The Government and Veterans Affairs Committee voted unanimously, 14-0, to recommend House Bill 1074, a measure to amend state law to adopt recent federal updates to the Uniform Code of Military Justice (UCMJ) and the Service Members Civil Relief Act as applied to National Guard members on state active duty.

Chris Martins, an attorney for the North Dakota National Guard who also serves as a judge advocate, told the committee the state adopts the federal UCMJ and related rules by reference, but North Dakota Supreme Court precedent requires the Legislature to adopt federal law as it stands at the time of enactment. Martins said Congress has updated the federal texts since the state last adopted them and that the bill updates two sections of Title 37 to reflect the federal changes through Dec. 31, 2024.

Martins said many updates are technical but cited one example that affects service members’ procedures: federal changes expanded protections for service members in nonjudicial punishment processes, including greater emphasis on counsel and rights protections. He said the changes benefit soldiers by ensuring state procedures align with current federal standards.

Lawmakers asked why the bill references 2024 rather than a later date; Martins explained the common practice of adopting the last day of the calendar year preceding the session and confirmed he had checked that no further changes to the two cited sections occurred after Dec. 31, 2024.

The committee closed the hearing with no public opposition and approved a motion from Representative Christie for a "do pass" recommendation, seconded by Representative McLeod. The committee later assigned Representative Van Winkle as the bill carrier to handle the measure beyond committee.

Why it matters: The change keeps North Dakota’s state military justice and civil relief protections in step with federal law as currently enacted and clarifies rights and procedures for Guard members when serving under state activation.

Votes at a glance

- Motion: Committee recommends "do pass" on House Bill 1074 (mover: Representative Christie; second: Representative McLeod). Outcome: passed. Tally: Yes 14, No 0.