2016 North Dakota Century Code Title 37 Military Chapter 37-17.1 Emergency Services
Download as PDF
CHAPTER 37-17.1
EMERGENCY SERVICES
37-17.1-01. Short title.
This chapter must be cited as the North Dakota Disaster Act of 1985.
37-17.1-02. Purposes.
The purposes of this chapter are to:
1. Reduce vulnerability of people and communities of this state to damage, injury, and
loss of life and property resulting from natural or manmade disasters or emergencies,
threats to homeland security, or hostile military or paramilitary action.
2. Provide a setting conducive to the rapid and orderly start of restoration and
rehabilitation of persons and property affected by disasters or emergencies.
3. Clarify the roles of the governor, state agencies, and local governments in prevention
of, in mitigation of, preparation for, response to, and recovery from disasters or
emergencies.
4. Authorize and provide for coordination of emergency management activities by
agencies and officers of this state, and similar state-local, interstate, federal-state, and
foreign activities in which the state and its political subdivisions may participate.
5. Provide for a statewide emergency management system embodying all aspects of
prevention, mitigation, preparedness, response, and recovery and incorporating the
principles of the national incident management system and its incident command
system, as well as other applicable federal mandates.
37-17.1-02.1. Department of emergency services.
The department of emergency services consists of a division of state radio and a division of
homeland security. The adjutant general is the director of the department. The adjutant general
shall provide for shared administration of both divisions. The division of homeland security
consists of the state emergency operations center section, the disaster recovery section, and
the homeland security section. The adjutant general shall appoint a separate director of each
division. A division director serves at the pleasure of the adjutant general. The adjutant general
shall fix the compensation of a division director within limits of legislative appropriation.
37-17.1-02.2. Advisory committee to department of emergency services.
The adjutant general shall create one or more advisory committees to the department of
emergency services. An advisory committee may consist of not more than eleven members
representing local and state interests in the department. Members must be appointed to
four-year staggered terms. An advisory committee shall advise the department regarding
collaboration with political subdivisions, and each member of an advisory committee shall report
to the local interest each member represents concerning recommendations approved by the
committee. Each member of the advisory committee is entitled to be paid sixty-two dollars and
fifty cents per day for time spent in attendance at meetings and is entitled to be reimbursed for
the member's actual and necessary expenses at the rates and in the manner provided by law
for other state officers. The compensation and expenses must be paid out of department
appropriations.
37-17.1-03. Limitations.
Nothing in this chapter may:
1. Interfere with the course or conduct of a labor dispute, except that actions otherwise
authorized by this chapter or other laws may be taken when necessary to forestall or
mitigate imminent or existing danger to public health or safety.
2. Interfere with dissemination of news or comment on public affairs. Any
communications facility or organization, including radio and television stations, wire
services, and newspapers may be required to transmit or print public service
Page No. 1
3.
4.
5.
messages furnishing information or instructions in connection with a disaster or
emergency situation.
Affect the jurisdiction or responsibilities of units of the armed forces of the United
States or of this state, or of any personnel thereof, when on active duty. State and
local emergency operational plans must place reliance upon the forces available for
performance of functions related to disasters or emergencies.
Limit, modify, or abridge the authority of the governor to proclaim martial law, provide
aid or assistance to civil authorities, or exercise any other powers vested in the
governor under the Constitution of North Dakota, or statutes, common law, or
sovereign powers of this state independent of, or in conjunction with, any provisions of
this chapter.
Change or modify the responsibilities of the American National Red Cross as defined
by the Congress of the United States in 36 U.S.C. 300101.
37-17.1-04. Definitions.
As used in this chapter:
1. "Disaster" means the occurrence of widespread or severe damage, injury, or loss of
life or property resulting from any natural or manmade cause, including fire, flood,
earthquake, severe high and low temperatures, tornado storm, wave action, chemical
spill, or other water or air contamination, epidemic, blight, drought, infestation,
explosion, riot, or hostile military or paramilitary action, which is determined by the
governor to require state or state and federal assistance or actions to supplement the
recovery efforts of local governments in alleviating the damage, loss, hardship, or
suffering caused thereby.
2. "Disaster or emergency worker" means any person performing disaster or emergency
responsibilities or duties at any place in this state subject to the order or control of, or
pursuant to a request of, the state government or any political subdivision.
3. "Emergency" means any situation that is determined by the governor to require state
or state and federal response or mitigation actions to immediately supplement local
governments to protect lives and property, to provide for public health and safety, or to
avert or lessen the threat of a disaster.
4. "Emergency management" means a comprehensive integrated system at all levels of
government and in the private sector which provides for the development and
maintenance of an effective capability to prevent, mitigate, prepare for, respond to, and
recover from known and unforeseen hazards or situations, caused by an act of nature
or man, which may threaten, injure, damage, or destroy lives, property, or our
environment.
5. "Homeland security" means a concerted national effort to prevent terrorist attacks
within the United States, reduce America's vulnerability to terrorism, and minimize the
damage and recover from attacks in the United States.
6. "Incident command system" means a standardized on-scene incident management
concept designated specifically to allow responders to adopt an integrated
organizational structure equal to the complexity and demands of any single incident or
multiple incidents without being hindered by jurisdictional boundaries.
7. "Mass care" means food, clothing, shelter, and other necessary and essential
assistance provided to a large number of affected people in response to, or recovery
from, a disaster or emergency.
8. "National incident management system" means a system that provides a consistent
nationwide approach for federal, state, and local governments to work effectively and
efficiently together to prepare for, respond to, and recover from domestic incidents
regardless of cause, size, or complexity.
9. "Wide area search and rescue" means the employment, coordination, and utilization of
available resources and personnel in activities occurring within large geographical
areas for the purpose of locating, relieving distress, and preserving the life of an
individual reported or believed to be lost, stranded, or deemed a high-risk missing
individual, and removing any survivor to a place of safety.
Page No. 2
37-17.1-05. The governor and disasters or emergencies - Penalty.
1. The governor is responsible to minimize or avert the adverse effects of a disaster or
emergency.
2. Under this chapter, the governor may issue executive orders and proclamations, and
amend or rescind them. Executive orders, proclamations, and regulations have the
force of law.
3. A disaster or emergency must be declared by executive order or proclamation of the
governor if the governor determines a disaster has occurred or a state of emergency
exists. The state of disaster or emergency shall continue until the governor determines
that the threat of an emergency has passed or the disaster has been dealt with to the
extent that emergency conditions no longer exist. The legislative assembly by
concurrent resolution may terminate a state of disaster or emergency at any time. All
executive orders or proclamations issued under this subsection must indicate the
nature of the disaster or emergency, the area or areas threatened, the conditions
which have brought it about or which make possible termination of the state of disaster
or emergency. An executive order or proclamation must be disseminated promptly by
means calculated to bring its contents to the attention of the general public, unless the
circumstances attendant upon the disaster or emergency prevent or impede such
dissemination, and it must be promptly filed with the department of emergency
services, the secretary of state, and the county or city auditor of the jurisdictions
affected.
4. An executive order or proclamation of a state of disaster or emergency shall activate
the state and local operational plans applicable to the political subdivision or area in
question and be authority for the deployment and use of any forces to which the plan
or plans apply and for use or distribution of any supplies, equipment, and materials
and facilities assembled, stockpiled, or arranged to be made available pursuant to this
chapter or any other provision of law relating to a disaster or emergency.
