement of the property purchased and the prices paid therefor, to the legislative assembly at its next session.

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.

37-03-09. Funds for national guard — Plan of proposed field service to be submitted before receiving.

In order that the national guard may receive the benefit of the funds provided by the Congress of the United States, the adjutant general shall submit a plan of proposed field or camp service of instruction prepared by the commanding officer of the national guard for the ensuing year. Such plan must contain an estimate of the funds required for payment, subsistence, and transportation of that portion of the national guard participating therein. The estimate must contain the details and must be made out in the form required by instructions from the secretary of defense.

37-03-10. Adjutant general to request names of officers at educational institutions qualified to act as officers. [Repealed]

Repealed by S.L. 1953, ch. 223, § 9.

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.

37-03-12. Adjutant general to compile and distribute record of men and women in military service. [Repealed]

Repealed by S.L. 2001, ch. 233, § 2.

37-03-13. Adjutant general to control military installations — Maintenance fund — Insurance.

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.

The adjutant general, after consultation with the insurance commissioner, shall insure with the state fire and tornado fund in accordance with chapter 26.1-22 such buildings, installations, and facilities or their contents or portions thereof 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.

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.

37-03-15. Training facility designated.

The training facility located at Camp Grafton (South) is to remain a part of the overall Camp Grafton training complex but is designated as the Major General C. Emerson Murry regional live fire and maneuver training center.

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.

37-03-17. North Dakota adjutant general and disaster response coin — Presented by whom — Qualifications.

The adjutant general may present an adjutant general coin to deserving individuals who have distinguished themselves through exceptional service to the mission of the North Dakota national guard or department of emergency services. The adjutant general may present a disaster response coin to deserving individuals who have distinguished themselves through exceptional service during times of disaster or emergency in the state.

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.

37-04-01. Commissioned officers of national guard — Qualifications.

Officers of the national guard may not be commissioned as such unless they are at least nineteen years of age and shall have been selected from the classes of persons having the qualifications prescribed by federal law.

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.

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.

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.

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37-04-05. Bond of officer. [Repealed]

Repealed by S.L. 1983, ch. 389, § 2.

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.

37-04-07. Responsibility for efficiency.

The officer commanding the national guard may cause those under that officer’s command to perform any military duty, and that officer is responsible to the governor for the general efficiency of the national guard and for the drill, instruction, small arms and artillery practice, movements, operations, and care of the troops. Commanding officers of organizations are responsible to their immediate commanders for the equipment, drill, instruction, movements, and efficiency of their respective commands. All commissioned officers and enlisted personnel are responsible to their immediate commanding officers for prompt and unhesitating obedience, proper drill, and the preservation and proper use of the property of this state or of the organization which is in their possession.

37-04-08. Pay received by commissioned officers of the national guard.

Every commissioned officer of the national guard is entitled to receive from this state, while engaged in any service ordered by the governor, pay and allowances at the rate allowed by law to officers of similar rank and length of service in the United States army. If ordered to active duty by the governor in response to an emergency management assistance compact request and if the requesting state pays state active duty pay at a higher rate than this state, the commissioned officer is entitled to the higher rate of pay. Each commissioned officer of the national guard is entitled to receive a state active duty pay enhancement of three hundred dollars for every month spent on state active duty or a prorated amount for each day of state active duty up to three hundred dollars per month. The adjutant general and deputy assistant adjutant general when receiving salary from the state and not on active duty in a federal status are entitled to receive such compensation as may be appropriated by the legislative assembly for that purpose, provided that when the adjutant general receives compensation from the government of the United States as director of selective service, such compensation must be deducted from the compensation otherwise due the adjutant general from the state and the adjutant general may be paid from state funds only the difference, if any, between the compensation from the United States and the compensation provided in this section.

37-04-09. Expenses allowed officers and enlisted men of national guard.

When officers or enlisted men of the national guard are convened by order of the governor at a meeting of instruction other than annual camp, or when they are detailed under orders to perform military duties outside of their own stations, they must be reimbursed for traveling and incidental expenses at the same rate as provided by law for other state officials. The adjutant general may, in the adjutant general’s discretion, authorize the purchase of meals or rations for officers or enlisted men of the national guard in a duty or travel status in lieu of individual reimbursement for meals.

37-04-10. Allowances for commissioned officers. [Repealed]

Repealed by S.L. 1953, ch. 223, § 9.

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

An officer 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 in pursuance of any provision of this title, must be paid a sum equal to one day’s duty pay for each day that officer is actually employed on such board or court or engaged in the business thereof, or in which that officer is traveling to and from such board or court. Such sum may not exceed ten days’ pay and 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 such court or board to sit for a longer period, or in case of a court-martial, the governor or the officer ordering such court has authorized such court to sit for a longer period than ten days. An officer detailed to serve on a court-martial must be paid for each day actually employed therein, engaged in the business thereof, or in traveling to and from the same, and traveling expenses and subsistence, when such court is held at a place other than the city of the officer’s residence.

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

National guard officers assigned to duty with the regular army, while so assigned, shall receive the pay and allowances authorized by federal law.

37-04-13. Pay of officers having administrative functions.

In addition to the pay provided for in this title, officers commanding organizations less than a brigade and having administrative functions connected therewith shall receive such pay as the federal law provides for the faithful performances of such administrative functions, under such regulations as the secretary of defense may prescribe, whether or not such officers belong to such organizations.

37-04-14. Resignation of commissioned officers.

Commissioned officers may resign in such manner and under such circumstances as may be prescribed by federal regulations.

37-04-15. Vacating commissions — Acquisition of reserve status.

A commission in the national guard may be vacated:

1. At any time when it is determined by an efficiency board as provided by federal regulation that the officer holding the commission is no longer fit for service by reason of the officer’s moral character, capacity, or general fitness for service;
2. By resignation of the officer holding the commission;
3. By the absence of the officer without leave for a period of three months; or
4. Pursuant to the sentence of a court-martial.

Officers of the national guard who are rendered superfluous by the disbandment of their organization must be disposed of as provided by federal law. An officer, upon application therefor, may be placed in the reserve in such manner as may be authorized by federal law.

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.

37-04-17. Board appointed to determine disability, unfitness, or incompetency of officers — Powers of board — Findings.

Before the governor shall make an order placing an officer on the retired list on the ground that such officer is disabled, unfit, or incompetent, the governor shall appoint a board of not less than five commissioned officers, one of whom must be a surgeon, to investigate and report on the matter. Such board shall determine the facts as to the nature and cause of the incapacity of the officer who appears to be disabled, unfit, or incompetent from any cause to perform military service, and whose case shall be referred to it. Before entering upon the discharge of a member’s duties, each member of the board must be sworn to an honest and impartial performance of the person’s duties as a member of the board. No officer whose grade or promotion would be affected by the decision of such board in any case that may come before it may participate in the examination or decision in such case. The board has the powers of courts of inquiry and courts-martial, and whenever it finds an officer incapacitated for active service, it shall report such fact to the governor, stating the cause of incapacity, whether from disability, unfitness, or incompetency. If the governor approves the finding of the board, the officer must be placed upon the retired list as provided in this chapter. No officer may be placed upon the retired list by the action of such board without having had a full and fair hearing before the board if, upon due notice, that officer demands it. It is not necessary to refer any case for the action of the board unless the officer designated to be placed upon the retired list, within twenty days after being notified that the officer will be so retired, serves on the adjutant general a notice in writing that the officer demands a hearing and examination before such board.

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.

37-05-01. Property and disbursing officer — Qualifications — Appointment — Bond — Compensation.

The governor shall appoint, designate, or detail, subject to the approval of the secretary of defense, an officer of the national guard of this state, who is the accountable property and disbursing officer of the United States and shall perform the duties of such office in addition to any other duties which the officer may be required to perform. Before entering upon the performance of the officer’s duties as property and disbursing officer, the officer shall give a good and sufficient bond to the United States, in such amount as the secretary of defense may require, conditioned for the faithful performance of the officer’s duties and the safekeeping and proper disbursing of the federal property and funds entrusted to the officer’s care. After having qualified as property and disbursing officer, the officer shall receive pay for the officer’s services at a rate to be fixed by the secretary of defense.

37-05-02. Secretary of defense to pay allotment to property and disbursing officer — Amount.

Upon requisition by the governor, the secretary of defense may pay to the property and disbursing officer so much of this state’s allotment out of the annual appropriation for the support of the national guard of this state as in the judgment of the secretary of defense may be necessary.

37-05-03. Accounts, returns, and reports made by property and disbursing officer.

The property and disbursing officer shall render through the defense department such accounts of federal funds entrusted to that officer for disbursement as may be required by the treasury department of the United States. The property and disbursing officer shall receipt and be accountable for all funds and property belonging to the United States in possession of this state and shall make such returns and reports concerning the same as may be required by the secretary of defense.

37-05-04. Property and disbursing officer may entrust money to other officers — Liability — Penalty for misconduct.

Under such regulations as may be prescribed by the secretary of defense, the property and disbursing officer accountable for public moneys may entrust money to any other officer of the national guard for the purpose of having that officer make disbursements thereof as the property and disbursing officer’s agent, and each officer to whom money is so entrusted, as well as the officer entrusting the same to that officer, must be held pecuniarily responsible therefor to the United States. For the agent officer’s official misconduct, the agent officer is subject to all the liabilities and penalties prescribed by law in like cases for the officer for whom the agent officer acts as agent.

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.

37-07-02. Reenlistment periods in national guard.

Reenlistments in the national guard subsequent to original enlistments may be made for such period as may be prescribed by the adjutant general in accordance with regulations promulgated by the United States department of defense. For the purpose of this section, any enlistment by a person who has previously served six months or more in the armed forces of the United States must be considered a re-enlistment.

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.

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37-07-04. Transfers of enlisted men.

Enlisted members of the national guard removing from one location to another in this state may be transferred from one unit to another within the same organization upon recommendations of the respective unit commanders concerned and approval of the commanding officer of the organization. Transfers between organizations will be made only upon the approval of the adjutant general.

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

1. Each enlisted member of the national guard, when called into active service by the governor, is entitled to receive pay at the rate provided for enlisted personnel of similar grade, rating, and term of enlistment in the national guard of the United States, except that such daily pay rate for each of the grades hereafter listed must be increased by the percentage set forth after such grade as follows:
   1. E-3 55%
   2. E-4 45%
   3. E-5 35%
   4. E-6 25%
   5. E-7 15%
   6. E-8 10%
2. If ordered by the governor in response to an emergency management assistance compact request and if the requesting state pays state active duty pay at a higher rate than this state, the enlisted member may receive the higher rate of pay if the requesting state reimburses this state for the higher rate of pay. Each enlisted member is entitled to receive transportation, shelter, and subsistence. The value of articles issued to any member of a company or battery and not returned in good order on demand, and all legal fines or forfeitures, may be deducted from the member’s pay. Each enlisted member also is entitled to receive a state active duty pay enhancement of three hundred dollars for every month spent on state active duty or a prorated amount for each day of state active duty up to three hundred dollars per month. Pay at an annual encampment must be such as is allowed by federal law.

37-07-06. Discharge of enlisted person.

An enlisted person discharged from service in the national guard, except when drafted into the military service of the United States, shall receive a discharge in writing in such form and with such classification as is or shall be prescribed for the regular army. In time of peace, a discharge may be given prior to the expiration of the term of enlistment under such regulations as the president may prescribe.

