42 chapters · 288 sections in this title.
N.D.C.C. § 37-01-01 Definitions
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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 …
N.D.C.C. § 37-01-08 Proclamation of state of insurrection - Governor may proclaim
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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…
N.D.C.C. § 37-01-09 Service medals
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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…
N.D.C.C. § 37-01-10.2 North Dakota state flag - Presented by whom - Qualifications
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A North Dakota state flag may be presented upon retirement to any member of the North Dakota national guard upon the completion of twenty good years or more of military service.
N.D.C.C. § 37-01-11 Members of active militia exempt from civil process
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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 o…
N.D.C.C. § 37-01-14 Free passage through toll gates, bridges, and ferries
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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 p…
N.D.C.C. § 37-01-15 Exemption from jury duty
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Repealed by S.L. 1977, ch. 113, § 1. 37-01-16.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. It is a class B misdemeanor for a person to: 1. Secretly sell, dispose of, offer for sale, purchase, retain after a demand…
N.D.C.C. § 37-01-17 Misuse of funds or property by officer or soldier of national guard
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Repealed by S.L. 1975, ch. 106, § 673. 37-01-18. Officer or soldier of national guard making false certificate or return - Misdemeanor. Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 37-01-19 Commanding officer may arrest trespassers and disturbers
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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 …
N.D.C.C. § 37-01-20 Penalty for resisting when state of insurrection exists
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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 …
N.D.C.C. § 37-01-21 Military parades by certain bodies prohibited - Exceptions - Penalty
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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 appropria…
N.D.C.C. § 37-01-25.1 Reinstatement to former position - Appeals - Penalty
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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, app…
N.D.C.C. § 37-01-25.2 Penalty
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Repealed by omission from this code.
N.D.C.C. § 37-01-26 Pay of officers and enlisted men assigned to special duty
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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 advocate…
N.D.C.C. § 37-01-27 Members of national guard exempt from poll tax
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Repealed by S.L. 1969, ch. 528, § 24.
N.D.C.C. § 37-01-28 Failure of member of the militia to appear - Penalty
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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 d…
N.D.C.C. § 37-01-29 Discipline and training of the national guard - Requirements governing
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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 ex…
N.D.C.C. § 37-01-33 Saving of rights accrued
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All contracts, pensions, commissions, leases, agreements, and similar actions taken, made, or entered into under previous statutes which, by their nature, custom, or usage, were continuing in effect remain in full force and effect.
N.D.C.C. § 37-01-34 Recordation of discharge papers
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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 …
N.D.C.C. § 37-01-35 Legalizing previous recordings
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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…
N.D.C.C. § 37-01-36 Certified copy of record furnished veteran without charge
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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, sha…
N.D.C.C. § 37-01-37 Disability of minor to contract
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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 c…
N.D.C.C. § 37-01-38 National guard operating fund
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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 …
N.D.C.C. § 37-01-39 Expenditure of funds
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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 app…
N.D.C.C. § 37-01-39.1 Unit funds - Maintenance and expenditure
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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, equi…
N.D.C.C. § 37-01-41 Claims against the national guard
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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 whi…
N.D.C.C. § 37-01-43 North Dakota military civil relief act
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An individual called or ordered to active service for thirty consecutive days or longer has all of the protections afforded to persons in the military service of the United States under the Servicemembers Civil Relief Act [50 U.S.C. 3901-4043] in effect on December 31, 2024. 37-0…
N.D.C.C. § 37-01-45 Record of veterans
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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 g…
N.D.C.C. § 37-01-46 Honoring as veterans individuals who have performed military service
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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…
N.D.C.C. § 37-01-47 Health insurance coverage while on state active duty
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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 qu…
N.D.C.C. § 37-01-48 Payment of death benefits
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The national guard may pay a death benefit to a designated beneficiary, or to the next of kin, of a national guard service member who died while serving in a state active duty status under this chapter. The payment of a death benefit may not exceed one hundred thousand dollars an…