5. During the continuance of any state of disaster or emergency declared by the
governor, the governor is commander in chief of the emergency management
organization and of all other forces available for emergency duty. To the greatest
extent practicable, the governor shall delegate or assign command authority by prior
arrangement embodied in appropriate executive orders or emergency operational
plans, but nothing herein restricts the governor's authority to do so by orders issued at
the time of the disaster or emergency.
6. In addition to any other powers conferred upon the governor by law, the governor may:
a. Suspend the provisions of any regulatory statute prescribing the procedures for
conduct of state business, or the orders, rules, or regulations of any state agency,
if strict compliance with the provisions of any statute, order, rule, or regulation
would in any way prevent, hinder, or delay necessary action in managing a
disaster or emergency.
b. Utilize all available resources of the state government as reasonably necessary to
manage the disaster or emergency and of each political subdivision of the state.
c. Transfer the direction, personnel, or functions of state departments and agencies
or units thereof for the purpose of performing or facilitating emergency
management activities.
d. Subject to any applicable requirements for compensation under section
37-17.1-12, commandeer or utilize any private property if the governor finds this
necessary to manage the disaster or emergency.
e. Direct and compel the evacuation of all or part of the population from any stricken
or threatened area within the state if the governor deems this action necessary
for the preservation of life or other disaster or emergency mitigation, response, or
recovery.
f. Prescribe routes, modes of transportation, and destinations in connection with an
evacuation.
g. Control ingress and egress in a designated disaster or emergency area, the
movement of persons within the area, and the occupancy of premises therein.
Page No. 3
h.
7.
8.
Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,
explosives, and combustibles, not including ammunition.
i. Make provision for the availability and use of temporary emergency housing.
j. Make provisions for the control, allocation, and the use of quotas for critical
shortages of fuel or other life and property sustaining commodities.
k. Designate members of the highway patrol, North Dakota national guard, or others
trained in law enforcement, as peace officers.
Any person who willfully violates any provision of an executive order or proclamation
issued by the governor pursuant to this chapter is guilty of an infraction.
Authorize the adjutant general to recall to state active duty, on a volunteer basis,
former members of the North Dakota national guard. Those recalled must possess the
qualifications required by the disaster or emergency. Recall under this subsection is
effective only for the duration of the disaster or emergency and recalled personnel will
be released from state active duty upon competent authority that the requirement of
their service under this subsection has passed. Compensation for personnel recalled
under this subsection will be based upon section 37-07-05.
37-17.1-06. State division of homeland security.
1. The division of homeland security must have professional, technical, secretarial, and
clerical employees as necessary for the performance of its functions. The director of
the division shall fix the compensation of the staff in conformity with state merit system
regulations and may make such expenditures within the appropriations therefor, or
from other funds made available to the director for purposes of emergency
management, as may be necessary to carry out the purposes of this chapter.
2. The division of homeland security shall prepare and maintain a state disaster plan and
keep it current, which plan may include provisions for:
a. Averting or minimizing the injury and damage caused by disasters or
emergencies.
b. Prompt and effective response to a disaster or emergency.
c. Emergency relief.
d. Identification of areas particularly vulnerable to a disaster or emergency.
e. Recommendations for zoning, building, and other land use controls, safety
measures for securing mobile homes or other nonpermanent or semipermanent
structures, and other mitigation and preparedness measures.
f. Assistance to local officials in developing and maintaining local and regional
emergency management systems.
g. Authorization and procedures for the erection or other construction of temporary
works designed to protect against or mitigate danger, damage, or loss from any
disaster or emergency.
h. Preparation and distribution of emergency management assistance program
guidance to the appropriate state and local officials.
i. Organization of manpower and chains of command.
j. Coordination of federal, state, regional, and local emergency management
activities.
k. Coordination of state disaster or emergency operations plans with the disaster or
emergency plans of the federal government.
l. Other necessary matters.
3. The division of homeland security shall provide technical assistance for the
development and revision of local and regional disaster or emergency operations
plans prepared under section 37-17.1-07.
4. In preparing and revising state disaster or emergency plans, the division of homeland
security shall seek the advice and assistance of local government, business, labor,
industry, agriculture, civic, and volunteer organizations and community leaders. In
advising local and regional emergency management organizations, the division shall
encourage them also to seek advice from these sources.
Page No. 4
5.
6.
7.
State disaster or emergency plans or any parts thereof have the force of law upon
implementation by the governor.
The division of homeland security, in coordination with lead and support agencies,
shall:
a. Coordinate the procurement of supplies, materials, and equipment during disaster
or emergency operations.
b. Provide guidance and standards for local and regional disaster or emergency
operational plans.
c. Periodically review local and regional disaster or emergency operational plans.
d. Coordinate state or state and federal assistance to local and regional emergency
management organizations.
e. Establish and operate or assist local and regional emergency management
organizations to establish and operate training programs and programs for
emergency public information.
f. Make surveys of industries, resources, and facilities, within the state, both public
and private, as are necessary to carry out the purposes of this chapter. The use
of sensitive and proprietary logistical data submitted to the state in confidence by
individual industries and suppliers must be accorded full confidentiality and will be
released only in aggregate form.
g. Plan and make arrangements for the availability and use of any private facilities,
services, and property, and, if necessary and if in fact used, coordinate payment
for that use under terms and conditions agreed upon.
h. Establish access to a register of persons with types of training and skills
important in prevention, mitigation, preparedness, response, and recovery.
i. Establish access to a register of equipment and facilities available for use in a
disaster or emergency.
j. Prepare, for issuance by the governor, executive orders, proclamations, and
guidance as necessary or appropriate in managing a disaster or emergency.
k. Coordinate and may enter agreements with the federal government and any
public or private agency or entity in achieving any purpose of this chapter and in
implementing programs for disaster mitigation, preparation, response, and
recovery.
l. Be the state search and rescue coordinating agency, establish access to a
register of search and rescue equipment and personnel in the state, and plan for
its effective utilization.
m. Do other things necessary, incidental, or appropriate for the implementation of
this chapter.
The division of homeland security shall serve as a central information dissemination
point and repository for initial notification information for spills and discharges in the
state for hazardous chemicals as defined in section 37-17.1-07.1, oil, gas, and
saltwater. The division shall develop processes to ensure proper state and federal
agencies that have oversight responsibilities are promptly notified. The division shall
also provide notice to local emergency management officials within a time that is
consistent with the level of emergency.
37-17.1-07. Local or regional emergency management organizations.
1. All areas of the state are within the jurisdiction of and must be served by the division of
homeland security and by a local or regional emergency management organization.
2. Each county shall maintain an emergency management organization that serves the
entire county or must be a member of a regional emergency management organization
that serves more than one county.
3. Each city shall provide an emergency management organization of its own, or it shall
participate in the countywide emergency management organization. Each governing
board of a city shall make its determination on the basis of the city's emergency
management requirements, hazards, capabilities, and resources. If a city provides an
Page No. 5
4.
5.
6.
emergency management organization of its own, the city and county shall coordinate
the city and county emergency plans.