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.

37-07.1-02. Definitions.

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

1. “School” means any university, college, career and technical education school, technical school, or postsecondary educational institution.
2. “State-controlled school” means any school which is controlled, financially supported, and operated by the state, a school district, or any other political subdivision.
3. “Tuition” means the normal registration fee.

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.

37-07.1-04. Limitations. [Repealed]

Repealed by S.L. 1983, ch. 389, § 2.

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.

37-07.1-06. Tuition — Assistance payments. [Repealed]

Repealed by S.L. 1995, ch. 351, § 4.

37-07.1-06.1. North Dakota national guard tuition fund. [Repealed]

Repealed by S.L. 2009, ch. 301, § 3.

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.

37-07.1-07. Regulations.

The adjutant general may adopt, amend, and rescind any national guard regulations pursuant to chapter 28-32 deemed necessary to implement and administer this chapter.

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

1. Subject to legislative appropriation and rules adopted by the adjutant general, a qualifying member of the national guard who enrolls in an accredited postsecondary institution in North Dakota which is not controlled by the state may receive a grant in an amount not to exceed the cost of tuition and fees for similar courses and credit hours for a qualifying member of the national guard who is enrolled in the North Dakota university system institution with the highest tuition and fee rate.
2. Any accredited postsecondary institution that is not controlled by the state and which participates in the national guard member grant program shall waive twenty-five percent of the tuition that otherwise would be charged to each enrolled, qualifying member of the national guard.
3. The adjutant general shall adopt rules for distributing grants under this section and establishing qualification requirements for grant recipients.
4. A member of the national guard may receive a grant under this section only as long as the member maintains satisfactory performance with the national guard, meets the qualification requirements of the rules adopted under this section, and pursues a course of study satisfying the normal requirements of the postsecondary institution in which the member is enrolled.
5. For purposes of calculating the grant amount under subsection 1, the “cost of tuition and fees for similar courses and credit hours for a qualifying member of the national guard who is enrolled in the North Dakota university system institution with the highest tuition and fee rate” may not be reduced by more than twenty-five percent pursuant to section 37-07.1-03.

37-07.2-02. Limitation. [Repealed]

Repealed by S.L. 1983, ch. 389, § 2.

37-07.2-03. Application for grant.

It is the responsibility of the member of the national guard to request the grant on an application provided by the adjutant general. The application must be completed at the time of enrollment for each semester or academic term for which a grant is requested, or upon initial appointment into the national guard. The grants provided for in this chapter must be paid from such funds as may be appropriated for tuition payment purposes in accordance with chapter 37-07.1.

37-07.2-04. Regulations.

The adjutant general may adopt, amend, and rescind any national guard regulations, pursuant to chapter 28-32, deemed necessary to implement and administer this chapter.

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.

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.

37-07.3-03. Trust fund use.

The principal, interest, and income from the national guard training area and facility development trust fund must be used by the adjutant general solely for training area acquisition and facility development; provided the principal, and any interest and income which the fund accrues from July 1, 2019, through June 30, 2023, must be used solely for the acquisition or lease of land for national guard training purposes at Camp Gilbert C. Grafton training center and the expenditure, in conjunction with federal matching funds, for the construction of new national guard armories.

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.

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.

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

Individuals duly qualified for enlistment in the active national guard may enlist in the national guard reserve for a period of one year or three years under the regulations prescribed by the secretary of defense. Upon enlisting in the reserve, each individual shall subscribe the following enlistment contract and take the oath therein specified:

I acknowledge to have voluntarily enlisted on , , as a soldier in the national guard of the United States and of the state of North Dakota, to serve in the reserve thereof, or in the active national guard of the United States and said state if transferred thereto, for a period of one year (or three years), unless sooner discharged by proper authority, and I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the state of North Dakota, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the president of the United States and the governor of the state of North Dakota, and of the officers appointed over me according to law, the rules of war, and the uniform code of military justice.

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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.

37-08-04. Method of drafting reserves for service.

Whenever it is necessary to call out any portion of the reserve militia for active duty, the governor shall direct an order to the adjutant general, who, upon receipt of such order, shall cause to be drafted by lot, by mustering officers detailed for that duty from the national guard, as many of the reserve militia, or shall accept as many volunteers, as are required by the governor. The adjutant general forthwith shall forward to the governor a list of persons drafted or accepted as volunteers.

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.

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.

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).

37-09-03. Court of inquiry — How constituted — Duties. [Repealed]

Repealed by S.L. 1999, ch. 322, § 11.

37-09-04. General courts-martial — Convening — Powers.

A general court-martial may be convened by order of the governor or the adjutant general. Such court may sentence any member to:

1. A fine not exceeding five hundred dollars for a single offense;
2. Forfeiture of pay and allowances of not more than five hundred dollars for a single offense;
3. A reprimand;
4. Dismissal or bad conduct discharge, or dishonorable discharge;
5. Reduction of an enlisted member to any lower rank;
6. Confinement of not more than one hundred eighty days; or
7. Any combination of these punishments.

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.

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.

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

The presiding officer of a military court may accept a bond for the delivery of the accused upon demand after the final action of the court, and even after the jurisdiction of such court terminates the presiding officer may accept a bond pending the action of the reviewing authority. Such bond, however, may not be less than twice the amount of the maximum sentence which may be imposed for the charge when expressed in terms of fine or forfeiture.

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.

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.

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.

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.

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.

37-09-13. Limitations on peacetime sentence of court-martial — Alternatives in complying with sentence. [Repealed]

Repealed by S.L. 1999, ch. 322, § 11.

37-09-14. Sentence of court-martial to be approved.

A sentence of any court-martial is not effective until approved by the convening authority. A sentence of dismissal from the service or dishonorable discharge imposed by a court-martial may not be executed until approved by the governor.

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.

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.

37-09-17. Keeper of municipal or county jails to receive persons committed by military court.

The keeper of any municipal or county jail shall receive persons committed to the keeper by a military court, and shall confine them in accordance with the direction and sentence of said court.

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.

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.

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.

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.

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.

37-10-02. Board of armory supervisors — Appointment — Meetings. [Repealed]

Repealed by S.L. 1971, ch. 343, § 8.

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.

37-10-03.1. Sale of portions of Fraine Barracks. [Repealed]

Repealed by S.L. 1991, ch. 379, § 2.

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

The adjutant general may exchange with or sell to any person lands owned by the state and used for military purposes, and may purchase, within funds available, parcels of land necessary for the construction of armories or the expansion of present military installations in the state. Sales must be made under the provisions of sections 54-01-05.1 and 54-01-05.2 and all net proceeds of sales must be placed in the national guard training area and facility development trust fund. The adjutant general may lease parts of military installations to any person. Land originally acquired from a county, city, or political subdivision for nominal consideration may be vacated by the adjutant general and conveyed back to the county, city, or political subdivision when the land is no longer necessary for military purposes.

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.

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

The adjutant general or the adjutant general’s designee is the contracting officer for the state concerning the construction of national guard facilities. Governing bodies of political subdivisions may, by resolution, also designate the adjutant general or the adjutant general’s designee as their contracting officer for the construction of national guard facilities.

37-10-03.5. National guard facilities — Maintenance and repair board. [Repealed]

Repealed by S.L. 2003, ch. 298, § 1.

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.

37-10-05. Bidder’s bond in lieu of certified check. [Repealed]

Repealed by S.L. 1979, ch. 390, § 6.

37-10-06. Transfer of motor storage buildings. [Repealed]

Repealed by S.L. 1979, ch. 390, § 6.

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.

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.

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

Repealed by S.L. 1965, ch. 256, § 6.

37-11-04. Amount of pensions and claims allowed. [Repealed]

Repealed by S.L. 1979, ch. 392, § 3.

37-11-05. Pension examiners and examining boards — Appointment — Powers and duties. [Repealed]

Repealed by S.L. 1965, ch. 256, § 6.

37-11-06. Striking pensioners from pension rolls and changing pension awarded. [Repealed]

Repealed by S.L. 1979, ch. 392, § 3.

37-11-07. Disability allowances and care provided. [Repealed]

Repealed by S.L. 1979, ch. 392, § 3.

37-11-08. Claims for disability allowances and care — How considered — Powers of board of inquiry. [Repealed]

Repealed by S.L. 1965, ch. 256, § 6.

37-11-09. Review of findings of board of inquiry on claim for disability allowances — Payment of claim. [Repealed]

Repealed by S.L. 1965, ch. 256, § 6.

37-12.1-01. Plans for a state defense force.

The governor shall develop and maintain plans for the establishment of a state defense force.

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.

37-12.1-03. Governor to adopt rules governing a state defense force.

If the governor establishes a state defense force, the governor shall adopt rules governing, among other things, the appointment of officers, enlistments, organization of units, equipment, administration, training, pay, and discipline. The rules must, to the extent practicable, conform to the rules governing the North Dakota national guard. The provisions of chapter 28-32 do not apply to the rules required by this chapter.

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.

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.

37-14-01. Veterans’ aid commission — Appointment — Qualifications — Secretary. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-14-01.1. Definition of veteran.

As used in this chapter, “veteran” means an individual who served in the armed forces of the United States on federal active duty:

1. For reasons other than training and who has been discharged under other than dishonorable conditions; or
2. To whom the United States veterans administration has assigned a service-connected disability rating.

37-14-02. Term of members — Removal. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

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 21-10. Disbursements from the fund must be made as provided in this chapter.

37-14-03.1. Additional appropriation for 1945. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-14-03.2. Additional appropriation for 1947. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-14-03.3. Revolving fund.

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

1. Making loans to any veteran and to a surviving spouse of a veteran if the spouse has not remarried;
2. Collecting loans if in the opinion of the department a person has the financial means to repay and that person deliberately refuses to repay; and
3. Paying administrative expenses related to the making and collection of loans made from the fund.

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

Repealed by S.L. 1971, ch. 344, § 25.

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

Repealed by S.L. 1971, ch. 344, § 25.

37-14-04. Veterans’ aid fund — Purpose.

The purpose of the veterans’ aid fund is to make loans to any veteran and to a surviving spouse of a veteran if the spouse has not remarried. A qualified applicant may be permitted to receive more than one loan providing the total amount of all loans does not exceed five thousand dollars.

37-14-05. Application for aid.

A qualified person may apply to the department of veterans’ affairs in such form as it provides, either while the applicant is waiting for relief or assistance from another agency, state or federal, or for further assistance for the applicant’s education, or otherwise.

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 five 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 five thousand dollars. If an applicant is provided more than one loan, the amounts will be consolidated into one payment.

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.

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.

37-14-09. Records — Biennial report.

The department of veterans’ affairs shall keep full records and files of all transactions, applications, advancements, and business pertaining to the veterans’ aid fund. The department may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

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.

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.

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.

37-14-13. Commissioners’ compensation — Executive secretary. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-14-14. Veterans’ postwar trust fund.

The veterans’ postwar trust fund is a permanent trust fund of the state of North Dakota and consists of moneys transferred or credited to the fund under this chapter and other laws. Investment of the fund is the responsibility of the state treasurer who shall have full authority to invest the fund only in accordance with chapter 21-10. All income received from investments is to be utilized only for programs of benefit and service to veterans or their dependents, and all income earned in a biennium is appropriated to the administrative committee on veterans’ affairs on a continuing basis in the following biennium and not in the biennium the income is earned for expenditure on these programs as authorized by law. Investment of all income received from investments is the responsibility of the state treasurer who has full authority to invest the income received only in accordance with chapter 21-10.

