25.0015.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Heilman, D. Johnston, Hendrix, Morton, Nehring, Marschall, Toman,
Hoverson, Kasper, VanWinkle
Senators Magrum, Clemens
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.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 37-01 of the North Dakota Century Code is created
and enacted as follows:
National guard - Active duty combat prohibited - Exception.
1.As used in this section:
a."Active duty combat" means performing the following services in the active
federal military service of the United States:
(1)Participating in an armed conflict;
(2)Performing a hazardous service relating to an armed conflict in a foreign
state; or
(3)Performing a duty through an instrumentality of war.
b."Official declaration of war" means an official declaration of war made by the
Congress of the United States pursuant to clause 11 of section 8 of article I of the
Constitution of the United States.
2.The North Dakota national guard may not be released from the state into active duty
combat unless the Congress of the United States has passed an official declaration of
war or has taken an official action pursuant to clause 15 of section 8 of article I of the
Constitution of the United States to explicitly call forth the North Dakota national guard
and any members for the enumerated purposes to expressly execute the laws of the
union, repel an invasion, or suppress an insurrection.
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HOUSE BILL NO. 1315
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23 Sixty-ninth
Legislative Assembly
3.The governor shall take all actions necessary to comply with this section. This section
does not limit the governor from consenting to the deployment of the North Dakota
national guard under title 32 of the United States Code, for defense support for civil
authority missions within the United States and United States territories.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
Page No. 2 25.0015.01000
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