N.D. Cent. Code § 54-21.2-02 — ND Code / Title 54 / Chapter 54-21.2 / Section 54-21.2-02
54-21.2-02. Scope
Status: in_force

54-21.2-02. Scope

1. The powers and authority granted by this chapter shall be in addition to other local

building or zoning requirements, and political subdivisions may adopt more stringent or

additional requirements. This chapter applies to all new public and private buildings

except as provided by this section. Additions to existing buildings or structures may be

made without making the entire building or structure comply, but additions must

comply with the standards adopted pursuant to this chapter. No change in the

character of occupancy or the use of any building or structure which requires an

increase in either fossil fuels or electrical energy to heat or cool such building or

structure may be permitted unless the building or structure is brought into compliance

with standards adopted pursuant to this chapter.

2. The following buildings are exempt from the applicability of this chapter:

a. Buildings which are neither heated nor cooled.

b. Buildings or portions thereof used whose peak design rate of energy usage is

less than one watt per square foot [929.03 square centimeters] or three and

four-tenths British thermal units an hour per square foot [929.03 square

centimeters] of floor area.

c. Restored or reconstructed buildings deliberately preserved beyond their normal

term of use because of historical associations, architectural interests, or public

policy, or buildings otherwise qualified as a pioneer building, historical site, state

monument, or other similar designation pursuant to state or local law.
N.D. Cent. Code § 54-07-09 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-09
54-07-09. Youth council chairman - Meetings
Status: in_force

54-07-09. Youth council chairman - Meetings

Expired under S.L. 2009, ch. 461, § 5.
N.D. Cent. Code § 54-23.3-01 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-01
54-23.3-01. Department of corrections and rehabilitation - Creation - Duties - Programs
Status: in_force

54-23.3-01. Department of corrections and rehabilitation - Creation - Duties -

Programs.

There is hereby created a department of corrections and rehabilitation that is responsible to

the governor. The department is responsible for the direction and general administrative

supervision, guidance, and planning of adult and juvenile correctional facilities and programs

within the state. The department includes a division of adult services, a division of juvenile

services, and such other divisions as are determined necessary for the effective and efficient

operation of the department. Programs and facilities included in the department are the North

Dakota state penitentiary or any of its affiliated facilities, parole and probation for adult

offenders, North Dakota youth correctional center, community programs and services for

juvenile offenders under the division of juvenile services, and any other programs developed by

the department.
N.D. Cent. Code § 54-63.1-04 — ND Code / Title 54 / Chapter 54-63.1 / Section 54-63.1-04
54-63.1-04. Clean sustainable energy authority - Duties - Report (Retroactive application - See note)
Status: in_force

54-63.1-04. Clean sustainable energy authority - Duties - Report. (Retroactive

application - See note)

1. The authority shall make recommendations to the commission for program guidelines,

including eligibility criteria for entities to receive funding under this chapter.

2. The nonvoting technical advisors shall develop a process to review and evaluate

projects to determine the technical merits and feasibility of any application, including

potential benefits of the development of low-emission technology, the expansion of the

development of the state's natural resources or energy production, and the

contribution to the economic diversity in the state.

3. The authority may develop a loan program or a loan guarantee program under the

clean sustainable energy fund. The Bank of North Dakota shall administer the loan

program or loan guarantee program. The interest rate of a loan under this program

may not exceed two percent per year. The maximum term of a loan under this section

must be approved by the commission based on a recommendation from the authority.

The Bank shall review applications for loans or loan guarantees and shall consider the

business plan, financial statements, and other information necessary to evaluate the

application. To be eligible for a loan or loan guarantee, an entity shall agree to provide

the Bank of North Dakota with information as requested. The Bank of North Dakota

may develop policies for loan participation with local financial institutions.

4. The authority shall make recommendations to the commission for grant awards, loan

approvals, or other financial assistance to provide funding to support research,

development, and technological advancements for the large scale development and

commercialization of projects, processes, activities, and technologies that reduce

environmental impacts and increase sustainability of energy production and delivery in

accordance with this chapter. Any projects, processes, activities, and technologies

selected by the commission for funding must have been recommended by the

authority, must demonstrate feasibility based on a technical review conducted by the

nonvoting technical advisors of the authority, must have other sources of financial

support, and must achieve the priorities and purposes of the program. At the request

of the authority, the Bank of North Dakota shall provide a recommendation regarding

the economic feasibility of a project, process, activity, or technology under

consideration by the authority. The Bank shall review the business plan, financial

statements, and other information necessary to provide a recommendation.