37-14-15. Rehabilitation fund expended as directed by legislative assembly. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-14-16. Appropriation. [Repealed]

Omitted.

37-14-16.1. 1945 appropriation. [Repealed]

Omitted.

37-14-16.2. 1947 appropriation. [Repealed]

Omitted.

37-14-17. Investment of rehabilitation fund. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

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.

37-14-19. Salary and expenses of county veterans’ service officer.

The county veterans’ service officer must be paid such monthly salary for full-time or part-time work as the board of county commissioners deems commensurate with the needs of the situation, together with actual living expenses when absent from the officer’s established office upon official business in an amount not exceeding that allowed to state officials, upon itemized statements submitted by the officer and supported by subvouchers or receipts as provided by section 21-05-01 and the officer’s actual transportation expenses, which may not exceed the amounts provided by section 54-06-09, and must be in itemized form showing the mileage traveled, the days when and how traveled, and the purpose thereof, verified by the officer’s affidavit and supported by subvouchers or receipts as provided by section 21-05-01.

37-15-00.1. Domiciliary care defined. [Repealed]

Repealed by S.L. 1993, ch. 361, § 5.

37-15-01. Veterans’ home — Where maintained.

A veterans’ home must be maintained at the city of Lisbon in the county of Ransom.

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 and all honorably discharged soldiers of the North Dakota national guard who heretofore or hereafter may become permanently disabled from any cause while in line and discharge of duty.
2. The spouses and surviving spouses of those mentioned in subsection 1 if they meet the requirements for admission under section 37-15-10.

37-15-03. Government of veterans’ home.

The general supervision and government of the veterans’ home is vested in the administrative committee on veterans’ affairs.

37-15-04. Oath and bond of trustees — Regulations governing. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-15-05. Meetings of board of trustees — Selection of chairman and treasurer — General powers. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-15-06. Compensation of members of board of trustees of the soldiers’ home. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-15-07. Administrator of veterans’ home — Appointment — Qualifications.

The appointment, qualifications, term of office, and salary of the administrator of the veterans’ home must be as prescribed in section 37-18.1-03. The administrative committee on veterans’ affairs may designate the administrator as commandant of the veterans’ home if the administrator is an honorably discharged veteran.

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.

37-15-09. Majority of board of trustees to approve contracts — Proceedings of board to be recorded — Inspection of books. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

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.

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.

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.

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.

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.

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.

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:
   1. Moneys expended by the member for hospitalization due to illness or injury.
   2. Moneys expended by the member for other medical care or treatment, or for required medicines.
   3. 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.

37-15-15. Disbursement of moneys from veterans’ home operating fund.

All moneys withdrawn from the veterans’ home operating fund must be withdrawn in accordance with chapters 54-14 and 54-44.1.

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. The report must be audited by, and included in the records of, the committee.

37-15-17. Intestate members leaving estates valued in excess of three thousand dollars — Administrator to administer estate.

If a member of the veterans’ home dies leaving property in excess of three thousand dollars in value not disposed of by will, the administrator is entitled to letters of administration for the estate. The administrator shall apply to the proper court for letters of administration, qualify as administrator, and distribute and dispose of the estate. If a valid claim is not made to the estate by the heirs or the next of kin of the deceased member for a period of one year after the granting of letters of administration, the residue of the estate must be deposited with the state treasurer for the benefit of the veterans’ home operating fund.

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.

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.

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

Repealed by S.L. 1971, ch. 344, § 25.

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.

37-15-22. Telephone services.

Notwithstanding any other provision of law, the veterans’ home may purchase or arrange for independent third-party telephone services.

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.

37-17.1-01. Short title.

This chapter must be cited as the North Dakota Disaster Act of 1985.

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.

37-17.1-02.1. Department of emergency services.

The department of emergency services consists of a division of state radio and a division of homeland security. The adjutant general is the director of the department. The adjutant general shall provide for shared administration of both divisions. The adjutant general shall appoint a separate director of each division. A division director serves at the pleasure of the adjutant general. The adjutant general shall fix the compensation of a division director within limits of legislative appropriation.

37-17.1-02.2. Advisory committee to department of emergency services.

The adjutant general shall create one or more advisory committees to the department of emergency services. An advisory committee may consist of not more than twelve members representing local and state interests in the department. Members must be appointed to four-year staggered terms. An advisory committee shall advise the department regarding collaboration with political subdivisions, and each member of an advisory committee shall report to the local interest each member represents concerning recommendations approved by the committee. Each member of the advisory committee is entitled to be paid sixty-two dollars and fifty cents per day for time spent in attendance at meetings and is entitled to be reimbursed for the member’s actual and necessary expenses at the rates and in the manner provided by law for other state officers. The compensation and expenses must be paid out of department appropriations.

37-17.1-03. Limitations.

Nothing in this chapter may:

1. Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.
2. Interfere with dissemination of news or comment on public affairs. Any communications facility or organization, including radio and television stations, wire services, and newspapers may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster or emergency situation.
3. Affect the jurisdiction or responsibilities of units of the armed forces of the United States or of this state, or of any personnel thereof, when on active duty. State and local emergency operational plans must place reliance upon the forces available for performance of functions related to disasters or emergencies.
4. Limit, modify, or abridge the authority of the governor to proclaim martial law, provide aid or assistance to civil authorities, or exercise any other powers vested in the governor under the Constitution of North Dakota, or statutes, common law, or sovereign powers of this state independent of, or in conjunction with, any provisions of this chapter.
5. Change or modify the responsibilities of the American National Red Cross as defined by the Congress of the United States in 36 U.S.C. 300101.

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.

37-17.1-05. The governor and disasters or emergencies — Penalty.

1. The governor is responsible to minimize or avert the adverse effects of a disaster or emergency.
2. Under this chapter, the governor may issue executive orders and proclamations, and amend or rescind them. Executive orders, proclamations, and regulations have the force of law.
3. A disaster or emergency must be declared by executive order or proclamation of the governor if the governor determines a disaster has occurred or a state of emergency exists.
   1. Except as provided in subdivision b, the state of disaster or emergency continues until the governor determines the threat of an emergency has passed or the governor determines the disaster has been dealt with to the extent emergency conditions no longer exist, whichever occurs first.
   2. If a state of disaster or emergency relating to public health is declared and in effect and the legislative assembly is not in session, the legislative management may meet to vote on whether the legislative management should request the governor call a special session of the legislative assembly. If the governor does not call a special session within seven days after the legislative management sends a request to the governor, the declared state of disaster or emergency relating to public health terminates thirty days after the request from the legislative management was sent to the governor. If the governor calls a special session within seven days after the request from the legislative management was sent, the special session must be held within fifteen days of the governor’s call for a special session. If the legislative assembly meets to address a declared state of disaster or emergency, the legislative assembly by concurrent resolution may terminate, extend, or modify the state of disaster or emergency.
   3. The legislative assembly by concurrent resolution may terminate a state of disaster or emergency at any time.
   4. All executive orders or proclamations issued under this subsection must indicate the nature of the disaster or emergency, the area or areas threatened, the conditions that have brought it about or which make possible termination of the state of disaster or emergency. An executive order or proclamation must be disseminated promptly by means calculated to bring its contents to the attention of the general public, unless the circumstances attendant upon the disaster or emergency prevent or impede such dissemination, and it must be filed promptly with the department of emergency services, the legislative council, the secretary of state, and the county or city auditor of the jurisdictions affected.
4. An executive order or proclamation of a state of disaster or emergency shall activate the state and local operational plans applicable to the political subdivision or area in question and be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law relating to a disaster or emergency.
5. During the continuance of any state of disaster or emergency declared by the governor, the governor is commander in chief of the emergency management organization and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or emergency operational plans, but nothing herein restricts the governor’s authority to do so by orders issued at the time of the disaster or emergency.
6. In addition to any other powers conferred upon the governor by law, the governor may:
   1. Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in managing a disaster or emergency.
   2. Utilize all available resources of the state government as reasonably necessary to manage the disaster or emergency and of each political subdivision of the state.
   3. Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency management activities.
   4. Subject to any applicable requirements for compensation under section 37-17.1-12, commandeer or utilize any private property if the governor finds this necessary to manage the disaster or emergency.
   5. Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other disaster or emergency mitigation, response, or recovery.
   6. Prescribe routes, modes of transportation, and destinations in connection with an evacuation.
   7. Control ingress and egress in a designated disaster or emergency area, the movement of persons within the area, and the occupancy of premises therein.
   8. Suspend or limit the sale, dispensing, or transportation of explosives, and combustibles, not including ammunition.
   9. Make provision for the availability and use of temporary emergency housing.
   10. Make provisions for the control, allocation, and the use of quotas for critical shortages of fuel or other life and property sustaining commodities.
   11. Designate members of the highway patrol, North Dakota national guard, or others trained in law enforcement, as peace officers.
7. Notwithstanding subsection 3, if a state of disaster or emergency relating to public health is declared and in effect, the governor may not issue an executive order under this section unless the executive order specifically addresses the mitigation of the declared state of disaster or emergency relating to public health.
8. Any person who willfully violates any provision of an executive order or proclamation issued by the governor pursuant to this chapter is guilty of an infraction.
9. The governor may authorize the adjutant general to recall to state active duty, on a volunteer basis, former members of the North Dakota national guard. Those recalled must possess the qualifications required by the disaster or emergency. Recall under this subsection is effective only for the duration of the disaster or emergency and recalled personnel will be released from state active duty upon competent authority that the requirement of their service under this subsection has passed. Compensation for personnel recalled under this subsection will be based upon section 37-07-05.
10. Notwithstanding any other provision of law, an order, proclamation, rule, or regulation issued pursuant to this section may not:
    1. Substantially burden a person’s exercise of religion unless the order is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest;
    2. Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk, unless the government demonstrates through clear and convincing evidence that a particular religious activity poses an extraordinary health risk; or
    3. Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.
11. A person claiming to be aggrieved by a violation of subsection 10 may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief, including costs and reasonable attorney’s fees.

37-17.1-06. State division of homeland security.

