Title 37, Military

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

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 acti…

The department of emergency services consists of a division of the state emergency communications center, and a division of homeland security and emergency management. The adjutant general is the director of the department. The adjutant general shall provide for shared administra…

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 …

The department of emergency services may require a final applicant for employment to submit to statewide and nationwide criminal history record checks. The nationwide criminal history record check must be conducted in the manner provided by section 12-60-24.

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. Interfer…

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 th…

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.…

1. The division of homeland security and emergency management 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 me…

1. All areas of the state are within the jurisdiction of and must be served by the division of homeland security and emergency management or by a local or multicounty emergency management organization. 2. Each county shall maintain an emergency management organization that serves…

1. Program components. a. The governor shall appoint members of the state emergency response commission to carry out the commission's responsibilities as outlined in Public Law 99-499, 42 U.S.C. 11001, et seq., also referred to as SARA title III, and the responsibilities of the c…

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 stat…

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…

An order or proclamation under section 37-17.1-10 which includes a restriction on open burning may provide for a penalty for a violation of the restriction through a citation, a criminal complaint, or an information through the district court in the county in which the offense oc…

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 eme…

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 r…

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 comprehen…

1. Counties and cities must be encouraged and assisted by the division of homeland security and emergency management to conclude suitable arrangements for furnishing mutual aid in emergency management. The arrangements must include provision of aid by persons and units in public …

1. The division of homeland security and emergency management 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…

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 stat…

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 p…

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: INTERSTATE MUTUAL AID AGREEMENT OR COMPACT ARTICLE I - PURPOSE AND AUTHORITIES This compact is made and entered into by and between the participating member stat…

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…

The division of homeland security and emergency management 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 …

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 emerge…

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 manage…

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 a…

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 implementin…

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 disas…

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 comm…

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 au…

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 d…

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 princi…

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 di…

There is created in the state treasury a state disaster relief fund. Moneys in the fund are to be used subject to legislative appropriations for providing the required state share of funding for expenses and administration associated with emergency response operations conducted b…

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…

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 disaste…

There is created a hazard mitigation revolving loan fund to coordinate funding for hazard mitigation activities in North Dakota. The department of emergency services will administer this fund in accordance with the Safeguarding Tomorrow through Ongoing Risk Mitigation Act [Pub. L…

The department of emergency services shall administer the hazard mitigation revolving loan fund and has the following powers and duties: 1. Apply for and accept grants of money from the United States federal emergency management agency or other federal agencies. Grant funds must …

1. When approved by the emergency commission, the office of the adjutant general is authorized to borrow from the Bank of North Dakota, to match federal funds provided for the implementation of the hazard mitigation revolving loan fund. In addition to the principal repayment, the…