39-03 Highway Patrol
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<![CDATA[CHAPTER 39-03HIGHWAY PATROL39-03-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Assistant superintendent" means the assistant highway patrol superintendent.2."Patrolmen" means the members of the highway patrol including the superintendent<br>and the assistant superintendent.3."Superintendent" means the state highway patrol superintendent.39-03-02.State highway patrol superintendent appointed by governor - Duties.The governor shall appoint a state highway patrol superintendent who shall enforce the<br>provisions of the laws of this state relating to the protection and use of the highways in this state<br>and the operation of motor and other vehicles upon such highways.39-03-03. Patrolmen - Appointment - Removal - Duties.The superintendent, theassistant superintendent, and the patrolmen constitute the highway patrol. The highway patrol<br>shall enforce the provisions of the laws of this state relating to the protection and use of highways<br>and shall patrol the highways and cooperate with sheriffs and police in enforcing the laws<br>regulating the operation of vehicles and the use of highways. All patrolmen and the assistant<br>superintendent must be appointed by the superintendent.Each patrolman so appointed isdeemed a temporary appointee for a period of twelve months, during which period the patrolman<br>must be placed under probationary training and service and is subject to dismissal at the will of<br>the superintendent. At the end of the twelve-month period, a temporary appointee must either be<br>given a permanent appointment by the superintendent or must be automatically dismissed. The<br>assistant superintendent and patrolmen who have received a permanent appointment are subject<br>to removal for cause by the superintendent, but must be permitted to appeal a dismissal under<br>chapter 54-44.3, provided that the removal of the assistant superintendent from that person's<br>position does not entitle that person to appeal the removal unless that person is also dismissed<br>from the patrol.39-03-04. Qualifications of patrolmen - Veterans have preference. No person maybe appointed as a patrolman unless the person has all of the following qualifications:1.Has passed such physical examination and such other qualification test as may be<br>required by the superintendent.2.Is of good moral character and temperate habits.3.Has been a citizen of the United States for not less than two years prior to the<br>appointment.Preference for appointment must be given at all times to honorably discharged veterans and<br>citizens of the state of North Dakota, and all appointments must be made without regard to any<br>political party affiliation of the applicant.39-03-05. Badge issued to patrolmen - Contents of badge. The superintendent shallissue to each patrolman a badge of authority with the seal of this state in the center thereof. The<br>term "North Dakota highway patrol" must encircle such seal and below the same must appear<br>the designation of the position held by the person to whom such badge is issued. Each such<br>badge must contain a serial number, or each patrolman shall display otherwise a distinctive serial<br>number. No badge may be issued to any person who is not a duly appointed and acting member<br>of the highway patrol.Page No. 139-03-06.Oath required of superintendent, assistant superintendent, andpatrolmen. The superintendent, assistant superintendent, and each patrolman, before entering<br>upon the performance of the person's duties, shall take and file the oath prescribed by law for<br>state officers.39-03-07. Salary of superintendent - Limitations. The salary of the superintendentmust be within the amount appropriated for salaries by the legislative assembly. The salary of<br>the assistant superintendent and each patrolman must be fixed by the superintendent, and must<br>be paid in the same manner as other state employees are paid.39-03-08. Manner of paying salaries, wages, and expenses of highway patrol. Allsalaries, wages, and other expenses of the highway patrol must be paid by the office of<br>management and budget and state treasurer out of the patrol fund, upon vouchers required by<br>law for the payment of all state expenses, duly approved by the superintendent, and audited and<br>allowed by the office of the budget.39-03-08.1. Contracts - Bids. Repealed by S.L. 1999, ch. 332, </p>
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