1. The division of homeland security must have professional, technical, secretarial, and clerical employees as necessary for the performance of its functions. The director of the division shall fix the compensation of the staff in conformity with state merit system regulations and may make such expenditures within the appropriations therefor, or from other funds made available to the director for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
2. The division of homeland security shall prepare and maintain a state disaster plan and keep it current, which plan may include provisions for:
   1. Averting or minimizing the injury and damage caused by disasters or emergencies.
   2. Prompt and effective response to a disaster or emergency.
   3. Emergency relief.
   4. Identification of areas particularly vulnerable to a disaster or emergency.
   5. Recommendations for zoning, building, and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other mitigation and preparedness measures.
   6. Assistance to local officials in developing and maintaining local and regional emergency management systems.
   7. Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from any disaster or emergency.
   8. Preparation and distribution of emergency management assistance program guidance to the appropriate state and local officials.
   9. Organization of manpower and chains of command.
   10. Coordination of federal, state, regional, and local emergency management activities.
   11. Coordination of state disaster or emergency operations plans with the disaster or emergency plans of the federal government.
   12. Other necessary matters.
3. The division of homeland security shall provide technical assistance for the development and revision of local and regional disaster or emergency operations plans prepared under section 37-17.1-07.
4. In preparing and revising state disaster or emergency plans, the division of homeland security shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic, and volunteer organizations and community leaders. In advising local and regional emergency management organizations, the division shall encourage them also to seek advice from these sources.
5. State disaster or emergency plans or any parts thereof have the force of law upon implementation by the governor.
6. The division of homeland security, in coordination with lead and support agencies, shall:
   1. Coordinate the procurement of supplies, materials, and equipment during disaster or emergency operations.
   2. Provide guidance and standards for local and regional disaster or emergency operational plans.
   3. Periodically review local and regional disaster or emergency operational plans.
   4. Coordinate state or state and federal assistance to local and regional emergency management organizations.
   5. Establish and operate or assist local and regional emergency management organizations to establish and operate training programs and programs for emergency public information.
   6. Make surveys of industries, resources, and facilities, within the state, both public and private, as are necessary to carry out the purposes of this chapter. The use of sensitive and proprietary logistical data submitted to the state in confidence by individual industries and suppliers must be accorded full confidentiality and will be released only in aggregate form.
   7. Plan and make arrangements for the availability and use of any private facilities, services, and property, and, if necessary and if in fact used, coordinate payment for that use under terms and conditions agreed upon.
   8. Establish access to a register of persons with types of training and skills important in prevention, mitigation, preparedness, response, and recovery.
   9. Establish access to a register of equipment and facilities available for use in a disaster or emergency.
   10. Prepare, for issuance by the governor, executive orders, proclamations, and guidance as necessary or appropriate in managing a disaster or emergency.
   11. Coordinate and may enter agreements with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster mitigation, preparation, response, and recovery.
   12. Be the state search and rescue coordinating agency, establish access to a register of search and rescue equipment and personnel in the state, and plan for its effective utilization.
   13. Do other things necessary, incidental, or appropriate for the implementation of this chapter.
7. The division of homeland security shall serve as a central information dissemination point and repository for initial notification information for spills and discharges in the state for hazardous chemicals as defined in section 37-17.1-07.1, oil, gas, and saltwater. The division shall develop processes to ensure proper state and federal agencies that have oversight responsibilities are promptly notified. The division shall also provide notice to local emergency management officials within a time that is consistent with the level of emergency.

37-17.1-07. Local or regional 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 by a local or regional emergency management organization.
2. Each county shall maintain an emergency management organization that serves the entire county or must be a member of a regional emergency management organization that serves more than one county.
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 on the basis of 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 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 regional emergency management organization shall prepare and keep current a local disaster or emergency operational plan for its area.
6. Each local or regional 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.

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

1. Program components.
   1. 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.
   2. 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.
   3. The director of the division of homeland security 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.
   4. 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 as required by SARA title III, which shall establish and maintain the state repository for these reports.
   5. 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.
   1. 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 for carrying out the purposes, goals, and objectives of SARA title III, and the state hazardous chemicals preparedness and response program.
   2. 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.
   3. 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 by March first of each year. The fee is twenty-five dollars 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. The maximum fee for a facility under this section is four hundred seventy-five dollars. The director of the homeland security division may impose fees for both late filing of reports and late payment of fees. A late fee must equal the amount of the hazardous chemicals fee owed under this subdivision. After six months the director shall process further violations under willful violations in subsection 4. The division of homeland security 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.
   4. 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.
   5. The 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.
   6. “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.
   7. The state hazardous chemicals fee system does not supersede a city fee system for hazardous chemicals.
3. 1. 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.
   2. 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. 1. 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.
   2. 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 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.

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

Repealed by S.L. 1985, ch. 398, § 22.

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.

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.

37-17.1-10.1. Burn ban — Penalty.

An order or proclamation under section 37-17.1-10 which includes a ban on open burning may provide for a penalty for a violation of the ban through a citation, a criminal complaint, or an information through the district court in the county in which the offense occurred. An individual who willfully violates a burning ban established by a local order or proclamation under this section is guilty of a class B misdemeanor.

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, 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 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.

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.

37-17.1-13. Communications.

The department of emergency services shall ascertain what means exist for rapid and efficient communications in times of a disaster or emergency. The department shall consider the desirability of supplementing these communications resources or of integrating them into a comprehensive state or state and federal telecommunications or other communications system or network, including the military installations. In studying the character and feasibility of any system or its several parts, the department shall evaluate the possibility of multipurpose use thereof for general state and local governmental purposes. The department shall make recommendations to the governor as appropriate.

37-17.1-14. Mutual aid.

1. Counties and cities must be encouraged and assisted by the division of homeland security to conclude suitable arrangements for furnishing mutual aid in emergency management. The arrangements must include provision of aid by persons and units in public employ.
2. In review of local disaster or emergency plans, the division of homeland security shall consider whether they contain adequate provisions for the rendering and receipt of mutual aid.

37-17.1-14.1. Mutual aid — Cooperation.

1. The division of homeland security shall encourage and assist political subdivisions to enter mutual aid agreements with other public and private agencies within the state for reciprocal aid and assistance in responding to and recovering from actual and potential disasters or emergencies.
2. In reviewing emergency operations plans and programs of political subdivisions, the division of homeland security shall consider whether the plans and programs contain adequate provisions for mutual aid.
3. Local emergency management organizations may assist in negotiation of mutual aid agreements between the governor and an adjoining state or province or a political subdivision of a province and shall carry out arrangements of any such agreements relating to the local political subdivision.

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.

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.

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

Repealed by S.L. 1997, ch. 315, § 5.

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

The interstate mutual aid agreement or compact referred to in sections 37-17.1-14.2 and 37-17.1-14.3 reads as follows:

37-17.1-14.6 Northern emergency management assistance compact.

The northern emergency management assistance compact is entered with all jurisdictions legally joining the compact in the form substantially as follows:

ARTICLE I - NAME AND SCOPE

1. This compact is established as directed by the state and province emergency management assistance memorandum of agreement and brought into force by congressional consent on September 14, 2012, by the 112th Congress of the United States of America.
2. The object of this compact shall be to facilitate cross-border emergency management assistance through mutual aid.
   1. A co-chair elected from the participating states; and
   2. A co-chair elected from the participating provinces.
3. The co-chairs shall be elected biennially in alternate years.
4. In the event a co-chair is unable to fulfill the co-chair’s term, a special election shall be held at the next meeting, regular or special, to fill the remainder of the co-chair’s term.
5. The newest co-chair shall be responsible for creating a record of decisions for each meeting.
6. The newest co-chair shall be responsible for distributing meeting agendas, records of decisions, and any documents slated for discussion at a meeting to the board of directors.
7. A meeting agenda and any documents slated for discussion at a meeting should be circulated to the board of directors a minimum of thirty days prior to the meeting.
8. All meetings shall follow a form agreed to by the co-chairs.
9. A quorum shall consist of a simple majority of party jurisdictions that consists of at least one party jurisdiction from Canada and one party jurisdiction from the United States of America. Jurisdictions participating by proxy shall not count towards a quorum.

ARTICLE II - MEMBERSHIP

1. Membership in this compact shall be open to the states and provinces having signed the state and province emergency management assistance memorandum of agreement, hereinafter referred to as party jurisdictions.

2. Representatives from the nonsignatory states and provinces as well as the national governments of Canada and the United States shall be nonvoting members.

ARTICLE III - BOARD

1. The policies and direction of this compact shall be directed and controlled by a board of directors, which shall consist of the directors of emergency management or measures, or their designated official substitute from the party jurisdictions. The designated official substitute shall be specified either on the jurisdiction’s compact contact sheet or in writing to the compact co-chairs.

2. The board may invite representatives from other governments, subject matter experts, and such other individuals as they may deem appropriate to attend the compact meetings as nonvoting participants.

ARTICLE IV - GOVERNMENT

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

2. The following shall be the officers:

ARTICLE V - SUBCOMMITTEES AND WORKING GROUPS

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

2. Each subcommittee and working group shall be co-chaired by a representative of a Canadian and a United States party jurisdiction.

3. The subcommittees and working groups shall report to this compact through the co-chairs and the co-chairs are ex officio members of all subcommittees and working groups.

ARTICLE VI - MEETINGS

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

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

3. Meetings may be held by conference call or other communication facilities that permit all persons participating in the meeting to communicate with each other, and all persons participating in the meeting by such means are deemed to be present.

4. A jurisdiction may participate at its own cost in any meeting by telephone or other communication facilities that permit all persons participating in the meeting to communicate with each other, and a person participating in a meeting by such means is deemed to be present at the meeting.

ARTICLE VII - VOTING

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

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

3. Motions arising at any meeting shall be determined by consensus. In the absence of consensus a two-thirds majority is required from each of the Canadian and United States of America party jurisdictions either present or represented by proxy. A vote given in accordance with the terms of a proxy shall be valid.

4. If the director or designated official substitute of a party jurisdiction cannot attend a meeting of the northern emergency management assistance compact, the party jurisdiction may give a proxy to another jurisdiction. A proxy shall be in writing under the hand of the director or designated official substitute. The proxy shall be delivered to one of the co-chairs before or at the meeting. A proxy is valid for one meeting.

ARTICLE VIII - SIGNING AUTHORITY

Documents or other instruments requiring the signature of the compact shall be signed by both co-chairs.

ARTICLE IX - AMENDMENTS

These bylaws may be amended by a two-thirds vote at any meeting of the compact provided that thirty days’ notice in writing be given of such meeting to the voting member of each party jurisdiction and that the notice contains the text, or the general nature, of any proposed amendments.

ARTICLE X - OPERATIONS MANUAL AND BYLAWS

1. The most recent past co-chair shall be responsible for updating and storing a copy of the most recent version of the operations manual and bylaws.

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

3. All requests for amendments to the operations manual and bylaws shall be submitted to the past co-chair responsible for the operations manual and bylaws.

4. Amendments to the operations manual and bylaws shall come into force on the date that the operations manual or bylaws, respectively, are approved by the board of directors or a later date as decided by the board of directors.

ARTICLE XI - TRAINING

The senior co-chair shall be responsible for coordinating delivery of the compact training and exercises to party jurisdictions.

37-17.1-15. Weather modification.

The division of homeland security shall keep continuously apprised of weather conditions which present danger of precipitation or other climatic activity severe enough to constitute a disaster. If the division determines that precipitation resulting from weather modification operations, either by itself or in conjunction with other precipitation or climatic conditions or activity, would create or contribute to the severity of a disaster, the division shall direct the officer or agency empowered to issue permits for weather modification operations to suspend the issuance of the permits. No permits may be issued until the division informs the officer or agency that the danger has passed.

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.

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.

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.

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.

37-17.1-19. Temporary housing for disaster victims and site acquisition and preparation.

The governor is authorized to enter into such agreements and execute such assurances on behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster or emergency, a program of temporary housing for disaster victims adversely affected by a disaster or emergency. The governor is authorized:

1. To receive temporary housing units to be occupied by disaster or emergency victims from any agency of the United States and to make such units available to any county or city of the state.
2. To assist any county or city of this state which is the site of temporary housing for disaster or emergency victims, to acquire and to prepare sites necessary for such temporary housing, and to “pass through” funds made available by any agency, public or private.

Any county or city of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster or emergency victims and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, which are necessary to prepare or equip such sites to utilize the housing units.

The governor shall establish guidelines necessary to carry out the purposes of sections 37-17.1-19, 37-17.1-20, and 37-17.1-21.

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.

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.

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 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. 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.