5. The authority shall develop a fertilizer development incentive program, including

guidelines to provide loan forgiveness. Funding for the fertilizer development incentive

program under this subsection is limited to one hundred twenty-five million dollars.

a. To be eligible for the fertilizer development incentive program:

(1) The fertilizer production facility must be located within the state;

(2) The owner of the fertilizer production facility must be an entity domiciled in

the United States or Canada;

(3) The owner must borrow money under a program administered by the Bank

of North Dakota; and

(4) The fertilizer production facility must use hydrogen produced by the

electrolysis of water.

b. Upon completion of the construction of the fertilizer production facility, the

authority shall forgive the loan and shall use fertilizer development incentive

funding to repay any outstanding amount borrowed, as certified by the Bank. The

authority shall request an appropriation from the strategic investment and

improvements fund or other funding sources to provide fertilizer development

incentive funding to repay any outstanding amount borrowed.

6. The authority may consult with any other state agency necessary to carry out the

purposes under this chapter.

7. Each biennium, the authority shall provide a written report to the legislative

management regarding its activities and the program's financial impact on state

revenues and the state's economy.
N.D. Cent. Code § 54-52-02.3 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.3
54-52-02.3. Newly elected supreme and district court judges
Status: in_force

54-52-02.3. Newly elected supreme and district court judges

After July 1, 1973, any person elected or appointed to the office of judge of the supreme

court or judge of the district court for the first time must, from and after the date that person

qualifies and takes office, be a participating member of the public employees retirement system.

Any person so elected or appointed is not eligible for membership in or for receipt of benefits

from the retirement program provided by chapter 27-17. As used in this section, the phrase "for

the first time" means a person elected or appointed, who, after July 1, 1973, does not hold office

as a judge of the supreme court or the district court at the time of the person's election or

appointment.
N.D. Cent. Code § 54-10-24 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-24
54-10-24. The state auditor shall have access to tax returns and other records filed with the tax commissioner
Status: in_force

54-10-24. The state auditor shall have access to tax returns and other records filed

with the tax commissioner.

The state auditor and persons employed by the state auditor, when necessary in conducting

an audit and examination of the books and records of the tax commissioner as authorized by

law, may examine any return, report, or other information filed with the tax commissioner, and

confirm the authenticity of such return, report, or other information with the taxpayer who filed it.

The audit report of the state auditor may not identify any return, report, or other document

examined whose secrecy is guarded by law and which is examined pursuant to this chapter by

the state auditor or the auditor's representatives, but the state auditor or the auditor's

representatives shall make a listing of each return, report, or other document examined whose

secrecy is guarded by law, which listing must include the name and address of the taxpayer or

other person who filed the return, report, or other document or to whom it relates, and the tax

department file identification number for it; such listing must also identify all summaries and

schedules examined which are compiled and kept by the tax commissioner and which identify

taxpayers and taxpayer information to which the secrecy requirements apply; the listing must

also show the name or names of the individuals representing the state auditor who examined

each such return, report, summary, schedule, or other document. A copy of the listing must be

filed by the state auditor with the tax commissioner. Such listing and all copies thereof are

subject to the same secrecy or confidentiality requirements that apply to the information

described in the listing.
N.D. Cent. Code § 54-03-05 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-05
54-03-05. Who to administer oath of office to members and officers of the legislative assembly
Status: in_force

54-03-05. Who to administer oath of office to members and officers of the legislative

assembly.

The following persons may administer the oath of office to the members and officers of the

legislative assembly:

1. The speaker of the house of representatives.

2. The president of the senate.

3. The governor.

4. A judge of the supreme court.

5. A judge of the district court.
N.D. Cent. Code § 54-27-19.4 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-19.4
54-27-19.4. Legacy earnings township highway aid fund
Status: repealed

54-27-19.4. Legacy earnings township highway aid fund

Repealed by S.L. 2025, ch. 44, § 18.
N.D. Cent. Code § 54-23.4-06 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-06
54-23.4-06. Application for compensation - Awards - Limitations on awards
Status: in_force

54-23.4-06. Application for compensation - Awards - Limitations on awards

1. An applicant for an award of compensation shall apply in writing in a form that

conforms substantially to that prescribed by the division. If a resident of this state is a

victim of criminally injurious conduct, but the criminally injurious conduct occurred

outside the geographical boundaries of this state, the resident has the same rights

under this chapter as if the criminally injurious conduct occurred within this state upon

a showing that the state, territory, country, or political subdivision of the country in

which the criminally injurious conduct occurred does not have a crime victims

compensation law which covers the bodily injury or death of the victim.