The mayor of or the president of the board of city commissioners in a city with an
emergency management organization and the chairman of the board of county
commissioners shall notify the division of homeland security of the manner in which
the city and the county are providing or securing emergency management activities,
identify each individual who will coordinate the activities of the local emergency
management organization, and furnish additional information relating thereto as the
division requires.
Each local or regional emergency management organization shall prepare and keep
current a local disaster or emergency operational plan for its area.
Each local or regional emergency management organization shall prepare and
distribute to all appropriate officials in written form a clear and complete statement of
the disaster or emergency responsibilities of their local agencies and officials.
37-17.1-07.1. Hazardous chemicals preparedness and response program.
1. Program components.
a. The governor shall appoint members of the state emergency response
commission to carry out the commission's responsibilities as outlined in Public
Law 99-499, 42 U.S.C. 11001, et seq., also referred to as SARA title III, and the
responsibilities of the commission members as outlined in the North Dakota
emergency operations plan.
b. In conjunction with the state emergency response commission, the local
emergency planning committees, as appointed by the boards of county
commissioners, and the local emergency management organizations shall
coordinate the development and maintenance of a state hazardous chemicals
preparedness and response program.
c. The director of the division of homeland security shall serve as the chairman of
the state emergency response commission. In the absence of the chairman, the
designated vice chairman shall serve as chairman. The state emergency
response commission by vote will select the vice chairman to fulfill a two-year
term. The chairman shall recognize the assignment of representatives to the
commission who are designated through a delegation of authority by a member.
The chairman shall designate a commission secretary, solely for the purpose of
documenting and distributing clerical proceedings, from the staff of the division of
homeland security.
d. For the purpose of complying with the reporting requirements set forth in
sections 302, 304, 311, 312, and 313 of Public Law 99-499, 42 U.S.C. 11001,
et seq., also referred to as SARA title III, the owner and operator of any facility, as
defined in SARA title III, shall submit those reports to the North Dakota division of
homeland security as required by SARA title III, which shall establish and
maintain the state repository for these reports.
e. For purposes of monitoring, determining if emergency response may be required,
and notifying local officials, owners and operators or responsible parties shall
report all spills or discharges to the appropriate state agency as required by law.
The report must include the name of the reporting party, including phone number
and address; date; time of release; location of release; containment status;
waterways involved; and immediate potential threat. If the release occurs or
travels offsite from a facility, the owner and operator or responsible party shall
notify the surface owner within a reasonable time. State agencies that receive
direct reports of spills or discharges shall provide the report information to the
division within a time that is consistent with potential level of response needed.
2. Establishment of funds.
a. There is created in the state treasury a nonlapsing restricted account to be known
as a state hazardous chemicals preparedness and response fund. The fund
consists of revenue collected from the state hazardous chemical fee system and
Page No. 6
b.
c.
d.
e.
f.
g.
3.
a.
b.
funds appropriated by the legislative assembly. Moneys in the fund shall be
appropriated biennially to the division of homeland security for carrying out the
purposes, goals, and objectives of SARA title III, and the state hazardous
chemicals preparedness and response program.
The county treasurer of each county shall establish a nonlapsing restricted
account, to be known as the county hazardous chemicals preparedness and
response account. The county hazardous chemicals preparedness and response
account consists of revenue from the state hazardous chemicals fee system,
county, federal or state funds, grants, and any private donations provided to
finance the county hazardous chemicals preparedness and response program.
Each owner and operator of a facility, as defined in SARA title III, shall pay an
annual hazardous chemicals fee to the division of homeland security by March
first of each year. The fee is twenty-five dollars for each chemical within the
meaning of 40 CFR 355.20 or its successor which is required under section 312
of SARA title III, to be listed on the hazardous chemical inventory form (tier II)
which the owner or operator must submit to the division. The federal
requirements must be used for completing the tier II form, including the threshold
amounts, as outlined in 40 CFR 370.20. The maximum fee for a facility under this
section is four hundred seventy-five dollars. The division of homeland security
shall transfer to the county hazardous chemicals preparedness and response
account one-half of the funds collected from the state's hazardous chemicals fee
system.
The owners or operators of family farm enterprises that are not engaged in the
retail or wholesale of hazardous chemicals and facilities owned by the state or
local governments are exempt from the fee under subdivision c. For purposes of
this section, the terms "family farm" and "farmer" have the same meaning as set
forth in section 6-09.11-01.
The state and county governments are authorized to accept and may deposit
grants, gifts, and federal funds into the hazardous chemicals preparedness and
response fund and accounts for the purpose of carrying out the hazardous
chemicals preparedness and response programs to include training, exercising,
equipment, response, and salaries.
"Hazardous chemical" means as defined in 40 CFR 355.20 and 29 CFR
1910.1200.
The state hazardous chemicals fee system does not supersede a city fee system
for hazardous chemicals.
A person who causes a release, as defined in 40 CFR 355.20, of a hazardous
chemical in excess of the reportable quantity of that chemical, as defined in
40 CFR 355.20, is liable for the response costs incurred by state or local
hazardous chemical response personnel. The state agency, local agency,
volunteer organization, or hazardous chemical response personnel, as identified
in the state or local emergency operations plan, which undertakes a response
action may recover those response costs in an action brought before a court of
competent jurisdiction. If more than one jurisdiction, organization, or agency
incurs response costs for the same hazardous chemical release or incident, those
hazardous chemical response jurisdictions, agencies, organizations, or personnel
may file a joint action and may designate one entity to represent the others in the
action.
In the action to recover reasonable and necessary response costs, state
agencies, local agencies, or volunteer organizations may include operational,
administrative, personnel, and legal costs incurred from its initial response action
up to the time that it recovers its cost. Reasonable and necessary costs are those
additional costs incurred that are a result of the responsible party's failure or
inability to implement or initiate the necessary actions to protect life, property, and
the environment.
Page No. 7
4.
5.
a.
A person who violates any of the reporting, planning, or notification requirements
outlined in the provisions of the Emergency Planning and Community
Right-to-Know Act of 1986 [title III of Public Law 99-499, 42 U.S.C. 11001
et seq.], or fails to pay a state hazardous chemicals fee is subject to a civil fine of
not more than fifteen thousand dollars for each separate offense. For purposes of
this subdivision, each day of continued violation constitutes a separate offense.
All civil fines collected under this subdivision must be deposited in the state
general fund. The state and its political subdivisions and employees of the state
or a political subdivision acting within the scope of their employment are not
subject to the civil fines established in this subdivision.
b. Any person who knowingly falsifies information or who intentionally obstructs or
impairs, by force, violence, physical interference, or obstacle, a representative of
state or local government or state or local hazardous chemicals response
personnel attempting to perform duties and functions in state or local emergency
operations plans or complying with Public Law 99-499, SARA title III, is guilty of a
class B misdemeanor. The state and its political subdivisions and employees of
the state or a political subdivision acting within the scope of their employment are
not subject to the penalty established in this subdivision.
If the director of the division of homeland security determines that a violation of this
chapter has occurred, the director shall make all evidence available to the attorney
general for use in any remedial action the attorney general's office determines
appropriate, including injunctive relief. Nothing in this section may be construed to
deny use of the remedies authorized under chapter 32-40.
37-17.1-08. Establishment of interjurisdictional disaster planning and service areas.
Repealed by S.L. 1985, ch. 398, § 22.
37-17.1-09. Authority to utilize existing services and facilities.