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:
   1. Approval to make an application for a loan from the Bank of North Dakota;
   2. Approval for additional personnel required to perform the anticipated recovery activities; and
   3. Authority to spend additional state and federal funds for the recovery 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 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.

37-17.1-24. Definitions. [Repealed]

Repealed by S.L. 2009, ch. 308, § 2.

37-17.1-25. Intrastate mutual aid. [Repealed]

Repealed by S.L. 2009, ch. 308, § 2.

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.

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 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.

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, 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.

37-17.1-29. Firearms in emergencies.

1. Notwithstanding any other law, a state agency, political subdivision, or elected or appointed official or employee of this state or of a political subdivision may not, under governmental authority or color of law, including any other statutorily authorized responses to disaster, war, acts of terrorism, or emergencies of whatever kind or nature:
   1. Close or limit the operating hours of:
      1. Any government-owned or government-operated indoor or outdoor shooting range, unless the closure or limitation is required for maintenance, law enforcement training, military training, hunter education, or other special activities associated with the shooting sports or the closing or limitation of hours applies equally to all forms of commerce, use, recreation, enjoyment, or general activity within the jurisdiction;
      2. Any private indoor or outdoor shooting range, unless the closing or limitation of hours applies equally to all forms of commerce, use, recreation, enjoyment, or general activities within the jurisdiction; or
      3. Any entity engaged in the lawful selling or servicing of any firearm, including any component or accessory; ammunition, including any component or accessory; ammunition-reloading equipment and supplies; or personal weapons other than firearms, unless the closing or limitation of hours applies equally to all forms of commerce, use, recreation, enjoyment, or general activity within the jurisdiction;
   2. Prohibit, regulate, or curtail the otherwise lawful possession, defensive use, carrying, transfer, transportation, storage, display, or other lawful use of; or seize, commandeer, confiscate, or authorize the seizure or confiscation of, any otherwise lawfully possessed firearm or ammunition unless the person acting on behalf of or under the authority of the state or political subdivision is defending that person or another from an assault, arresting an individual in actual possession of a firearm or ammunition for a violation of law, or seizing or confiscating the firearm or ammunition as evidence of a crime;
   3. When registration is not otherwise required by law, require registration of any firearm, including any component or accessory; ammunition, including any component or accessory; ammunition-reloading equipment and supplies; or personal weapons other than firearms;
   4. Suspend or revoke a permit to carry a concealed pistol issued pursuant to chapter 62.1-04, except as expressly authorized in that chapter; or
   5. Refuse to accept an application for a permit to carry a concealed pistol, provided the application has been completed properly in accordance with chapter 62.1-04.
2. Any individual aggrieved by a violation of this section may commence a civil action against any person who subjects the individual, or causes the individual to be subjected, to an action prohibited by this section.
3. In addition to any other remedy, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of this section may bring an action for the return of the firearm or ammunition, or the value of the firearm or ammunition, if the firearm or ammunition is no longer available, in the district court of the county in which that individual resides, in which the firearm or ammunition is located, or in which the seizure or confiscation occurred.
4. In any action to enforce this section, the court shall award a prevailing plaintiff costs and reasonable attorney’s fees.

37-17.2-01. Ratification of compact.

The national guard mutual assistance counter-drug activities compact is hereby enacted into law and entered into by this state, with all other states legally joining therein, in the form substantially as follows:

The contracting states solemnly agree that:

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.

37-17.3-01. Definitions.

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

1. “Director” means the director of the division of state radio.
2. “Division” means the division of state radio 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.

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.

37-17.3-02.1. Legislative declaration — Statewide integrated radio communication system service.

The legislative assembly finds that effective radio communication is vital to public safety and effective emergency response and law enforcement and declares that a statewide integrated radio communication system will more effectively serve the goals of law enforcement and emergency response personnel and thereby better serve the people of North Dakota. Existing radio systems operated by local jurisdictions serve those jurisdictions adequately, but do not provide the protection and benefits to the citizens of North Dakota that new digital networks being utilized in neighboring states offer.

37-17.3-02.2. North Dakota statewide interoperability executive committee.

1. The statewide interoperability executive committee consists of:
   1. The director of state radio or a designee;
   2. The director of the division of homeland security or a designee;
   3. The superintendent of the highway patrol or a designee;
   4. The adjutant general or a designee;
   5. The director of the department of transportation or a designee;
   6. A representative of the North Dakota sheriff’s and deputies association;
   7. A representative of the North Dakota emergency managers association;
   8. A representative of the North Dakota fire chiefs association;
   9. A representative of the North Dakota emergency medical services association;
   10. A representative of the North Dakota police chiefs association;
   11. A representative of the North Dakota peace officers association;
   12. A representative of the North Dakota 911 association;
   13. A representative of the North Dakota association of counties;
   14. A representative of the North Dakota league of cities;
   15. The North Dakota chief information officer or a designee;
   16. The North Dakota Indian affairs commission executive director or a designee;
   17. One member of the North Dakota house of representatives and one member of the North Dakota senate appointed by the legislative management;
   18. The director of the game and fish department or a designee; and
   19. The state health officer or a designee.
2. The committee shall elect a chairman and vice chairman for terms of two years upon its initial meeting.
3. The committee shall prepare recommendations regarding a statewide interoperable radio network with due consideration for all stakeholders reliant upon the statewide interoperable radio network.
4. The committee may adopt rules governing the connection or integration of public safety answering points to the statewide interoperable radio network and shall adopt rules governing eligibility for access to the network.

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.

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.

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.

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.

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.

37-17.3-08. State radio system and service fees.

1. The director shall establish the appropriate fees for access to the state radio system and North Dakota law enforcement telecommunications systems and other such systems that may be employed that enhance public safety. Changes to fees charged by the division, including schedule of charges for counties and cities, will take effect on July first. The director shall announce any fee increases a minimum of one year before the effective date. When the director considers an adjustment, as a part of the process the director shall consult with representatives of state and local units of government before setting fees. The director may consider economic conditions and the general economy when setting fees. The director shall deposit all revenue obtained under this chapter with the state treasurer for deposit in the state radio broadcasting system operating account. The state radio broadcasting system operating account must be expended pursuant to legislative appropriation for the operation and maintenance of the system.
2. Each county and city law enforcement department that accesses the North Dakota teletype system shall pay a fee levied on a per terminal basis. Other law enforcement affiliated organizations and federal agencies will pay one hundred percent of the actual costs incurred by the division for providing the service. Fees will be levied on a per terminal basis. State general fund agencies that access the system will not incur any fees for the service. City and county law enforcement fees will be based on the following schedule of charges per terminal:
   1. County population of less than five thousand shall pay forty dollars per month.
   2. County population of five thousand or more but less than ten thousand shall pay eighty dollars per month.
   3. County population of ten thousand or more but less than fifteen thousand shall pay one hundred twenty dollars per month.
   4. County population of fifteen thousand or more but less than twenty-five thousand shall pay one hundred sixty dollars per month.
   5. County population of twenty-five thousand or more shall pay two hundred dollars per month.

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.

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:
   1. To develop and improve techniques utilized by law enforcement agencies when responding to reports of lost or missing individuals; and
   2. To provide a factual and statistical base for research that addresses the problem of lost or missing individuals.

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

The statewide seamless base map is an open record. The data collected by the director which produces the statewide seamless base map is exempt from section 44-04-18 and may be accessed solely through a subscription service established by the director. The director shall establish the appropriate fees for access to the statewide seamless base map subscription service. Changes to fees charged by the division, including schedule of charges, must take effect on July first. The director shall announce any fee increases a minimum of one year before the effective date. All fees collected through the subscription service must be deposited in the statewide seamless base map fund. Any moneys deposited in the statewide seamless base map fund are appropriated on a continuing basis to the division for the purpose of paying maintenance and distribution costs related to the statewide seamless base map.

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.

37-17.4-01. Definitions. [Effective through August 31, 2022]

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:
   1. 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 state department of health, or the state board of animal health; or
   2. Regularly plans and conducts its activities in coordination with an agency of the federal government, the state department of health, 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 state health officer, 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 state department of health 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:
   1. 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;
   2. Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
   3. 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:
    1. Diagnosing, treating, or preventing an animal disease, injury, or other physical or mental condition by prescribing, administering, or dispensing vaccine, medicine, surgery, or therapy;
    2. Using a procedure for reproductive management; and
    3. 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.

37-17.4-01. Definitions. [Effective September 1, 2022]

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:
   1. 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
   2. 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 state health officer, 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:
   1. 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;
   2. Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
   3. 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:
    1. Diagnosing, treating, or preventing an animal disease, injury, or other physical or mental condition by prescribing, administering, or dispensing vaccine, medicine, surgery, or therapy;
    2. Using a procedure for reproductive management; and
    3. 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.

37-17.4-02. Applicability to volunteer health practitioners.

This chapter applies to volunteer health practitioners registered with a registration system that complies with section 37-17.4-04 and who provide health or veterinary services in this state for a host entity during an emergency.

37-17.4-03. Regulation of services during emergencies. [Effective through August 31, 2022]

1. During an emergency, the state department of health or the state board of animal health may limit, restrict, or otherwise regulate:
   1. The duration of practice by volunteer health practitioners;
   2. The geographical areas in which volunteer health practitioners may practice;
   3. The types of volunteer health practitioners who may practice; and
   4. Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
2. An order issued under subsection 1 may take effect immediately, without prior notice or comment, and is not a rule within the meaning of chapter 28-32.
3. A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:
   1. Consult and coordinate its activities with the state department of health or the state board of animal health to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
   2. Comply with any laws other than this chapter relating to the management of emergency health or veterinary services, including chapters 23-27 and 43-29.

37-17.4-03. Regulation of services during emergencies. [Effective September 1, 2022]

1. During an emergency, the department of health and human services or the state board of animal health may limit, restrict, or otherwise regulate:
   1. The duration of practice by volunteer health practitioners;
   2. The geographical areas in which volunteer health practitioners may practice;
   3. The types of volunteer health practitioners who may practice; and
   4. Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
2. An order issued under subsection 1 may take effect immediately, without prior notice or comment, and is not a rule within the meaning of chapter 28-32.
3. A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:
   1. Consult and coordinate its activities with the department of health and human services or the state board of animal health to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
   2. Comply with any laws other than this chapter relating to the management of emergency health or veterinary services, including chapters 23-27 and 43-29.

37-17.4-04. Volunteer health practitioner registration systems. [Effective through August 31, 2022]

1. In the case of a volunteer health practitioner whose principal practice is located in this state and who is licensed by a North Dakota professional board or agency, the volunteer health practitioner registration system is the emergency system for advance registration of volunteer health professionals and is maintained by the state department of health and is known as the public health emergency volunteer medical reserve corps.
2. In the case of a volunteer health practitioner who is not covered under subsection 1, the volunteer health practitioner registration system is the system established under subsection 1 or a system that qualifies under this subsection. To qualify as a volunteer health practitioner registration system under this subsection, a system must:
   1. Accept applications for the registration of volunteer health practitioners before or during an emergency;
   2. Include information about the licensure and good standing of health practitioners which is accessible by authorized persons;
   3. Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and
   4. Meet one of the following conditions:
      1. Be an emergency system for advance registration of volunteer health-care practitioners established by a state and funded through the United States department of health and human services under section 319I of the Public Health Services Act [42 U.S.C. 247d-7b];
      2. Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to section 2801 of the Public Health Services Act [42 U.S.C. 300hh]; or
      3. Be operated by a:
         1. Disaster relief organization;
         2. Licensing board;
         3. National or regional association of licensing boards or health practitioners;
         4. Health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care and teaching hospital; or
         5. Governmental entity.
3. During an emergency, the state department of health, a person authorized to act on behalf of the state department of health, or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection 1 or 2. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
4. Upon request of a person in this state authorized under subsection 3, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
5. A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.