2. A claim for compensation must be filed within one year from the date the criminally

injurious conduct was reported to a law enforcement officer. The division may extend

the time for filing if it determines that the interests of justice so require. There is no

appeal from a decision of the division not to extend the filing time, not to reopen, or not

to reinvestigate a claim.

3. Compensation may not be awarded to a claimant who is the offender or an accomplice

of the offender, nor to any claimant if the award would unjustly benefit the offender or

an accomplice.

4. Compensation may not be awarded unless the criminally injurious conduct resulting in

injury or death was reported to a law enforcement officer within ninety-six hours after

its occurrence or the division finds there was good cause for the failure to report within

that time. In the case of child abuse or sexual molestation of a child, the criminally

injurious conduct must be reported to a law enforcement officer within three years after

the child reaches the age of majority.

5. The division, upon finding that the claimant has not fully cooperated with appropriate

law enforcement agencies, may deny, reconsider, or reduce an award of

compensation.

6. Compensation otherwise payable to a claimant must be reduced or denied:

a. To the extent the economic loss upon which the claim is based is recouped from

other persons, including collateral sources;

b. To the extent the division deems reasonable because of the contributory

misconduct of the claimant or of a victim on whose behalf compensation is

claimed; and

c. To the extent the division deems reasonable when it is determined that a victim

was under the influence of an alcoholic beverage or a controlled substance at the

time the criminally injurious conduct occurred and the victim's intoxication was a

factor causing the criminally injurious conduct.

7. Compensation for work loss, replacement services loss, dependent's economic loss,

and dependent's replacement services loss may not exceed three hundred dollars per

week.

8. Compensation payable to a victim and to all other claimants sustaining economic loss

because of injury to or death of that victim may not exceed twenty-five thousand

dollars in the aggregate. If a resident of this state is the victim of criminally injurious

conduct outside the geographical boundaries of this state and the total amount of

crime victims compensation benefits payable where the criminally injurious conduct

occurred is less than twenty-five thousand dollars, the division may pay additional

compensation to the victim. The maximum additional compensation the division may

pay is the difference between twenty-five thousand dollars and the total amount of

crime victims compensation benefits payable where the criminally injurious conduct

occurred.
N.D. Cent. Code § 54-03-07 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-07
54-03-07. Qualifications of members - Each house to judge
Status: in_force

54-03-07. Qualifications of members - Each house to judge

If the qualifications of any member of either house of the legislative assembly are

challenged, the right of that member to a seat must be determined by the house in which that

person claims a seat as a member, except an election contest must be determined in

accordance with chapter 16.1-16.
N.D. Cent. Code § 54-21.3-01 — ND Code / Title 54 / Chapter 54-21.3 / Section 54-21.3-01
54-21.3-01. Purposes of chapter
Status: in_force

54-21.3-01. Purposes of chapter

The purposes of this chapter are to:

1. Provide the citizens of this state with nationally recognized standards and

requirements for construction and construction materials.

2. Eliminate restrictive, obsolete, conflicting, and unnecessary construction regulations

that tend to increase construction costs unnecessarily or restrict the use of new

materials, products, or methods of construction or provide preferential treatment to

types or classes of materials or products or methods of construction.

3. Ensure adequate construction of buildings throughout the state and to adequately

protect the health, safety, and welfare of the people of this state.
N.D. Cent. Code § 54-60-30 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-30
54-60-30. Boundary and annexation survey reporting
Status: in_force

54-60-30. Boundary and annexation survey reporting

At the discretion of each political subdivision, the department shall act on behalf of political

subdivisions to deliver a consolidated response to the boundary and annexation survey and

provide legal boundary geography data to the United States census bureau. The department

shall coordinate with political subdivisions to ensure consistent, accurate, and integrated

geography is provided to the United States census bureau.
N.D. Cent. Code § 54-17.2-16 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-16
54-17.2-16. Revenues, appropriations, funds, and income from which evidences of indebtedness payable
Status: in_force

54-17.2-16. Revenues, appropriations, funds, and income from which evidences of

indebtedness payable.

