Title 37, Military

1. The agriculture commissioner may create one or more military compatibility committees to harmonize land, airspace, and electromagnetic spectrum use in military impact zones, review potential encroachment of military installations in military impact zones, and promote the susta…

1. Each officer and enlisted member of the national guard, when called to state active duty by the governor, is entitled to receive pay and allowances at the highest rate provided for national guard members of the same grade in the national guard of the United States, except any …

Officers or enlisted members of the national guard when called into state active duty by the governor must be reimbursed for traveling and incidental expenses at the same rate provided by law for other state officials. The adjutant general may authorize the purchase of meals or r…

An officer or enlisted member of the national guard 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 und…

An officer or enlisted member of the national guard ordered to active duty under federal authority, while so assigned, must receive the pay and allowances authorized under federal law.

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 author…

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 c…

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 …

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, o…

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.

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.

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 …

1. Subject to legislative appropriation and regulations adopted by the adjutant general, a qualifying member of the national guard who enrolls in an accredited postsecondary education institution which is located outside of the state, may receive a grant in an amount not to excee…

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 app…

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.

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.

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 ear…

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 acc…

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 …

The governor shall develop and maintain plans for the 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.

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, c…

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, includi…

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.

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…