In this title, unless the context otherwise requires: 1. "Active militia" means the organized and uniformed military forces of this state known as the "North Dakota national guard" and the reserve militia when called to active service. 2. "Active service" means state active duty in case of public disaster, riot, tumult, breach of the peace, resistance of process, or the threat thereof, whenever called in aid of civil authorities, or under martial law, or at encampments, whether ordered by state or federal authorities, and includes the performance of any other duty requiring the entire time of the organization or person, except when called or drafted into the federal service by the president of the United States. The term includes service in case of, or to prevent, insurrection, riot, or invasion under the order of the commander in chief communicated through proper military channels. 3. "Adjutant general coin" means a coin or medallion bearing the state's adjutant general's organization insignia or emblem. 4. "Armed forces" means army, marine corps, navy, air force, space force, and coast guard. 5. "Disaster response coin" means a coin or medallion bearing a design to commemorate the response during a state disaster or emergency. 6. "Military" means armed forces. 7. "Military forces of this state" means those individuals in the active militia. 8. "Militia" means a group of individuals defined in the Constitution of North Dakota. 9. "National guard" means that part of the military forces of this state which is organized, equipped, and federally recognized under the provisions of the National Defense Act, as amended, of the United States as the "national guard, air national guard, of the United States and the state of North Dakota". The term includes also the term "national guard of the state of North Dakota". 10. "On duty" includes periods of drill and of such other training and service as may be required under state or federal law, regulation, or order. 11. "Reserve militia" consists of all those individuals who are subject to service in the active militia and who are not serving in the national guard of this state. 12. "State active duty" means active service on behalf of the state under authority of the governor at the expense of the state. 13. "State defense force" means the group of individuals in the reserve militia in state active duty under chapter 37-12.1. 14. "Uniformed services" means the armed forces, national oceanic and atmospheric administration commissioned officer corps, and the commissioned corps of the United States public health service.
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 [10 U.S.C. 801-950] in effect on December 31, 2024, governing the armed forces of the United States and the Manual for Courts-Martial, United States, 2024 edition, are a part of this title so far as the articles are applicable and not modified by any provision of this title. An individual who commits an offense while on military duty status, including state active duty, may be tried by a court-martial lawfully appointed even after the duty has terminated, and if found guilty, the accused must be punished according to the articles of uniform code of military justice and the rules and regulations governing the armed forces of the United States, within the limits prescribed in this title and by federal law for the courts-martial in the national guard. In any case in which the individual alleged to have committed the offense could be charged either under the code of military justice or the civil law of this state, the officer whose duty it is to approve the charge, in the officer's discretion, may order the person charged or subject to being charged to be turned over to the civil authorities for trial. Commanders may administer nonjudicial punishment for offenses while on military duty status, including state active duty, in accordance with part V, Manual for Courts-Martial, except the service member may not demand a trial by courts-martial. When reference is made to the articles of uniform code of military justice, to the military service, or to the armed forces of the United States, the reference must be deemed to include the military service of this state. Laws of this state affecting the military forces must be construed to conform to all acts and regulations of the United States affecting the same subjects.
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.