In carrying out the provisions of this chapter, the governor and the executive officers or
governing bodies of the counties and cities of the state are directed to utilize the services,
equipment, supplies, and facilities of existing departments, offices, and agencies of the state
and of the counties and cities thereof to the maximum extent practicable, and the officers and
personnel of all such departments, offices, and agencies are required and directed to cooperate
with and extend such reasonable services and facilities to the governor and to the emergency
management organizations upon request.
37-17.1-10. Local disasters, mandatory evacuations, or emergencies.
1. Unless so declared in accordance with the provisions of subsection 4 of section
37-17.1-05, a local disaster, emergency, or mandatory evacuation order may be
declared only by the principal executive officer of the county or city. It may not be
continued or renewed for a period in excess of seven days except by or with the
consent of the governing board of the county or city. Any order or proclamation
declaring a local disaster, emergency, or mandatory evacuation must be given prompt
and general publicity and must be filed promptly with the county or city auditor.
2. The effect of a declaration of a local disaster or emergency is to activate the response
and recovery aspects of any and all applicable local disaster or emergency operational
plans and to authorize the furnishing of aid and assistance thereunder.
37-17.1-10.1. Burn ban - Penalty.
An order or proclamation under section 37-17.1-10 which includes a ban on open burning
may provide for a penalty for a violation of the ban through a citation, a criminal complaint, or an
information through the district court in the county in which the offense occurred. An individual
who willfully violates a burning ban established by a local order or proclamation under this
section is guilty of a class B misdemeanor.
Page No. 8
37-17.1-11. Disaster or emergency mitigation.
1. In addition to disaster or emergency mitigation measures as included in the state and
local disaster or emergency operational plans, the governor shall consider, on a
continuing basis, steps that could be taken to mitigate or reduce the harmful
consequences of disasters or emergencies. At the governor's direction, and pursuant
to any other authority and capability they have, state agencies charged with
responsibilities in connection with floodplain management, stream encroachment and
flow regulation, weather modification, fire prevention and control, air quality, public
works, land use and land use planning, and construction standards, shall make studies
of disaster or emergency mitigation-related matters. The governor, from time to time,
shall make recommendations to the legislative assembly, local governments, and other
appropriate public and private entities as may facilitate measures for mitigation or
reduction of the harmful consequences of disasters or emergencies.
2. The North Dakota state engineer and the water commission, in conjunction with the
division of homeland security, shall keep land uses and construction of structures and
other facilities under continuing study and identify areas which are particularly
susceptible to severe land shifting, subsidence, flood, or other catastrophic
occurrence. The studies under this subsection must concentrate on means of reducing
or avoiding the dangers caused by this occurrence or the consequences thereof.
3. If the division of homeland security determines, in coordination with lead and support
agencies, on the basis of the studies or other competent evidence, that an area is
susceptible to a disaster of catastrophic proportions without adequate warning;
existing building standards and land use controls in that area are inadequate and
could add substantially to the magnitude of the disaster or emergency; and changes in
zoning regulations, other land use regulations, or building requirements are needed in
order to further the purposes of this section, it shall specify the essential changes to
the governor. If the governor, upon review of the determination, finds after public
hearing, that the changes are essential, the governor shall so recommend to the
agencies or local governments with jurisdiction over that area and subject matter. If no
action or insufficient action pursuant to the governor's recommendations is taken
within the time specified by the governor, the governor shall so inform the legislative
assembly and request legislative action appropriate to mitigate the impact of the
disaster or emergency.
4. The governor, at the same time that the governor makes recommendations pursuant
to subsection 3, may suspend the standard or control which the governor finds to be
inadequate to protect the public safety and by regulation place a new standard or
control in effect. The new standard or control remains in effect until rejected by
concurrent resolution of both houses of the legislative assembly or amended by the
governor. During the time it is in effect, the standard or control contained in the
governor's regulation must be administered and given full effect by all relevant
regulatory agencies of the state and local governments to which it applies. The
governor's action is subject to judicial review in accordance with chapter 28-32 but is
not subject to temporary stay pending litigation.
37-17.1-12. Compensation - Entitlement - Time - Amount.
1. Persons within this state shall conduct themselves and keep and manage their affairs
and property in ways that will reasonably assist and will not unreasonably detract from
the ability of the state and the public to effectively prevent, mitigate, prepare for,
respond to, and recover from a disaster or emergency. This obligation includes
appropriate personal service and use or restriction on the use of property in time of
disaster or emergency. This chapter neither increases nor decreases these obligations
but recognizes their existence under the Constitution of North Dakota and statutes of
this state and the common law. Compensation for services or for the taking or use of
property must be only to the extent that obligations recognized herein are exceeded in
a particular case and then only to the extent that the claimant may not be deemed to
have volunteered that person's services or property without compensation.
Page No. 9
2.
3.
4.
5.
6.
Personal services may not be compensated by the state or any county or city thereof,
except pursuant to statute or local law or ordinance.
Compensation for property may be paid if the property was commandeered or
otherwise used in management of a disaster or emergency declared under proper
authority to the extent not otherwise waived or agreed upon before the use of property.
A claim made against a county or city must be made in writing to the appropriate
governing body within two years after the use, damage, loss, or destruction of the
property under proper authority is discovered or reasonably should have been
discovered, may only be for actual damages not recovered from claimants' property or
other applicable insurance, and may be paid from any combination of funds provided
under section 40-22-01.1, disaster relief funds made available to a county or city for
this purpose, or other funds at the discretion of the governing body. A city or county
may establish reasonable provisions for the payment of compensation.
Any person claiming compensation for the use, damage, loss, or destruction of
property by the state under this chapter shall file a written claim therefor with the office
of management and budget in the form and manner required by the office. The claim
for compensation must be received by the office of management and budget within
two years after the use, damage, loss, or destruction of the property pursuant to the
governor's order under section 37-17.1-05 is discovered or reasonably should have
been discovered or compensation under this chapter is waived.
Unless the amount of compensation on account of property damaged, lost, or
destroyed is agreed between the claimant and the office of management and budget,
the amount of compensation must be calculated in the same manner as compensation
due for a taking of property pursuant to the condemnation laws of this state.
37-17.1-13. Communications.
The department of emergency services shall ascertain what means exist for rapid and
efficient communications in times of a disaster or emergency. The department shall consider the
desirability of supplementing these communications resources or of integrating them into a
comprehensive state or state and federal telecommunications or other communications system
or network, including the military installations. In studying the character and feasibility of any
system or its several parts, the department shall evaluate the possibility of multipurpose use
thereof for general state and local governmental purposes. The department shall make
recommendations to the governor as appropriate.
37-17.1-14. Mutual aid.
1. Counties and cities must be encouraged and assisted by the division of homeland
security to conclude suitable arrangements for furnishing mutual aid in emergency
management. The arrangements must include provision of aid by persons and units in
public employ.
2. In review of local disaster or emergency plans, the division of homeland security shall
consider whether they contain adequate provisions for the rendering and receipt of
mutual aid.
37-17.1-14.1. Mutual aid - Cooperation.
1. The division of homeland security shall encourage and assist political subdivisions to
enter mutual aid agreements with other public and private agencies within the state for
reciprocal aid and assistance in responding to and recovering from actual and
potential disasters or emergencies.
