37-01 General Provisions

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TITLE 37MILITARYCHAPTER 37-01GENERAL PROVISIONS37-01-01. Definitions. 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."Military forces of this state" means those individuals in the active militia.4."Militia" means a group of individuals defined in the Constitution of North Dakota.5."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".6."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.7."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.8."State active duty" means active service on behalf of the state under authority of the governor at the expense of the state.9."State defense force" means the group of individuals in the reserve militia in state active duty under chapter 37-12.1.37-01-02. Armed military force from another state entering this state for militaryduty 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 governing the armed forces of the United States as codified in the Manual for Courts-Martial, United States, 1984 (1998 edition), now in effect, are a part of this title so far as the same are applicable and not modified by any provision of this title. A person who commits an offense while on duty may be tried by a court-martial lawfully appointed even after such 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 and within the limits prescribed in this title and by federal law for the courts-martialPage No. 1in the national guard. In any case in which the person 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 such 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. Whenever 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, such reference shall be deemed to include the military service of this state. The intent of this title and of all laws of this state affecting the military forces is to conform to all acts and regulations of the United States affecting the same subjects, and all laws of this state shall be construed to effect this purpose.37-01-04.Governor's authority to order out national guard - Reserve militiaordered out. In case of insurrection, invasion, tumult, riot, breach of the peace, 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 emergencycommission. 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 tonew organization.The state designation of an organization of the national guard which isabsent 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 avertdisaster 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 coalmine 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:Page No. 21.Use any of the facilities or offices of this state.2.Command the services of the state militia.37-01-08. Proclamation of state of insurrection - Governor may proclaim. If anyportion 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 thereof, to be in a state of insurrection.37-01-09. Service medals. The commander in chief of the national guard of this statemay issue an order providing suitable service medals or ribbons or marks of distinction for all officers and enlisted men who have served in the national guard for an aggregate period of five, ten, fifteen, and twenty years, respectively, and for a like service thereafter or for service on active duty with the armed forces of the United States. Such service medals or ribbons may also be awarded to any member of the armed forces of the United States who shall serve in an active duty capacity with the North Dakota national guard for a period of two or more years.37-01-10.Distinguished service medal - Presented by whom - Qualifications -Regulations governing. 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 distinguished by extraordinary heroism or devotion to duty or to a member or former member of the armed forces of the United States or the national guard of another state who performs outstanding and extraordinary service for the national guard of this state. Such medal must bear a suitable inscription and ribbon and must be of suitable military design. The award of a distinguished service medal must be made by a board of awards consisting of the adjutant general and senior officers of regiments or separate organizations of the national guard of this state. Such board must be instituted by a general order of the adjutant general's office prescribing rules and regulations for its meetings and method of procedure. Not more than one distinguished service medal may be awarded to any one person and no medals may be awarded or presented to any person whose service subsequent to the recommendations for award has not been honorable. For each succeeding citation, a person to whom a distinguished service medal has been awarded or presented previously is entitled to wear, as the adjutant general of the state may direct, a metal device attached to the ribbon of such distinguished service medal. In the event of the death of a person to whom a distinguished service medal has been awarded, the presentation must be made to the nearest of kin.37-01-10.1.North Dakota legion of merit medal - Presented by whom -Qualifications - Regulations governing. 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 outstanding service and twenty years of duty to the North Dakota national guard, and that person's community, state, and nation.Such medal may also beawarded to a member or former member of the armed forces of the United States or of the national guard of another state who performs outstanding service for the guard of this state. The medal must bear a suitable inscription and must be of military design as prescribed by the adjutant general. The medal must be awarded by the board of awards in the same manner as prescribed in section 37-01-10.37-01-11. Members of active militia exempt from civil process. No person belongingto 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 or militia exempt from civil or criminalliability. 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 state must bePage No. 3presumed to be acting in the line of duty except in the case of willful misconduct or gross negligence. When a suit or proceeding is commenced in any court against an officer of the militia for any act done by such officer in the officer's official capacity in the discharge of any duty under the provisions of this title, or against any person acting under the authority or order of any such officer or by virtue of any warrant issued by any such officer pursuant to law, the defendant is entitled to legal representation provided by the attorney general, an assistant attorney general, or a judge advocate officer at no cost. The defendant in such action may require the person prosecuting or instituting the suit or proceeding to file security for the payment of the costs that may be awarded to the defendant therein. The defendant in all such cases may make a general denial and give the special matter in evidence. If the action is dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover treble costs in the action.37-01-13. Right of way of national guard while on duty - Exceptions - Interferencewith - Penalty. 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 functions of the police, and the progress and operations of hospital ambulances and fire departments may not be interfered with thereby.The adjutant general may provide for theissuance of special identification plates to be placed upon the privately owned vehicles of members of the national guard in order to properly identify vehicles operated by such members. All persons who hinder, delay, or obstruct any portion of the national guard wherever parading or performing any military duty are guilty of a class B misdemeanor.37-01-14.Free passage through toll gates, bridges, and ferries.Any personbelonging 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 person's conveyance and with any military property of this state in the person's charge, if the person is in uniform or if the person presents an order for duty or a certificate of membership in the national guard.37-01-15. Exemption from jury duty. 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37-01 General Provisions