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HB 1074

AN ACT to amend and reenact sections 37-01-03 and 37-01-43 of the North Dakota Century Code, relating to the operation and regulation of the North Dakota national guard.

69th Legislative Assembly (2025-26)

Updates ND law to reference the latest UCMJ and SCRA editions (as of 12/31/2024), aligning state military justice with federal rules; no substantive rights change.

Filed with Secretary Of State 03/14
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Bill Summary · HB 1074

Summary — HB 1074 (North Dakota)

AN ACT to amend and reenact sections 37‑01‑03 and 37‑01‑43 of the North Dakota Century Code (operation and regulation of the North Dakota National Guard)

Purpose / Intent

The bill updates North Dakota statutes to reference more recent federal military law materials by amending two provisions that incorporate federal military justice and servicemembers’ civil‑relief law into state law. The changes align state references with the 2024 editions/versions of those federal authorities.

Key provisions

  • Amends NDCC § 37‑01‑03:
    • Updates the incorporated Articles of the Uniform Code of Military Justice (UCMJ, 10 U.S.C. 801–950) and the Manual for Courts‑Martial reference to the editions in effect on December 31, 2024 (previously referenced earlier editions/dates).
    • Confirms that persons who commit offenses while on military duty status (including state active duty) may be tried by court‑martial even after duty ends, and if convicted, punished under applicable UCMJ provisions and limits.
    • Reiterates the officer’s discretion to refer charges to civil authorities where either military or civilian law could apply.
    • Permits commanders to impose nonjudicial punishment in accordance with Part V of the Manual for Courts‑Martial, noting the service member may not demand trial by court‑martial in that context.
    • States that references to the UCMJ and “military service” include the state’s military service and that state military laws must be construed to conform to relevant federal acts and regulations.
  • Amends NDCC § 37‑01‑43:
    • Updates the incorporated protections of the Servicemembers Civil Relief Act (50 U.S.C. 3901–4043) to the version in effect on December 31, 2024 (previously an earlier date).

Who is affected

  • Members of the North Dakota National Guard (particularly those on state active duty or activated for 30 consecutive days or longer).
  • Commanders, military legal officers, and civilian attorneys handling military justice or servicemembers’ civil‑relief matters.
  • Civil authorities who may receive jurisdiction for offenses that could be tried under either state civil law or military law.

Procedural / timeline notes

  • Introduced by the Government and Veterans Affairs Committee at the request of the Adjutant General.
  • Passed both chambers (House: 93–0; Senate: 47–0).
  • Signed by the Governor and filed with the Secretary of State on March 14, 2025. (Listed as filed with Secretary of State 03/14/2025.)
  • Effect: The act updates statutory cross‑references and is intended to have an alignment/clarifying effect rather than to change the substantive reach of military justice or SCRA protections.

Impact

  • Technical/administrative update to keep state law synchronized with current federal military law and SCRA editions. No substantive expansion or contraction of rights and procedures beyond aligning the statutory reference dates; expected to have minimal fiscal impact.

Compiled from official sources — confirm details with the bill’s official record.

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