North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2095

Introduced
1/3/23  
Refer
1/3/23  
Report Pass
1/19/23  
Engrossed
1/23/23  
Refer
2/16/23  
Report Pass
3/3/23  
Enrolled
3/8/23  

Caption

The operation of the North Dakota national guard.

Impact

The legislative adjustments proposed in SB2095 will impose significant changes on the treatment of military personnel in North Dakota. By streamlining military justice provisions, the bill ensures that service members are governed under a uniform set of laws that are consistent with federal requirements. This shift may enhance the legal framework surrounding military operations within the state, particularly in aspects concerning court-martial procedures and civil accountability of military personnel. The hope is that these changes will foster better legal protections and clarity for the National Guard members in North Dakota.

Summary

Senate Bill 2095 pertains to the operation of the North Dakota National Guard, amending several sections of the North Dakota Century Code. The bill aims to align state military regulations with the articles of the uniform code of military justice applicable to the armed forces of the United States. Key changes include specific provisions regarding the judicial processes for service members who commit offenses during active duty and clarification on punishment regulations. Furthermore, the bill extends protections under the Servicemembers Civil Relief Act to individuals called to active service for thirty consecutive days or more.

Sentiment

Overall, the sentiment surrounding SB2095 appears to be positive among legislators, as evidenced by the unanimous votes in both the Senate and House. The support reflects a collective recognition of the need to bolster military justice and civil protections for guardsmen. Lawmakers articulated a commitment to ensuring that service members are adequately protected under state law, mirroring federal statutes designed to safeguard military personnel. However, some discussions may have raised concerns regarding the complexities of executing these military regulations effectively.

Contention

Despite the overall support, potential areas of contention can arise from the bill's implications for local governance concerning military actions and civil proceedings. Critics might voice concerns regarding the balance of military and civilian jurisdiction, particularly in cases where service members may face both military and civil charges. The whisper of concerns suggests the need for a careful consideration of how these expanded protections and changes to military justice are enacted, ensuring that they do not inadvertently undermine civilian judicial oversight or lead to conflicts in legal jurisdiction.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1074

The operation and regulation of the North Dakota national guard.

ND HB1076

Indiana national guard matters.

ND HB1069

Expenses and pay of officer and enlisted members of the national guard; and to declare an emergency.

ND SB0279

Indiana national guard matters.

ND SB947

Relating to the national guard.

ND HB1078

The reimbursement of certain medical expenses for North Dakota national guard members; and to declare an emergency.

ND HB1315

A BILL for an Act to create and enact a new section to chapter 37-01 of the North Dakota Century Code; relating to the deployment of the North Dakota national guard; and to declare an emergency.

ND SB2198

National guard or federal service leave of absence for state and political subdivision employees and the definition of veteran; and to declare an emergency.

ND HB1423

A model zoning ordinance for animal feeding operations and the North Dakota insurance reserve fund.

ND HB0360

Title 39a - National Guard and Militia Act

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CA AB361

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NJ AJR198

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NJ SJR106

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NJ SJR74

Designates month of April of each year as "Military Child Appreciation Month" in NJ; designates last full week of April of each year as "Military Child Appreciation Week" in NJ.

NJ AJR109

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