37-17.4-04. Volunteer health practitioner registration systems. [Effective September 1, 2022]

1. In the case of a volunteer health practitioner whose principal practice is located in this state and who is licensed by a North Dakota professional board or agency, the volunteer health practitioner registration system is the emergency system for advance registration of volunteer health professionals and is maintained by the department of health and human services and is known as the public health emergency volunteer medical reserve corps.
2. In the case of a volunteer health practitioner who is not covered under subsection 1, the volunteer health practitioner registration system is the system established under subsection 1 or a system that qualifies under this subsection. To qualify as a volunteer health practitioner registration system under this subsection, a system must:
   1. Accept applications for the registration of volunteer health practitioners before or during an emergency;
   2. Include information about the licensure and good standing of health practitioners which is accessible by authorized persons;
   3. Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and
   4. Meet one of the following conditions:
      1. Be an emergency system for advance registration of volunteer health-care practitioners established by a state and funded through the United States department of health and human services under section 319 I of the Public Health Services Act [42 U.S.C. 247d-7b];
      2. Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to section 2801 of the Public Health Services Act [42 U.S.C. 300hh]; or
      3. Be operated by a:
         1. Disaster relief organization;
         2. Licensing board;
         3. National or regional association of licensing boards or health practitioners;
         4. Health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care and teaching hospital; or
         5. Governmental entity.
3. During an emergency, the department of health and human services, a person authorized to act on behalf of the department of health and human services, or a host entity may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection 1 or 2. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
4. Upon request of a person in this state authorized under subsection 3, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
5. A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.

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.

37-17.4-06. No effect on credentialing and privileging.

1. In this section:
   1. “Credentialing” means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility.
   2. “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.

37-17.4-07. Provision of volunteer health or veterinary services — Administrative sanctions. [Effective through August 31, 2022]

1. Subject to subsections 2 and 3, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.
2. Except as otherwise provided in subsection 3, this chapter does not authorize a volunteer health practitioner to provide services that are outside the practitioner’s scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services.
3. The state department of health or the state board of animal health may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to this chapter. An order under this subsection may take effect immediately, without prior notice or comment, and is not a rule within the meaning of chapter 28-32.
4. A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to this chapter.
5. A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if:
   1. The practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or
   2. From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.
6. In addition to the authority granted by law of this state other than this chapter to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state:
   1. May impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency;
   2. May impose administrative sanctions upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and
   3. Shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.
7. In determining whether to impose administrative sanctions under subsection 6, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner’s scope of practice, education, training, experience, and specialized skill.

37-17.4-07. Provision of volunteer health or veterinary services — Administrative sanctions. [Effective September 1, 2022]

1. Subject to subsections 2 and 3, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.
2. Except as otherwise provided in subsection 3, this chapter does not authorize a volunteer health practitioner to provide services that are outside the practitioner’s scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services.
3. The department of health and human services or the state board of animal health may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to this chapter. An order under this subsection may take effect immediately, without prior notice or comment, and is not a rule within the meaning of chapter 28-32.
4. A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to this chapter.
5. A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if:
   1. The practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or
   2. From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.
6. In addition to the authority granted by law of this state other than this chapter to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state:
   1. May impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency;
   2. May impose administrative sanctions upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and
   3. Shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.
7. In determining whether to impose administrative sanctions under subsection 6, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner’s scope of practice, education, training, experience, and specialized skill.

37-17.4-08. Relation to other laws.

1. This chapter does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this chapter. Except as otherwise provided in subsection 2, this chapter does not affect requirements for the use of health practitioners pursuant to the emergency management assistance compact.
2. The department of emergency services, pursuant to the emergency management assistance compact, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state.

37-17.4-09. Regulatory authority. [Effective through August 31, 2022]

The health council may adopt rules to implement this chapter. In doing so, the health council 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.

37-17.4-09. Regulatory authority. [Effective September 1, 2022]

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.

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:
   1. Willful misconduct or wanton, grossly negligent, reckless, or criminal conduct;
   2. An intentional tort;
   3. Breach of contract;
   4. 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
   5. 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.

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.

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:
   1. Disaster or emergency has been declared by the governor; or
   2. 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.

37-17.5-02. Business and employee status during and after disaster response period.

1. An out-of-state business that conducts operations within this state for purposes of performing disaster or emergency remediation work or services during the disaster response period may not be considered to have established a business presence that would require that business or its out-of-state employees to be subject to any state and local taxes or fees including unemployment insurance, workers’ compensation, or taxes administered by the tax commissioner. The out-of-state business or out-of-state employee shall have a valid license to perform that business or occupation from the principal state of business or employment.
2. During the disaster response period, the out-of-state business or out-of-state employee may not be required to file or pay any state or local tax administered by a state agency. The out-of-state business or out-of-state employee may not be required to pay any sales and use tax on equipment used or brought into this state temporarily for use during the disaster response period if the equipment is removed from this state within a reasonable period of time after the disaster response period.
3. For purposes of any state or local tax on or measured by, in whole or in part, net or gross income or receipts, all activity of the out-of-state business conducted in this state under this chapter must be disregarded with respect to any filing requirements for a tax, including the income tax return required for a unitary or combined group of which the out-of-state business may be a part. For the purpose of apportioning income, the apportionment factors attributable to the performance by an out-of-state business of any work under this chapter may not be sourced to this state by the out-of-state business or any member of its affiliated group.
4. An out-of-state employee may not be considered to have established a presence in this state which would require that individual or that individual’s employer to file or pay income taxes, be subject to income tax withholding, or file and pay any other state or local tax or fee during the disaster response period. This includes any tax or fee imposed by a state agency but does not include any transaction taxes or fees described in subsection 5.
5. Out-of-state businesses and out-of-state employees are subject to fuel taxes and state or local sales or use taxes on materials or services purchased, consumed, or used in this state which are subject to sales or use taxes, hotel taxes, or car rental taxes or fees which the out-of-state affiliated business or out-of-state employee purchases for use or consumption in this state during the disaster response period.
6. Any out-of-state business or out-of-state employee that remains in this state after the disaster response period is subject to any business or employee registration and tax requirements that apply.
7. An employee’s sole remedy for a workplace injury under this section is the employee’s out-of-state employer’s workers compensation policy.

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.

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.

37-18-02. Qualifications and appointment of commissioner. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

Cross-References.

Appointment of commissioner, see N.D.C.C. § 37-18.1-03.

37-18-03. Advisory committee. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-18-04. Duties of commissioner.

To provide services and benefits to veterans and the veterans’ dependents, the commissioner shall:

1. Coordinate with any federal agency or public or private entity of this state or any other state as required to fulfill the commissioner’s duties;
2. Supervise and implement programs and benefits authorized by statute;
3. Assist or represent veterans or their widows, administrators, executors, guardians, or heirs, in processing claims;
4. Advise and assist veterans in taking advantage of the benefits and services for veterans afforded by the federal government;
5. Provide counties with recommended qualifications and standards for county veterans’ service officers;
6. Assist counties with training of county veterans’ service officers;
7. Provide county veterans’ service officers with educational materials;
8. Assist county veterans’ service officers in the performance of their duties;
9. Disseminate information; and
10. Do all things necessary and proper for the purpose of carrying out the intent and purposes of this chapter.

37-18-05. Seal of commissioner — Power to administer oaths and make certifications.

The commissioner shall have a seal of office and may administer oaths and take acknowledgments in connection with the prosecution of any claim for compensation, hospitalization, insurance, or other aid or benefits. The commissioner may certify to the correctness of any document or documents which may be submitted in connection with any such application.

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.

37-18-07. Commissioner — Appointment — Qualifications — Term — Salary.

The appointment, qualifications, term of office, and salary of the commissioner must be as prescribed in section 37-18.1-03. The commissioner must be allowed such amounts for travel, clerkhire, and expenses as may be prescribed from time to time by legislative appropriations.

37-18-08. Office of commissioner — Where located.

The office of the commissioner shall be located in the same city as the principal office of the veterans’ administrator for this state. If the veterans’ administrator is removed from the state, such commissioner’s office must be located in the state capitol.

37-18-09. Department a continuation of veterans’ service commissioner. [Repealed]

Repealed by S.L. 1971, ch. 344, § 25.

37-18-10. Unexpended funds transferred. [Repealed]

Repealed by omission from this code.

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

All records and papers pertaining or relating to veterans or veterans’ eligible dependents must be kept and maintained by the department of veterans’ affairs under the following provisions and conditions:

1. All records and papers of the department must be utilized in the manner to best serve the public interest, but the veteran’s right of privacy as to information pertaining to the veteran’s military or naval service and to confidential information contained in the veteran’s application for benefits will be respected.
2. All reports of investigation made by employees of the department or at the direction of the department for official departmental purposes are for the use of the commissioner and the commissioner’s staff only. Materials and information which disclose the investigative techniques of the department or the identity of confidential informants and material received in confidence by representatives of the department will not be released.
3. Records pertaining to any application for benefits, whether pending or adjudicated, are deemed confidential and may not be disclosed except in the circumstances and under the conditions set forth in this chapter. For purposes of this section, “applicant” means an individual applying for benefits.
4. An applicant may not have access to official department records concerning the applicant, but information from official records may be disclosed to an applicant or the applicant’s duly authorized representative as to matters concerning the applicant.
5. “Duly authorized representative” means any person authorized in writing by the applicant to act for the applicant, or the applicant’s legally constituted representative if the applicant is incompetent or deceased. If for proper reason a representative has not been or will not be appointed, the applicant’s spouse, an adult child, or if the applicant is unmarried, either of the applicant’s parents are recognized as the duly authorized representative of the applicant.
6. Medical information may be disclosed as follows:
   1. Except as otherwise required by law, information contained in a veteran’s medical records on file must be disclosed to the veteran on request.
   2. Information contained in medical records of veterans or veterans’ dependents pertaining to medical history, diagnosis, findings, or treatment may be disclosed directly to physicians and hospitals for treatment, payment, and health care operations, and as otherwise authorized by law. This information is to be treated as confidential information. This information also may be disclosed without the consent of the veteran or the veteran’s duly authorized representative when a request for the information is received from the veterans’ administration, the United States public health service, the superintendent of a state hospital, a commissioner or head of a state department of mental hygiene, or head of a state, county, or city health department and the disclosure is required by law, or for the purpose of treatment, payment, or health care operations.
7. Information contained in loan files may be made available to any party having an interest in the loan transaction upon approval by the commissioner or pursuant to rules and regulations adopted by the commissioner.
8. Information contained in department files required for official purposes by any agency of the United States government or by any agency of this state, or by any law enforcement or public welfare agency of any county or municipality of this state may be furnished in response to an official request, written or oral, from the agency. The requesting agency must be asked to specify the purpose for which the information is to be used.
9. Subject to the limitations of any other law, members of the legislative assembly may be furnished the information contained in department files as may be requested for official use.
10. A county veterans’ service officer may inspect records pertaining to any application for benefits in which the officer’s office may be directly involved upon the condition that only the information contained in the application as may be properly disclosed must be disclosed by the officer only to the applicant or if the applicant is incompetent, to the applicant’s duly authorized representative.
11. When records pertaining to any application for benefits are requested for use in any judicial proceedings, the records may be released only upon service of a proper subpoena and upon the condition the records will be returned upon conclusion of the proceedings.
12. Addresses of applicants from department records may not be furnished, except as provided in subsections 5 through 10. When an address is requested by a person to whom it may not be furnished, the person making the request must be informed correspondence enclosed in an unsealed envelope showing no return address, with the name of the addressee on the correspondence, and bearing sufficient postage to cover mailing costs will be forwarded by the department. When the correspondence is forwarded, the department’s return address must be placed on the envelope. If undelivered mail is returned to the department, the original sender must be notified, and the envelope must be retained by the department. The department may not forward letters for the purposes of debt collection, canvassing, or harassment.
13. Separation documents evidencing service in the armed forces of the United States and information extracted from a separation document by the United States department of defense are confidential and privileged, anything contained in subsections 4 through 10 notwithstanding. Examination of those records is limited to authorized employees of the department and information within those records may be disclosed only to interested governmental agencies for the purpose of assisting veterans or veterans’ eligible dependents to obtain the rights and benefits to which the veterans or veterans’ eligible dependents may be entitled.