2. In reviewing emergency operations plans and programs of political subdivisions, the
division of homeland security shall consider whether the plans and programs contain
adequate provisions for mutual aid.
3. Local emergency management organizations may assist in negotiation of mutual aid
agreements between the governor and an adjoining state or province or a political
Page No. 10
subdivision of a province and shall carry out arrangements of any such agreements
relating to the local political subdivision.
37-17.1-14.2. Interstate mutual aid agreements.
1. This state may enter into an interstate mutual aid agreement or compact with any state
that has enacted or shall enact the compact substantially in the form contained in
section 37-17.1-14.5.
2. The governor may enter into an interstate agreement with any state if the governor
finds that joint action with that state is desirable in meeting common intergovernmental
problems of emergency or disaster prevention, preparedness, mitigation, response,
and recovery.
3. The governor may deny the request of a requesting state as the governor determines
necessary.
4. All interstate mutual aid compacts and other interstate agreements to which this state
is a party dealing with disaster or emergency prevention, preparedness, response,
recovery, or mitigation must be reviewed and made current every four years.
5. If a person holds a license, certificate, or other permit issued by any state or political
subdivision evidencing the meeting of qualifications for professional, mechanical, or
other skills, the person may render aid involving that skill in this state to meet an
emergency or disaster, and this state shall give due recognition to the license,
certificate, or other permit.
6. When considered of mutual benefit, the governor may, subject to the limitations of law,
enter into intergovernmental arrangements with neighboring provinces of Canada for
the purpose of exchanging disaster or emergency resources.
37-17.1-14.3. Authority to join interstate mutual aid agreements - Interstate compacts.
1. The governor, in the name of the state, may join with other states in the interstate
mutual aid agreement or compact.
2. The governor may negotiate and execute such supplemental agreements as may be
necessary and proper to fully carry out the terms and provisions of the interstate
mutual aid agreement or compact as set forth in section 37-17.1-14.5.
3. Local emergency management organizations may enter interstate mutual aid
agreements with nearby political subdivisions or public response entities. Such
agreements are valid once filed with the department of emergency services.
37-17.1-14.4. Text of the mutual aid agreement or compact.
Repealed by S.L. 1997, ch. 315, § 5.
37-17.1-14.5. Text of the mutual aid agreement or compact.
The interstate mutual aid agreement or compact referred to in sections 37-17.1-14.2 and
37-17.1-14.3 reads as follows:
INTERSTATE MUTUAL AID AGREEMENT OR COMPACT
ARTICLE I - PURPOSE AND AUTHORITIES
This compact is made and entered into by and between the participating member states
which enact this compact, hereinafter called party states. For the purposes of this agreement,
the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the
District of Columbia, and all United States territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states entering
into this compact in managing any emergency or disaster that is duly declared by the governor
of the affected state, whether arising from natural disaster, technological hazard, manmade
disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or
enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises,
testing, or other training activities using equipment and personnel simulating performance of any
aspect of the giving and receiving of aid by party states or subdivisions of party states during
Page No. 11
emergencies, such actions occurring outside actual declared emergency periods. Mutual
assistance in this compact may include the use of the states' national guard forces, either in
accordance with the national guard mutual assistance compact or by mutual agreement
between states.
ARTICLE II - GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes many emergencies transcend
political jurisdictional boundaries and that intergovernmental coordination is essential in
managing these and other emergencies under this compact. Each state further recognizes that
there will be emergencies which require immediate access and present procedures to apply
outside resources to make a prompt and effective response to such an emergency. This is
because few, if any, individual states have all the resources they may need in all types of
emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the participating states, including
any resources on hand or available from the federal government or any other source, that are
essential to the safety, care, and welfare of the people in the event of any emergency or disaster
declared by a party state, shall be the underlying principle on which all articles of this compact
shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated
state official who is assigned responsibility for emergency management will be responsible for
formulation of the appropriate interstate mutual aid plans and procedures necessary to
implement this compact.
ARTICLE III - PARTY STATE RESPONSIBILITIES
1. It shall be the responsibility of each party state to formulate procedural plans and
programs for interstate cooperation in the performance of the responsibilities listed in
this article. In formulating such plans, and in carrying them out, the party states,
insofar as practical, shall:
a. Review individual state hazards analyses and, to the extent reasonably possible,
determine all those potential emergencies the party states might jointly suffer,
whether due to natural disaster, technological hazard, manmade disaster,
emergency aspects of resource shortages, civil disorders, insurgency, or enemy
attack.
b. Review party states' individual emergency plans and develop a plan which will
determine the mechanism for the interstate management and provision of
assistance concerning any potential emergency.
c. Develop interstate procedures to fill any identified gaps and to resolve any
identified inconsistencies or overlaps in existing or developed plans.
d. Assist in warning communities adjacent to or crossing the state boundaries.
e. Protect and assure uninterrupted delivery of services, medicines, water, food,
energy and fuel, search and rescue, and critical lifeline equipment, services, and
resources, both human and material.
f. Inventory and set procedures for the interstate loan and delivery of human and
material resources, together with procedures for reimbursement or forgiveness.
g. Provide, to the extent authorized by law, for temporary suspension of any statutes
or ordinances that restrict the implementation of the above responsibilities.
2. The authorized representative of a party state may request assistance of another party
state by contacting the authorized representative of that state. The provisions of this
agreement shall only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal, the request shall be
confirmed in writing within thirty days of the verbal request. Requests shall provide the
following information:
a. A description of the emergency service function for which assistance is needed,
such as, but not limited to, fire services, law enforcement, emergency medical,
transportation, communications, public works and engineering, building
inspection, planning and information assistance, mass care, resource support,
health and medical services, and search and rescue.
Page No. 12
b.
The amount and type of personnel, equipment, materials and supplies needed,
and a reasonable estimate of the length of time they will be needed.
c. The specific place and time for staging of the assisting party's response and a
point of contact at that location.
3. There shall be frequent consultation between state officials who have assigned
emergency management responsibilities and other appropriate representatives of the
party states with affected jurisdictions and the United States government, with free
exchange of information, plans, and resource records relating to emergency
capabilities.
ARTICLE IV - LIMITATIONS
Any party state requested to render mutual aid or conduct exercises and training for mutual
aid shall take such action as is necessary to provide and make available the resources covered
by this compact in accordance with the terms hereof; provided that it is understood that the state
rendering aid may withhold resources to the extent necessary to provide reasonable protection
for such state.
Each party state shall afford to the emergency forces of any party state, while operating
within its state limits under the terms and conditions of this compact, the same powers (except
that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges
as are afforded forces of the state in which they are performing emergency services.
Emergency forces will continue under the command and control of their regular leaders, but the
organizational units will come under the operational control of the emergency services
authorities of the state receiving assistance. These conditions may be activated, as needed,
only subsequent to a declaration of a state of emergency or disaster by the governor of the
party state that is to receive assistance or commencement of exercises or training for mutual aid
and shall continue so long as the exercises or training for mutual aid are in progress, the state
of emergency or disaster remains in effect, or loaned resources remain in the receiving state,
whichever is longer.
ARTICLE V - LICENSES AND PERMITS
Whenever any person holds a license, certificate, or other permit issued by any state party
to the compact evidencing the meeting of qualifications for professional, mechanical, or other
skills, and when such assistance is requested by the receiving party state, such person shall be
deemed licensed, certified, or permitted by the state requesting assistance to render aid
involving such skill to meet a declared emergency or disaster, subject to such limitations and
conditions as the governor of the requesting state may prescribe by executive order or
otherwise.