Evidences of indebtedness are payable solely from:

1. Revenues to be derived by the commission from the operation of a project or projects;

2. Payments from the state pursuant to financing agreements, or from leases to others as

provided by this chapter;

3. Funds appropriated by the legislative assembly; and

4. Any other legally available revenue, income, or funds available to the commission.
N.D. Cent. Code § 54-60-14 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-14
54-60-14. North Dakota American Indian business development office
Status: repealed

54-60-14. North Dakota American Indian business development office

Repealed by S.L. 2015, ch. 5, § 4.
N.D. Cent. Code § 54-52-13.1 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-13.1
54-52-13.1. Retirement benefits - Continuing appropriation
Status: in_force

54-52-13.1. Retirement benefits - Continuing appropriation

The funds necessary for paying prior service and service benefits, consultant fees, and

making withdrawal payments and refunds, are hereby appropriated from the retirement fund for

those purposes.
N.D. Cent. Code § 54-17-42 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-42
54-17-42. Report to legislative assembly or budget section on the fiscal impact of certain actions of the industrial commission
Status: in_force

54-17-42. Report to legislative assembly or budget section on the fiscal impact of

certain actions of the industrial commission.

If any order, regulation, or policy of the industrial commission to implement the provisions of

chapter 38-08, excluding spacing unit orders, has a fiscal effect or estimated fiscal effect on the

state in excess of twenty million dollars in a biennium, the industrial commission shall report to

the legislative assembly when in session and otherwise to the budget section of the legislative

management on the fiscal impact of the effect of the action on state revenues and expenditures,

including any effect on the funds of the industrial commission.
N.D. Cent. Code § 54-52-02.7 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.7
54-52-02.7. Purchase of service by former employees of mental health and retardation centers
Status: repealed

54-52-02.7. Purchase of service by former employees of mental health and retardation

centers.

Repealed by S.L. 1987, ch. 651, § 1.
N.D. Cent. Code § 54-46.1-04 — ND Code / Title 54 / Chapter 54-46.1 / Section 54-46.1-04
54-46.1-04. Duplicate storage of microfilm records
Status: in_force

54-46.1-04. Duplicate storage of microfilm records

Whenever any record or document is copied or reproduced as provided in this chapter, the

state records administrator shall provide for duplicate storage of the photographic reproductions.

The administrator may enter into contracts for duplicate storage services if, in the

administrator's judgment, such contracts are necessary for the safekeeping of photographic

reproductions.
N.D. Cent. Code § 54-52-01 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-01
54-52-01. Definition of terms
Status: in_force

54-52-01. Definition of terms

As used in this chapter, unless the context otherwise requires:

1. "Account balance" means the total contributions made by the employee, vested

employer contributions under section 54-52-11.1, the vested portion of the vesting fund

as of June 30, 1977, and interest credited thereon at the rate established by the board.

2. "Beneficiary" means any person in receipt of a benefit provided by this plan or any

person designated by a participating member to receive benefits.

3. "Correctional officer" means a participating member who is employed as a correctional

officer by a governmental unit and, notwithstanding subsection 16, for an individual

employed on or after August 1, 2025, is employed at least thirty-two hours per week

and at least twenty weeks each year of employment. A correctional officer who is a

participating member of the public safety retirement plan created by this chapter who

begins employment on or after August 1, 2025, is ineligible to participate concurrently

in any other retirement plan administered by the public employees retirement system.

The term includes an individual employed by a correctional facility as defined in

section 12-44.1-01, who is enrolled in, but has not yet completed, a correctional officer

course approved or certified by the North Dakota department of corrections and

rehabilitation.

4. "Deferred member" means a participating member who is not actively participating in

the main plan under this chapter and who has an account intact in the main plan under

this chapter.

5. "Dispatcher" means a participating member who is employed as a state radio

dispatcher by the state or is employed as a public safety answering point dispatcher by

a political subdivision and, notwithstanding subsection 16, for an individual employed

on or after August 1, 2025, is employed at least thirty-two hours per week and at least

twenty weeks each year of employment. A dispatcher who is a participating member of

the public safety retirement plan created by this chapter who begins employment on or

after August 1, 2025, is ineligible to participate concurrently in any other retirement

plan administered by the public employees retirement system.

