AN ACT to amend and reenact section 37-01-48 of the North Dakota Century Code, relating to the payment of a death benefit to the beneficiary or next of kin of a member of the national guard who died while serving on state active duty; and to declare an emergency.
HB 1076 amends North Dakota Century Code section 37-01-48 to authorize the National Guard to pay a death benefit to the designated beneficiary, or if none is designated, the next of kin, of a National Guard service member who dies while serving in state active duty status. The bill also declares the measure an emergency, allowing it to take effect immediately upon enactment.
The bill increases the maximum possible death benefit from $15,000 to $100,000, while keeping the payment subject to available funds. It also confirms that the adjutant general may adopt rules to implement the benefit program. The change is limited to deaths occurring during state active duty, not federal service.
HB 1076 changes state law governing death benefits for North Dakota National Guard members by substantially increasing the benefit cap and clarifying who may receive payment. It affects the National Guard, the adjutant general, and the families or beneficiaries of service members who die while on state active duty. Because the benefit remains contingent on available funds, the bill expands potential financial support without creating an unconditional entitlement beyond appropriated resources.
The available record shows strong, unanimous support for the bill. It passed the House 92-0 and the Senate 47-0, with no recorded committee transcript opposition or recorded floor dissent. The emergency clause and the request from the Adjutant General suggest the measure was viewed as a timely and practical update to survivor benefits for Guard families.
No notable opposition is reflected in the provided materials. The main policy change is the increase in the maximum benefit amount, which could raise fiscal concerns in other contexts, but the bill text preserves the existing limitation that payments are subject to available funds. The only identifiable implementation issue is the adjutant general’s authority to adopt rules, but no dispute over that authority appears in the record.