AN ACT to create and enact section 54-01-09.4 of the North Dakota Century Code, relating to concurrent federal jurisdiction on military installations.
Summary
HB 1033 creates a new section of the North Dakota Century Code governing concurrent legislative jurisdiction on United States military installations located in the state. The bill allows North Dakota to accept a relinquishment of exclusive federal legislative jurisdiction and establish concurrent jurisdiction over a military installation when the installation’s principal officer or authorized representative requests it under federal law. The governor’s written acceptance is the trigger for the concurrent jurisdiction to take effect.
The bill also sets out procedural requirements for any request, including identifying the requester’s authority, describing the subject matter of the request, providing a metes-and-bounds description of the installation, and stating whether future contiguous expansions are included. If the governor accepts the request, the acceptance and related documents must be filed with the secretary of state. The bill further provides that the state may not incur or assume liability from accepting concurrent jurisdiction and allows state agencies or political subdivisions to enter reciprocal agreements with federal agencies to allocate duties related to that jurisdiction.
Impact
HB 1033 changes state law by adding a formal process for North Dakota to share legislative authority with the federal government over military installations in the state. It does not automatically alter jurisdiction at any base; instead, it creates a framework for case-by-case acceptance by the governor, with documentation and filing requirements. The bill affects the governor, the secretary of state, state agencies, political subdivisions, and military installation officials seeking concurrent jurisdiction, and it is intended to align state procedures with federal law governing cession and acceptance of jurisdiction on military property.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House 90-0 and the Senate 47-0, indicating unanimous approval in both chambers. The absence of committee transcripts or recorded opposition suggests the measure was viewed as a technical or administrative jurisdictional update rather than a politically divisive proposal.
Contention
There is little evidence of substantive contention around HB 1033. The main policy considerations embedded in the bill are the governor’s discretion to accept or decline a request, the need for detailed boundary and authority documentation, and the state’s express disclaimer of liability. Any potential concerns would likely center on how concurrent jurisdiction is allocated between state and federal authorities and whether future land expansions are included, but no recorded opposition or debate is provided in the available materials.