General Provisions

Repealed by S.L. 1977, ch. 113, § 1.

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 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. 

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.

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 be presumed to be acting in the line of duty except in the case of willful misconduct or  gross negligence.

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.

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.

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.

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 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.

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 thereof, to be in a state of insurrection.

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.