House Bill 1074 would update two state statutes that incorporate federal military law so the state’s text remains current with recent federal changes. The Senate Agriculture and Veterans Affairs Committee heard attorney testimony from the Adjutant General’s office and recommended the bill for a due pass.
Chris Martins, attorney with the Office of the Adjutant General and a judge advocate in the North Dakota National Guard, told the committee the state previously adopted federal language in two code sections and that courts require the state to adopt the federal language as of the time the legislature enacts it. "Anytime we want to adopt language of federal law that has been changed by Congress, we have to come back to you and essentially ask you to update the language," Martins said.
Section 1 updates the state provision that gives Guard commanders a statutory mechanism for non‑judicial punishment (often called Article 15 on the military side). Martins emphasized the update clarifies and preserves commanders’ ability to address nonserious disciplinary infractions while reflecting recent federal changes that, among other things, strengthen requirements ensuring service members have access to counsel in disciplinary proceedings.
Section 2 updates the state’s version of the Servicemembers Civil Relief Act (SCRA). Martins said the federal changes in February 2023 predominantly added the Space Force to federal language; the state update keeps North Dakota law aligned with that federal text.
Martins said the changes are procedural and intended to protect service members’ rights and to keep state law synchronized with federal law. The committee recorded a due‑pass recommendation with no opposition testimony.