37-18-12. Funding authority — Continuing appropriation.

1. Except as otherwise provided by subsection 2, the department of veterans’ affairs may accept and expend funds from any source, including federal or private sources, to be used to assist veterans or qualified veterans’ spouses in obtaining assistance and to pay other expenses authorized by law incurred in carrying out programs of benefit and service for resident North Dakota veterans as authorized by the administrative committee on veterans’ affairs with the approval of the emergency commission.
2. The department of veterans’ affairs may apply for, accept, and receive any private donation, gift, grant, or bequest that is offered or tendered with a specifically identified purpose or a restrictive condition and which is related to a benefit or service for resident North Dakota veterans.
   1. The department shall administer and expend any private donation, gift, grant, or bequest in accordance with the purpose or condition imposed by the donor.
   2. All moneys received or accepted under this subsection are appropriated on a continuing basis to the department of veterans’ affairs in accordance with the donor’s instructions.
3. All interest earnings from the veterans’ postwar trust fund received by the department of veterans’ affairs from the administrative committee on veterans’ affairs are appropriated to the department on a continuing basis.

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.

37-18-14. Department of veterans’ affairs employees — Conservatorship activities prohibited.

An employee of the department of veterans’ affairs may not serve as a conservator for an individual who is receiving benefits or services from the department, except if the individual is the spouse or an immediate family member of the employee.

37-18-15. Commemorative memorial coin — Eligibility.

1. The department of veterans’ affairs shall create and confer a commemorative memorial coin upon a family member of a deceased North Dakota veteran during military funeral honors for that veteran if the deceased veteran:
   1. Served on active duty, in the national guard, or in the selected reserve and departed the armed forces or national guard under conditions other than dishonorable;
   2. Completed at least one term of enlistment or period of initial obligated service in the selected reserve and departed under conditions other than dishonorable or was discharged from the selected reserve due to a disability incurred or aggravated in the line of duty;
   3. Died while serving on active duty, in the national guard, or in the selected reserve; or
   4. Was a Member of the Commissioned Officer Corps of the Public Health Service, the National Oceanic and Atmospheric Administration, or a Civilian or Contractual Group of Individuals Given Active Duty Service Determinations and Considered a Veteran under Public Law No. 95-202.
2. Any person may purchase a commemorative memorial coin from the department of veterans’ affairs at a cost determined by the department.
3. As used in this section:
   1. “Family member” means a spouse, parent, child, or other individual related by blood.
   2. “North Dakota veteran” means an individual who meets the requirements of subsection 1 and who was a resident of North Dakota during any period of the individual’s life.
4. Under section 37-18-12, the department may expend any gifts, grants, or donations received for the creation and conferment of commemorative memorial coins.

37-18.1-01. Administrative committee on veterans’ affairs — Membership — Appointment.

There is hereby created an administrative committee on veterans’ affairs, which, for purposes of this chapter, must hereinafter be referred to as the committee. The committee must consist of three ex officio nonvoting members and fifteen voting members. The adjutant general, the center director of the veterans’ administration, and the executive director of job service North Dakota are the ex officio nonvoting members who shall serve in an advisory capacity to the committee. On or before June 20, 1971, the American legion, the veterans of foreign wars, the disabled American veterans, the veterans of World War II, Korea, and Vietnam, (amvets), and Vietnam veterans of America, incorporated, shall each prepare a list containing the names of six persons qualifying as veterans under the provisions of section 37-01-40, for appointment as voting members of the committee. On or before July 1, 1971, the governor shall select fifteen nominees, three from each list, five of whom must be appointed to a term of three years, five of whom must be appointed to a term of two years, and five of whom must be appointed to a term of one year, or until their successors are appointed and qualified. On or before the twentieth day of June in each year, beginning in the year 1972, each of the above-listed nominating organizations shall submit a list containing the names of two persons who qualify as veterans under the provisions of section 37-01-40, to the governor for appointment or reappointment as voting members of the committee. On or before the first day of July in each year, beginning in the year 1972, the governor shall select one nominee from each list, a total of five nominees, to fill expiring terms of voting members of the committee. Each such appointment must be for a term of three years, or until a successor is appointed and qualified. All terms begin on the first day of July and end on the thirtieth day of June in the year specified. In case of the inability or failure of any voting member of the committee to serve, the governor shall appoint another member from a list of two persons qualifying as veterans under the provisions of section 37-01-40, submitted by the nominating organization represented by the member who was unable or failed to serve. Such appointments must be made for the remainder of the unexpired term.

37-18.1-02. Chairman — Secretary — Duties — Terms — Meetings.

A chairman and a secretary of the committee must be appointed by the governor from among the voting membership of the committee. Such appointment must be made annually, with the term of office to begin on the first day of July of the year specified and to end on the thirtieth day of June of the following year. Meetings of the committee must be held upon the call of the chairman, at such times and places as may be selected by the chairman, and upon due notice to committee members by the secretary. Meetings must also be called by the chairman upon the written request of any four voting members of the committee. A majority of the members of the committee is required for a quorum, and a majority of the members present voting in favor thereof is required for any action.

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

The committee is responsible for organization, policy, and general administration of all veterans’ affairs in the state of North Dakota. It has the following powers and duties:

1. The chairman and secretary of the committee, acting jointly, shall appoint a seven-member governing board for 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. The governing board has all ordinary powers required of a governing board, including the power to establish qualifications for and selection of an administrator and to establish an appropriate salary structure, subject to limitations of legislative appropriation. The administrator serves at the pleasure of the governing board.
2. The chairman and secretary of the committee jointly shall appoint a subcommittee to be responsible for 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 committee shall appoint the commissioner of the department of veterans’ affairs. 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 serves at the pleasure of the committee. The committee shall determine the salary paid to the commissioner of the department of veterans’ affairs within the limits of legislative appropriation. 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 appropriate board, commission, agency, or department of the state, and the North Dakota veterans’ legislative council.
5. The committee shall assure 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 carry out the provisions of this chapter in regard to organization, policy, and general administration of the agencies served and involved in the conduct of veterans’ affairs. The board governing the veterans’ home and the subcommittee governing the department of veterans’ affairs shall conduct an annual performance evaluation of the administrator and commissioner, respectively, with the evaluation presented to the committee. The board and subcommittee shall create and implement a strategic plan for the veterans’ home and the department of veterans’ affairs, respectively. The board and the subcommittee annually shall report as to the status of the respective strategic plan to the committee. After receiving a report, the committee shall submit the report to the governor.

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.

37-19.1-01. Definitions.

As used in this chapter:

1. “Agency” or “governmental agency” means all political subdivisions and the state, including any state agency, board, bureau, commission, department, officer, and any state institution or enterprise authorized to employ individuals either temporarily or permanently.
2. “Chief deputy” means the individual who is appointed by an elected or appointed official under express statutory authority to hire a chief deputy and who is authorized to act on behalf of that official. The term does not include an individual appointed to a position that must be filled under a competitive personnel system.
3. “Competitive personnel system” means a system that rates applicants for a position using an objective set of skills, knowledge, abilities, behaviors, or other characteristics required for the position.
4. “Disabled veteran” means a veteran who is found to be entitled to a service-connected disability rating as determined by the United States veterans’ administration.
5. “Justifiable cause” means grounds for action that are in accord with sufficient reason that can be justified or defended as correct. Justifiable cause not to hire a veteran must be something specific to that individual which renders the individual unsuitable for the position.
6. “Political subdivision” means counties, cities, townships, and any other governmental entity created by state law which employs individuals either temporarily or permanently.
7. “Private secretary” means the individual who is appointed by an elected or appointed official under express legal authority to hire a private secretary or administrative assistant and who is authorized to handle correspondence, keep files, schedule appointments, and do other clerical work of a more personal and confidential nature for that official, but does not include an individual appointed to a position that must be filled under a competitive personnel system.
8. “Veteran” means an individual who:
   1. Is a veteran as defined in subsection 1 of section 37-01-40; or
   2. Has been honorably discharged from the national guard or a reserve unit located within North Dakota and:
      1. Has completed a minimum of twenty years of service; or
      2. Served in a combat zone.

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:
   1. An applicant claiming veterans’ preference shall provide a copy of report of separation DD-214.
   2. 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.
   3. 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.
   4. 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:
   1. 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.
   2. 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.
   3. 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:
   1. No distinction or discrimination may be made in the administration of the competitive personnel system examination because the applicant may be a veteran.
   2. 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.
   3. 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.
   4. 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.

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 that brings the veteran’s total disability rating to one hundred percent 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.

