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37-01-01: Definitions

1. "Active militia" means the organized and uniformed military forces of this state known as the "North Dakota national guard" and the reserve militia when called to active service.
 
2. "Active service" means state active duty in case of public disaster, riot, tumult, breach of the peace, resistance of process, or the threat thereof, whenever called in aid of civil authorities, or under martial law, or at encampments, whether ordered by state or federal authorities, and includes the performance of any other duty requiring the entire time of the organization or person, except when called or drafted into the federal service by the president of the United States. The term includes service in case of, or to prevent, insurrection, riot, or invasion under the order of the commander in chief communicated through proper military channels.
 
3. "Military forces of this state" means those individuals in the active militia.
 
4. "Militia" means a group of individuals defined in the Constitution of North Dakota.
 
5. "National guard" means that part of the military forces of this state which is organized, equipped, and federally recognized under the provisions of the National Defense Act, as amended, of the United States as the "national guard, air national guard, of the United States and the state of North Dakota". The term includes also the term "national guard of the state of North Dakota".
 
6. "On duty" includes periods of drill and of such other training and service as may be required under state or federal law, regulation, or order.
 
7. "Reserve militia" consists of all those individuals who are subject to service in the active militia and who are not serving in the national guard of this state.
 
8. "State active duty" means active service on behalf of the state under authority of the governor at the expense of the state.
 
9. "State defense force" means the group of individuals in the reserve militia in state active duty under chapter 37-12.1.