ARTICLE VI - LIABILITY
Officers or employees of a party state rendering aid in another state pursuant to this
compact shall be considered agents of the requesting state for tort liability and immunity
purposes; and no party state or its officers or employees rendering aid in another state pursuant
to this compact shall be liable on account of any act or omission in good faith on the part of such
forces while so engaged or on account of the maintenance or use of any equipment or supplies
in connection therewith. Good faith in this article shall not include willful misconduct, gross
negligence, or recklessness.
ARTICLE VII - SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among
two or more states may differ from that among the states that are party hereto, this instrument
contains elements of a broad base common to all states, and nothing herein contained shall
preclude any state from entering into supplementary agreements with another state or affect
any other agreements already in force between states. Supplementary agreements may
comprehend, but shall not be limited to, provisions for evacuation and reception of injured and
other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare,
transportation and communications personnel, and equipment and supplies.
ARTICLE VIII - COMPENSATION
Each party state shall provide for the payment of compensation and death benefits to
injured members of the emergency forces of that state and representatives of deceased
members of such forces in case such members sustain injuries or are killed while rendering aid
Page No. 13
pursuant to this compact, in the same manner and on the same terms as if the injury or death
were sustained within their own state.
ARTICLE IX - REIMBURSEMENT
Any party state rendering aid in another state pursuant to this compact shall be reimbursed
by the party state receiving such aid for any loss or damage to or expenses incurred in the
operation of any equipment and the provision of any service in answering a request for aid and
for the costs incurred in connection with such requests; provided that any aiding party state may
assume in whole or in part such loss, damage, expense, or other cost, or may loan such
equipment or donate such services to the receiving party state without charge or cost; and
provided further that any two or more party states may enter into supplementary agreements
establishing a different allocation of costs among those states. Article VIII expenses shall not be
reimbursable under this provision.
ARTICLE X - EVACUATION
Plans for the orderly evacuation and interstate reception of portions of the civilian population
as the result of any emergency or disaster of sufficient proportions to so warrant, shall be
worked out and maintained between the party states and the emergency management/services
directors of the various jurisdictions where any type of incident requiring evacuations might
occur. Such plans shall be put into effect by request of the state from which evacuees come and
shall include the manner of transporting such evacuees, the number of evacuees to be received
in different areas, the manner in which food, clothing, housing, and medical care will be
provided, the registration of the evacuees, the providing of facilities for the notification of
relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of
additional materials, supplies, and all other relevant factors. Such plans shall provide that the
party state receiving evacuees and the party state from which the evacuees come shall mutually
agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such
evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and
like items. Such expenditures shall be reimbursed as agreed by the party state from which the
evacuees come. After the termination of the emergency or disaster, the party state from which
the evacuees come shall assume the responsibility for the ultimate support of repatriation of
such evacuees.
ARTICLE XI - IMPLEMENTATION
1. This compact shall become operative immediately upon its enactment into law by any
two states; thereafter, this compact shall become effective as to any other state upon
its enactment by such state.
2. Any party state may withdraw from this compact by enacting a statute repealing the
same, but no such withdrawal shall take effect until thirty days after the governor of the
withdrawing state has given notice in writing of such withdrawal to the governors of all
other party states. Such action shall not relieve the withdrawing state from obligations
assumed hereunder prior to the effective date of withdrawal.
3. Duly authenticated copies of this compact and of such supplementary agreements as
may be entered into shall, at the time of their approval, be deposited with each of the
party states and with the federal emergency management agency and other
appropriate agencies of the United States government.
ARTICLE XII - VALIDITY
This Act shall be construed to effectuate the purposes stated in article I hereof. If any
provision of this compact is declared unconstitutional, or the applicability thereof to any person
or circumstances is held invalid, the constitutionality of the remainder of this Act and the
applicability thereof to other persons and circumstances shall not be affected thereby.
ARTICLE XIII - ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or permit the use of military force by the national
guard of a state at any place outside that state in any emergency for which the president is
authorized by law to call into federal service the militia, or for any purpose for which the use of
the army or the air force would in the absence of express statutory authorization be prohibited
under section 1385 of title 18, United States Code.
Page No. 14
37-17.1-15. Weather modification.
The division of homeland security shall keep continuously apprised of weather conditions
which present danger of precipitation or other climatic activity severe enough to constitute a
disaster. If the division determines that precipitation resulting from weather modification
operations, either by itself or in conjunction with other precipitation or climatic conditions or
activity, would create or contribute to the severity of a disaster, the division shall direct the officer
or agency empowered to issue permits for weather modification operations to suspend the
issuance of the permits. No permits may be issued until the division informs the officer or
agency that the danger has passed.
37-17.1-16. Immunity and exemption.
1. All functions hereunder and all other activities relating to emergency management are
hereby declared to be governmental functions. The state, a county or city, any disaster
or emergency worker, an employee of a federal agency on loan or leave to the state in
support of emergency service response whether the emergency is declared or
undeclared, or any other person providing goods or services during an emergency if
the person is working in coordination with and under the direction of an appropriate
governmental emergency or disaster response entity, complying with or reasonably
attempting to comply with this chapter, or any executive order or disaster or
emergency operational plan pursuant to this chapter, or pursuant to any ordinance
relating to any precautionary measures enacted by any county or city of the state,
except in case of willful misconduct, gross negligence, or bad faith, is not liable for the
death of or injury to persons, or for damage to property except as compensation may
be provided in section 37-17.1-12, as a result of any such activity. This section does
not affect the right of any person to receive benefits to which that person would
otherwise be entitled under this chapter, or under workforce safety and insurance law,
or under any pension law, nor the right of any such person to receive any benefits or
compensation under any Act of Congress.
2. Any requirement for a license to practice any professional, mechanical, or other skill
does not apply to any authorized disaster or emergency worker who, in the course of
performing the worker's duties, practices the professional, mechanical, or other skill
during a disaster or emergency.
3. This section does not affect any other provision of law that may provide immunity to a
person that is providing volunteer assistance.
37-17.1-17. No private liability.
Any person owning or controlling real estate or other premises who voluntarily and without
compensation grants a license or privilege, or otherwise permits the designation or use of the
whole or any part or parts of such real estate or premises for the purpose of emergency
management activities during an actual, impending, mock or practice disaster or emergency, is,
together with their successors in interest, if any, not civilly liable, except in the case of gross
negligence or willful and malicious failure to guard or warn against a dangerous condition, use,
structure, or activity, for causing the death of, or injury to, any person on or about such real
estate or premises or for loss of, or damage to, the property of such person.
37-17.1-18. Appropriations and authority to accept services, gifts, grants, and loans.
1. Each county or city has the power to make appropriations in the manner provided by
law for making appropriations for the ordinary expenses of such county or city for the
payment of expenses of its local emergency management organization.