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

1. If a veteran, or a qualified veteran’s spouse, hereafter known as the applicant, is not given the preference provided in section 37-19.1-02 or 37-19.1-03, the applicant, within fifteen calendar days after receipt of notification by certified mail or through the online recruiting solution system that employment has been refused, may request a hearing as provided in subsection 3. The notification from the employer must include the reasons for nonselection, inform the applicant of the right to an appeal hearing, inform the applicant of the requirement that the request for a hearing must be filed by certified mail within fifteen calendar days after the notification, inform the applicant that a request for an appeal hearing must be made to the commissioner of veterans’ affairs at the included commissioner’s mailing address, and inform the applicant that if the applicant requests an appeal, the applicant must mail a copy of the request for an appeal hearing to the employer or employing agency. The applicant’s request for a hearing must be in writing, must include a copy of the employer’s notification that employment has been refused, and must be mailed to the commissioner of veterans’ affairs by certified mail. A copy of the written request must be mailed to the employer or employing agency by certified mail. The applicant is entitled to immediate employment in the position for which application was originally made, or an equivalent position, together with backpay and benefits from the date the appointment should have been made less amounts otherwise earnable through due diligence, if the hearing officer finds in favor of the applicant.
2. Any person who has exercised the right to an employment preference under this chapter, and who, within one year after exercise of that right:
   1. Is discharged;
   2. Has had compensation reduced; or
   3. Is otherwise subject to action by the employing agency designed to cause the veteran or qualified veteran’s spouse to resign or quit employment, is entitled to a hearing if the person believes that the employing agency took any of the above-described action due to the exercise of employment preference. The hearing must be held before a hearing officer as provided in subsection 3. If the hearing officer finds that the employing agency took any of the actions described in subdivision a, b, or c due to the person’s exercise of the right to an employment preference, the hearing officer shall order the employing agency to cease and desist from such action or to reinstate the veteran or qualified veteran’s spouse. The request for a hearing under this subsection must be in writing addressed to the commissioner of veterans’ affairs. The request for a hearing must identify the employer or employing agency that took any action described in subdivision a, b, or c and describe the action taken. A copy of the written request must be mailed to the employer or employing agency. The request, addressed to the commissioner of veterans’ affairs and the copy to the employer or employing agency, must be made by certified mail within fifteen calendar days after any action described in subdivision a, b, or c is taken by the employing agency.
3. Within fifteen calendar days after receiving a request from an applicant or person under subsection 1 or 2, the commissioner of veterans’ affairs may request the director of the office of administrative hearings to designate a hearing officer to hear the grievance arising under subsection 1 or 2. The commissioner shall notify the employer or employing agency that a request for a hearing has been made. The office of administrative hearings is entitled to be reimbursed by the employer or employing agency for all hearing officer services rendered and expenses incurred in performing these duties. The hearing officer shall hold the hearing within thirty calendar days after the hearing officer request is received by the director of the office of administrative hearings. Notwithstanding the time limitation, the hearing officer may postpone or continue the hearing for good cause, at the request of a party. At the hearing, both parties may be represented by counsel. If the hearing is requested pursuant to subsection 1, the employing agency has the burden of proving that the veteran or the qualified veteran’s spouse did not possess the qualifications required for the position. If the hearing is requested pursuant to subsection 2, the employing agency has the burden of proving that any action which was taken was not taken because of exercise of the right to an employment preference. The hearing officer shall issue findings of fact, conclusions of law, and an order within fifteen calendar days after the hearing is concluded, briefs filed, and arguments closed. The order is binding on both parties, subject to appeal.
4. Any party aggrieved by the findings of fact, conclusions of law, and order of the hearing officer may appeal in the manner provided for in chapter 28-32, except that the appellant need not execute an undertaking.

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.

37-26-01. Definitions.

As used in this chapter:

1. “Adjutant general” means the adjutant general of North Dakota.
2. “Beneficiary” in relation to a deceased veteran, means, in the order named:
   1. The surviving unremarried husband or wife as of the date of signing the application;
   2. The surviving child or children and the lawful issue of a deceased child or children by right of representation;
   3. The surviving person standing in loco parentis; or
   4. The surviving parent or parents.
3. “Domestic service” means service by a veteran during the period of service which is not foreign service.
4. “Foreign service” means service by a veteran during the period of service anywhere in the Persian Gulf theatre.
5. “Honorable and faithful” means service evidenced by:
   1. An honorable discharge, or its equivalent;
   2. In the case of an officer, a certificate of service; and
   3. In the case of a veteran who has not been discharged, a certificate from the appropriate service authority that the veteran’s service was honorable and faithful.
6. “Period of service” means the period of time beginning August 2, 1990, and ending June 30, 1993.
7. “Resident” means a person who:
   1. Was born in and lived in the state of North Dakota until entrance into the armed forces of the United States;
   2. Was born in, but was temporarily living outside the state of North Dakota, not having abandoned North Dakota residence at the time of entrance into the armed forces of the United States; or
   3. Was born elsewhere but had resided within the state of North Dakota for the last six months before entrance into military service and had prior to or during that six-month period:
      1. Voted in the state of North Dakota;
      2. Was an emancipated minor during such period of residence or had lived with a parent or person standing in loco parentis who was a resident; or
      3. Was not registered for voting in another state after being a resident.
   4. “Resident” also means a veteran who was a bona fide resident of the state of North Dakota at the time of entering the armed forces, as determined under the rules of the adjutant general and the laws of this state. A person is not a resident of North Dakota for the purpose of receiving any benefits under this chapter if the person was on continuous active duty in the armed forces, immediately prior to August 2, 1990, and has not established actual abode in North Dakota prior to April 18, 1991.
8. “Veteran” means a member of the national guard or reserve component who was activated under 10 U.S.C. 12301, in effect on December 31, 2004, or 10 U.S.C. 12302, in effect on December 31, 2011, and who completed honorable and faithful service of more than thirty days on active duty in the armed forces of the United States at any time during the period of service, who was a resident of the state of North Dakota, and who has not received bonus or adjusted compensation from another state for the period of service.

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.

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.

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.

37-26-05. Method of payment — Deduction of sums due veterans’ aid fund.

Upon submission of satisfactory proof that the applicant is entitled to payment under this chapter, the adjutant general shall compute the amount of payment due the applicant, make a record thereof, and forward a voucher for the payment to the office of management and budget, which shall cause the warrant-check to be issued for the amount of the claim. Payment must be made from funds appropriated by the legislative assembly. If the veteran or the applicant for payment under this chapter is indebted to the veterans’ aid fund of the state of North Dakota, the adjutant general shall determine the amount of such indebtedness and certify such determination to the office of management and budget together with the record of payment due. Within the limits of the payment due, the amount of such indebtedness must be paid to the veterans’ aid fund and the applicant must be paid any remainder to which the veteran is entitled.

37-26-06. Payments exempt from taxation and from execution — Assignments void — Debts to state and political subdivisions not deducted.

Payments under this chapter are exempt from all state and local taxes and from levy, garnishment, attachment, and sale on execution. Any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in any claim or payment under this chapter is void and payment to the veteran may not be denied because of any sums owed to the state or any political subdivisions, except as provided in section 37-26-05.

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.

37-26-08. Penalty for false statement.

Any person who willfully makes a false statement in the application for benefits under this chapter is guilty of a class A misdemeanor.

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:
   1. The surviving unremarried spouse as of the date of signing the application;
   2. The surviving child or children and the lawful issue of a deceased child or children by representation;
   3. The surviving person standing in loco parentis; or
   4. The surviving parent or parents.
3. “Honorable and faithful” means service evidenced by:
   1. An honorable discharge, or its equivalent;
   2. In the case of an officer, a certificate of service; and
   3. 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:
   1. For the Persian Gulf War, the period of time beginning August 2, 1990, and ending June 30, 1993;
   2. For the Grenada armed conflict, the period of time beginning October 23, 1983, and ending November 21, 1983;
   3. For the Lebanon armed conflict, the period of time beginning June 1, 1983, and ending August 1, 1984; or
   4. 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:
   1. Was born in and lived in North Dakota until entrance into the armed forces of the United States;
   2. 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;
   3. 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
   4. 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.

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

Each veteran is entitled to one hundred dollars for each month or any part of a month for qualifying service. The total compensation paid to any veteran for qualifying service under this chapter may not exceed one thousand dollars, except as provided in this section and section 37-27-03. If the veteran received a purple heart for qualifying 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 may be filed with the adjutant general after July 1, 1993, but not later than December 31, 1994.

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.

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.

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.

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.

37-27-07. Duty of adjutant general — Finality of decisions — Questions of residence subject to court review.

The adjutant general shall administer this chapter. The adjutant general shall prepare and distribute application blanks and investigate all claims and applications filed. If the adjutant general is satisfied of the proof of a claim and application, the adjutant general shall approve and direct payment of the claim. The adjutant general may adopt any rules necessary to the efficient administration of this chapter. The necessary documents used in the administration of this chapter shall become a part of the permanent records of the office of the adjutant general. The adjutant general may determine any claim in any case if doubt arises as to the eligibility of an applicant to receive payment and the decision of the adjutant general in such case is final, except on questions of residence which are subject to review by a court of competent jurisdiction. The adjutant general shall authorize payment for prisoners of war upon their release and return.

37-27-08. Penalty for false statement.

Any person who willfully makes a false statement in the application for benefits under this chapter is guilty of a class A misdemeanor.

37-28-01. Statement of public purpose.

In order to ease the financial hardships and personal and family sacrifice sustained by members of the North Dakota national guard, and North Dakota residents of the reserve, and active duty component who were mobilized after December 5, 1992, in support of military operations around the world it is the intent of the legislative assembly that additional compensation be provided to those resident veterans of North Dakota and payment of that compensation is declared to be a public purpose. It is the further intent of the legislative assembly to encourage those North Dakota resident veterans to continue their voluntary membership in the national guard, reserve component, and active military force.

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:
   1. The surviving unremarried husband or wife as of the date of signing the application;
   2. The surviving child or children and the lawful issue of a deceased child or children by right of representation;
   3. The surviving person standing in loco parentis; or
   4. 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:
   1. An honorable discharge, or its equivalent;
   2. In the case of an officer, a certificate of service; and
   3. 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. 1. “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.
   2. “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.

37-28-03. Payment of adjusted compensation for domestic and foreign service.

Each national guard or reserve component resident veteran mobilized stateside is entitled to fifty dollars for each month or major fraction thereof for domestic service. Each national guard, reserve, or active component resident veteran of foreign service who received the expeditionary medal or campaign badge is entitled to one hundred dollars for each month or major fraction thereof. If the veteran received a purple heart for foreign service, the veteran is entitled to a payment of two thousand five hundred dollars in lieu of monthly payments for adjusted compensation related to the mobilization during which the purple heart was earned. If the veteran is deceased, the veteran’s beneficiary is entitled to any payments under this chapter to which the veteran would have been entitled. Applications for adjusted compensation may be filed with the adjutant general through June 30, 2021, or in the case of a soldier mobilized on June 30, 2021, not later than six months after the end of the mobilization period of service.

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

In the case of a veteran who died as a result of active service during the period of service, the beneficiary of the veteran is entitled to a payment of five thousand dollars in lieu of any other compensation under this chapter.

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.

37-28-06. Method of payment — Deduction of sums due veterans’ aid fund.

Upon submission of satisfactory proof that the applicant is entitled to payment under this chapter, the adjutant general shall compute the amount of payment due the applicant, make a record thereof, and forward a voucher for the payment to the office of management and budget, which shall cause the warrant-check to be issued for the amount of the claim. Payment must be made from funds appropriated by the legislative assembly. If the veteran or the applicant for payment under this chapter is indebted to the veterans’ aid fund of the state of North Dakota, the adjutant general shall determine the amount of such indebtedness and certify such determination to the office of management and budget together with the record of payment due. Within the limits of the payment due, the amount of such indebtedness must be paid to the veterans’ aid fund and the applicant must be paid any remainder to which the veteran is entitled.

37-28-07. Payments exempt from taxation and from execution — Assignments void — Debts to state and political subdivisions not deducted.

Payments under this chapter are exempt from all state and local taxes, including taxes determined under section 57-38-30.3, and from levy, garnishment, attachment, and sale on execution. Any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in any claim or payment under this chapter is void and payment to the veteran may not be denied because of any sums owed to the state or any political subdivisions, except as provided in section 37-26-05.

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.

37-28-09. Penalty for false statement.

Any person who willfully makes a false statement in the application for benefits under section 37-28-05 is guilty of a class A misdemeanor.

37-29-01. Definitions.

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

1. “Disaster or emergency” means circumstances resulting in a volunteer emergency responder acting in the capacity as a volunteer emergency responder.
2. “Volunteer emergency responder” means an individual in good standing as:
   1. A volunteer member of the army national guard or air national guard of this state or any state; or
   2. A volunteer civilian member of the civil air patrol.

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.

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.

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:
   1. 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.
   2. 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:
   1. 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.
   2. 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.