Title 37, Military

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 …

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 State…

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 …

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 envir…

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 f…

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.

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 gr…

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.

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…

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…

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 distingui…

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 outstan…

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.

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.

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 st…

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 functi…

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…

It is a class B misdemeanor for a person to: 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 …

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 …

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 …

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…

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 Unit…

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.

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.

1. For purposes of this section, "officer or employee" means: a. A member of the national guard; b. A member of the armed forces reserve of the United States of America; c. An individual subject to call in the federal service by the president of the United States; or d. An indivi…

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…

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…

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…

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

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…

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.

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 …

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…

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…

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…

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 …

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…

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…

1. A "veteran" is an individual who served on continuous federalized active uniformed services duty for one hundred eighty days or the full period for which the individual was called or ordered to active duty for reasons other than training, and who was discharged or released und…

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…

1. Any World War II veteran who did not receive a high school diploma may apply for an honorary high school diploma, provided: a. The veteran entered the United States armed forces between September 16, 1940, and December 31, 1946, prior to completing the necessary high school gr…

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.

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 ins…

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…

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…

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…

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…

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 un…

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 promu…

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.