2. Whenever the federal government or any agency or officer thereof or any person, firm,
corporation, or limited liability company offers to the state, or through the state to any
county or city thereof, services, equipment, supplies, materials, or funds by way of gift,
grant, or loan, for purposes of emergency management, the state, acting through the
governor or the emergency management director, or such county or city, acting
through its executive officer or governing body, may accept such offer and may
Page No. 15
authorize any officer of the state, county, or city, as the case may be, to receive such
services, equipment, supplies, materials, or funds on behalf of the state or such county
or city, and subject to the terms of the offer and the rules and regulations, if any, of the
agency making the offer.
37-17.1-18.1. Crisis relocation plans - Public expenditures prohibited.
The expenditure of or authorization for an expenditure by any official or employee of the
state or any political subdivision of the state of any funds, whether derived from the state,
federal government, or any other source, for the purpose of planning, developing, or
implementing any type of crisis relocation program or plan, the primary purpose of which is to
effect a mass evacuation of this state's civilian population in the event of the threat of nuclear
war, is prohibited. This section does not prohibit the use of state, federal, or other funds for other
disaster planning needs and activities as authorized by law.
37-17.1-19. Temporary housing for disaster victims and site acquisition and
preparation.
The governor is authorized to enter into such agreements and execute such assurances on
behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster
or emergency, a program of temporary housing for disaster victims adversely affected by a
disaster or emergency. The governor is authorized:
1. To receive temporary housing units to be occupied by disaster or emergency victims
from any agency of the United States and to make such units available to any county
or city of the state.
2. To assist any county or city of this state which is the site of temporary housing for
disaster or emergency victims, to acquire and to prepare sites necessary for such
temporary housing, and to "pass through" funds made available by any agency, public
or private.
Any county or city of this state is expressly authorized to acquire, temporarily or
permanently, by purchase, lease, or otherwise, sites required for installation of temporary
housing units for disaster or emergency victims and to enter into whatever arrangements,
including purchase of temporary housing units and payment of transportation charges, which
are necessary to prepare or equip such sites to utilize the housing units.
The governor shall establish guidelines necessary to carry out the purposes of sections
37-17.1-19, 37-17.1-20, and 37-17.1-21.
37-17.1-20. Community disaster loans.
The governor is authorized to enter into such agreements and execute such assurances on
behalf of the state of North Dakota as may be necessary to establish, in the event of a
presidentially declared "major disaster", a program of community disaster loans in those cases
when communities are unable to meet or provide for their essential governmental functions.
Upon the governor's determination that a local government of the state will suffer a substantial
loss of tax and other revenues from a disaster and has demonstrated a need for financial
assistance to perform its governmental functions, the governor may apply to the federal
government, on behalf of the local government, for a loan and receive and disburse the
proceeds of any approved loan to any applicant local government.
The governor may:
1. Determine the amount needed by any applicant local government to restore or resume
its governmental functions and certify the same to the federal government. No
application amount may exceed twenty-five percent of the annual operating budget of
the applicant for the fiscal year in which the disaster occurs.
2. Recommend to the federal government, based upon the governor's review, the
cancellation of all or any part of repayment when, within three fiscal years following the
disaster, the revenues of the local government are insufficient to meet its operating
expenses, including additional disaster-related expenses of a county or city.
Page No. 16
37-17.1-21. Debris and wreckage removal in disasters or emergencies.
The governor is authorized to enter into such agreements and execute such assurances on
behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster
or emergency, a program of debris and wreckage removal caused by a disaster. The governor is
authorized:
1. Notwithstanding any other provision of law, through the use of state departments or
agencies, or the use of any of the state's instrumentalities, to clear or remove from
publicly or privately owned land or water, debris and wreckage which may threaten
public health or safety, or threaten public or private property, in any disaster or
emergency declared by the governor.
2. To accept funds from the federal government and utilize such funds to make grants to
any local government for the purpose of removing debris or wreckage from publicly or
privately owned land or water.
Authority under sections 37-17.1-19, 37-17.1-20, and 37-17.1-21 may not be exercised,
except upon state-owned lands, unless the affected local government, corporation, limited
liability company, organization, or individual first presents an unconditional authorization for
removal of such debris or wreckage from public and private property and, in the case of removal
of debris or wreckage from private property, first agrees to indemnify the state government
against any claim arising from such removal.
Whenever the governor provides for clearance of debris or wreckage pursuant to
subsection 1 or 2, employees of the designated state agencies or individuals appointed by the
state are authorized to enter upon private land or waters and perform any tasks necessary to
the removal or clearance operation.
Except in cases of willful misconduct, gross negligence, or bad faith, any state employee or
agent complying with orders of the governor and performing duties pursuant thereto under
sections 37-17.1-19, 37-17.1-20, and 37-17.1-21 is not liable for death of or injury to persons or
damage to property.
The governor shall establish guidelines to carry out the purposes of sections 37-17.1-19,
37-17.1-20, and 37-17.1-21.
37-17.1-22. (Effective through June 30, 2017) Disaster or emergency response and
recovery costs.
Whenever the governor declares a state of disaster or emergency in accordance with
section 37-17.1-05, or when the governor enters into an agreement with the federal government
following a disaster or emergency declared by the president of the United States, the director of
the division of homeland security shall determine and record the costs of the state and local
response and recovery operations in accordance with an agreement with the federal
government, in accordance with procedures established by the governor in the case of a
state-declared disaster or emergency, and in accordance with procedures established by the
state emergency response plan. If the event has met the Stafford Act minimum for a presidential
disaster declaration and for which the request is denied, the governor shall make application to
the state emergency commission for a grant of funds in an amount equal to the response and
recovery costs of the state and fifty percent of the public infrastructure recovery costs above
statutorily maintained emergency funds for counties that exceeds twice the individual county
federal declaration eligibility threshold, limited to a maximum amount available per disaster of
one million dollars and a maximum amount available per biennium of three million dollars.
Immediately following the response or recovery operations, or prior thereto if determined
necessary by the governor, the governor shall make application to the state emergency
commission for a grant of funds in an amount equal to the response and recovery costs of the
state. Notwithstanding other provisions of chapter 54-16, it must be conclusively presumed upon
receipt by the emergency commission of such application from the governor that a disaster or
emergency exists, and the commission immediately shall grant and direct the transfer to the
department of the governor's designated representative of an amount equal to that certified in
such application by the governor.
(Effective after June 30, 2017) Disaster or emergency response and recovery costs.
Page No. 17
Whenever the governor declares a state of disaster or emergency in accordance with
section 37-17.1-05, or when the governor enters into an agreement with the federal government
following a disaster or emergency declared by the president of the United States, the director of
the division of homeland security shall determine and record the costs of the state response and
recovery operations in accordance with an agreement with the federal government or in
accordance with procedures established by the governor in the case of a state-declared disaster
or emergency. Immediately following the response or recovery operations, or prior thereto if
determined necessary by the governor, the governor shall make application to the state
emergency commission for a grant of funds in an amount equal to the response and recovery
costs of the state. Notwithstanding other provisions of chapter 54-16, it must be conclusively
presumed upon receipt by the emergency commission of such application from the governor
that a disaster or emergency exists, and the commission immediately shall grant and direct the
transfer to the department of the governors designated representative of an amount equal to
that certified in such application by the governor.
37-17.1-23. (Effective through June 30, 2017) Disaster or emergency recovery
funding - Loan authorization.
1. When approved by the emergency commission, the office of the adjutant general is
authorized to borrow from the Bank of North Dakota, to respond and recover from
state disasters if the event has met the Stafford Act minimum for a presidential disaster
declaration for which the request is denied, and to match federal funds under the
Robert T. Stafford Disaster Emergency Assistance Act [Public Law 93-288, as
amended]. In addition to the principal repayment, the Bank of North Dakota shall
receive interest on the loan at a rate equal to other state agency borrowings. On behalf
of the state, the office of the adjutant general shall administer the disaster or
emergency recovery program according to state procedures based on federal laws or
regulations. After a county or group of counties have been declared a major disaster or
emergency area by the governor or president, the office of the adjutant general shall
submit a request to the emergency commission for:
a. Approval to make an application for a loan from the Bank of North Dakota;
b. Approval for additional personnel required to perform the anticipated recovery
activities; and
c. Authority to spend additional state and federal funds for the recovery program.
2. If the request is acceptable, the emergency commission shall approve the request and
issue a notice of its action to the office of the adjutant general, Bank of North Dakota,
and the office of management and budget. The office of the adjutant general shall
keep the emergency commission apprised of the progress of the recovery operation
and submit a final report upon completion of the project. The office of the adjutant
general is responsible to repay any loan, including accrued interest, from the Bank of
North Dakota which is provided under this section. If at the end of the biennium a
balance exists on the loan, the office of the adjutant general shall request the
legislative assembly for a deficiency appropriation to repay the loan.
(Effective after June 30, 2017) Disaster or emergency recovery funding Loan
authorization.
1. When approved by the emergency commission, the office of the adjutant general is
authorized to borrow from the Bank of North Dakota, to match federal funds under the
Robert T. Stafford Disaster Emergency Assistance Act [Public Law 93-288, as
amended]. In addition to the principal repayment, the Bank of North Dakota shall
receive interest on the loan at a rate equal to other state agency borrowings. On behalf
of the state, the office of the adjutant general shall administer the disaster or
emergency recovery program according to state procedures based on federal laws or
regulations. After a county or group of counties have been declared a major disaster or
emergency area by the president, the office of the adjutant general shall submit a
request to the emergency commission for:
a. Approval to make an application for a loan from the Bank of North Dakota;
Page No. 18
b.
2.
Approval for additional personnel required to perform the anticipated recovery
activities; and
c. Authority to spend additional state and federal funds for the recovery program.
If the request is acceptable, the emergency commission shall approve the request and
issue a notice of its action to the office of the adjutant general, Bank of North Dakota,
and the office of management and budget. The office of the adjutant general shall
keep the emergency commission apprised of the progress of the recovery operation
and submit a final report upon completion of the project. The office of the adjutant
general is responsible to repay any loan, including accrued interest, from the Bank of
North Dakota which is provided under this section. If at the end of the biennium a
balance exists on the loan, the office of the adjutant general shall request the
legislative assembly for a deficiency appropriation to repay the loan.
37-17.1-24. Definitions.
Repealed by S.L. 2009, ch. 308, § 2.
37-17.1-25. Intrastate mutual aid.
Repealed by S.L. 2009, ch. 308, § 2.
37-17.1-26. Intrastate mutual aid agreements.
The department of emergency services shall prepare and distribute to political subdivisions
guidelines and model intrastate mutual aid agreements to provide a system for mutual
assistance among political subdivisions in the prevention of, response to, and recovery from a
local disaster or emergency. To access state funds for disaster response and recovery during a
nonfederally declared disaster, counties and cities shall participate in intrastate mutual aid and
shall take all necessary steps to ensure eligibility for federal funds.
37-17.1-27. (Effective through June 30, 2017) State disaster relief fund - Creation Uses.
There is created in the state treasury a state disaster relief fund. Moneys in the fund are to
be used subject to legislative appropriations and emergency commission and budget section
approval for providing the required state share of funding for expenses associated with
governor-declared or presidential-declared disasters in the state and for the purposes of
reimbursing costs under section 37-17.1-28. Any interest or other fund earnings must be
deposited in the fund.
(Effective after June 30, 2017) State disaster relief fund Creation Uses. There is
created in the state treasury a state disaster relief fund. Moneys in the fund are to be used
subject to legislative appropriations and emergency commission and budget section approval
for providing the required state share of funding for expenses associated with presidentialdeclared disasters in the state and for the purposes of reimbursing costs under section
37-17.1-28. Any interest or other fund earnings must be deposited in the fund.
37-17.1-28. Wide area search and rescue activities - Powers and duties of local
officials - Costs.
1. The chief law enforcement officer of each political subdivision is responsible for local
wide area search and rescue activities. The operation of a wide area search and
rescue activity must be in accordance with state and local operations plans adopted by
the governing body of each subdivision. A state or local operations plan must specify
the use of the incident command system for a multiagency or multijurisdictional search
and rescue operation. The local emergency management director shall notify the
department of emergency services of each wide area search and rescue mission. The
local emergency management director shall work in a coordinating capacity directly
supporting all wide area search and rescue activities in that political subdivision and in
registering each emergency search and rescue worker for employee status. The chief
law enforcement official of each political subdivision may restrict access to a specific
Page No. 19
2.
3.
search and rescue area to personnel authorized by the chief law enforcement official.
Access may be restricted only for the time necessary to accomplish the search and
rescue mission. An unauthorized person may not interfere with a search and rescue
mission.
If a search and rescue activity results in the discovery of a deceased individual or if
any search and rescue worker assists in the recovery of human remains, the chief law
enforcement official of the political subdivision shall ensure compliance with chapter
11-19.1.
Upon authorization by the governor and approval of costs by the director of the
division of homeland security, expenses incurred in meeting a contingency or
emergency arising from a wide area search and rescue operation may be reimbursed
under section 37-17.1-22 or 37-17.1-27.
37-17.1-29. Firearms in emergencies.
1. Notwithstanding any other law, a person acting on behalf or under the authority of the
state or a political subdivision may not do any of the following during a declared
emergency:
a. Prohibit or restrict the otherwise lawful possession, use, carrying, transfer,
transportation, storage, or display of a firearm or ammunition;
b. Seize or confiscate, or authorize the seizure or confiscation of, any otherwise
lawfully possessed firearm or ammunition unless the person acting on behalf of or
under the authority of the state or political subdivision is defending that person or
another from an assault, arresting an individual in actual possession of a firearm
or ammunition for a violation of law, or seizing or confiscating the firearm or
ammunition as evidence of a crime; or
c. Require registration of any firearm or ammunition for which registration is not
otherwise required by law.
2. Subdivision a of subsection 1 as it relates to transfer of a firearm or ammunition does
not apply to the commercial sale of firearms or ammunition if an authorized authority
has ordered an evacuation or general closure of businesses in the affected area.
3. Any individual aggrieved by a violation of this section may commence a civil action
against any person who subjects the individual, or causes the individual to be
subjected, to an action prohibited by this section.
4. In addition to any other remedy, an individual aggrieved by the seizure or confiscation
of a firearm or ammunition in violation of this section may bring an action for the return
of the firearm or ammunition, or the value of the firearm or ammunition, if the firearm or
ammunition is no longer available, in the district court of the county in which that
individual resides, in which the firearm or ammunition is located, or in which the
seizure or confiscation occurred.
5. In any action to enforce this section, the court shall award a prevailing plaintiff costs
and reasonable attorney's fees.
Page No. 20
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