6. "Eligible employee", except as otherwise provided under section 54-52-02.15, means

a permanent employee who meets all of the eligibility requirements set by this chapter

and who is eighteen years or more of age. The term includes appointive and elective

officials under sections 54-52-02.5, 54-52-02.11, and 54-52-02.12, and nonteaching

employees of the superintendent of public instruction, including the superintendent of

public instruction, who elect to transfer from the teachers' fund for retirement to the

public employees retirement system under section 54-52-02.13, and employees of the

state board for career and technical education who elect to transfer from the teachers'

fund for retirement to the public employees retirement system under section
N.D. Cent. Code § 54-06-35 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-35
54-06-35. Expenditure made pursuant to rule or policy
Status: in_force

54-06-35. Expenditure made pursuant to rule or policy

An expenditure made pursuant to a rule or policy adopted pursuant to sections 54-06-32

through 54-06-34 is not a criminal offense.
N.D. Cent. Code § 54-27-20.3 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-20.3
54-27-20.3. Disbursement of local funds - Reports
Status: repealed

54-27-20.3. Disbursement of local funds - Reports

Repealed by S.L. 1997, ch. 19, § 3.
N.D. Cent. Code § 54-44.3-25 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-25
54-44.3-25. Prohibited conduct
Status: in_force

54-44.3-25. Prohibited conduct

1. No person may make any false statement, certificate, mark, rating, or report with

regard to any test, certification, or appointment made under this chapter, or in any

manner commit or attempt to commit any fraud preventing the impartial execution of

this chapter and the rules.

2. No person may, directly or indirectly, give, render, pay, offer, solicit, or accept any

money, service, or other valuable consideration for or on account of any appointment,

proposed appointment, promotion, or proposed promotion to, or any advantage in, a

position in the classified service.

3. No employee of the division, examiner, or other person may defeat, deceive, or

obstruct any person in that person's right to examination, eligibility, certification, or

appointment under this chapter, or furnish to any person any special or confidential

information for the purpose of affecting the rules or prospects of any person with

respect to employment in the classified service.
N.D. Cent. Code § 54-59-19 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-19
54-59-19. Information technology department annual report
Status: in_force

54-59-19. Information technology department annual report

The department shall prepare and present an annual report to the information technology

committee. The report must contain:

1. A list of all projects for which financing agreements have been executed.

2. A comparison of the department's rates charged for services compared to rates

charged for comparable services in other states and in the private sector.

3. Information regarding the delivery of services to agencies, including service

dependability, agency complaints, and information technology department

responsiveness.

4. A description of the status and progress of programs established pursuant to chapter

54-46 and as specifically required by section 54-46-11.
N.D. Cent. Code § 54-55-04 — ND Code / Title 54 / Chapter 54-55 / Section 54-55-04
54-55-04. Duties of commissioners and commission
Status: in_force

54-55-04. Duties of commissioners and commission

1. Each commissioner shall attend the annual meeting of the national conference of

commissioners on uniform state laws, also known as the national uniform law

commission, and shall promote uniformity in state laws on those subjects where

uniformity may be deemed desirable and practicable. The commission shall also

promote as far as practicable the uniform judicial application and construction of all

uniform state laws.

2. During the interim between legislative sessions, the commission may submit its

recommendations for enactment of uniform and model laws to the legislative

management for its review and recommendation. Commissioners shall provide the

assistance to the legislative management as the legislative management requests with

respect to its review of uniform and model laws.

3. During each biennial legislative session, and at any other time as the commission may

deem proper, the commission shall report to the legislative assembly an account of its

transactions and its advice and recommendations for legislation. The report must

include the recommendations of the legislative management with respect to uniform

and model laws recommended by the commission.
N.D. Cent. Code § 54-46.1-01 — ND Code / Title 54 / Chapter 54-46.1 / Section 54-46.1-01
54-46.1-01. Central microfilm unit - Contracting for services
Status: in_force

54-46.1-01. Central microfilm unit - Contracting for services

The state records administrator shall establish and maintain a central microfilm unit and

microfilm any record of any state office, agency, or department in either the executive,

legislative, or judicial branch of state government, if the administrator determines the cost of the

microfilming is reasonable in relation to the record's historical significance or the frequency and

type of use of the record. If the administrator and the office of management and budget

determine that the services called for in this chapter can be provided more efficiently and

economically through contracting with private contractors, the administrator may enter into such

contracts or require an agency to use the services of a contractor as allowed by section
N.D. Cent. Code § 54-52.1-09 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-09
54-52.1-09. Reports
Status: in_force

54-52.1-09. Reports

Each department, board, or agency shall keep such records, make such certifications, and

furnish the board or carriers with such information and reports as may be necessary to enable

the board or carriers to carry out their functions under the provisions of this chapter. Carriers

that have entered into a contract with the board are required to furnish such reasonable reports

as the board determines to be necessary, and to permit the board to examine those records that

relate to the uniform group insurance program.
N.D. Cent. Code § 54-35-05 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-05
54-35-05. Governor sending messages to meetings
Status: in_force

54-35-05. Governor sending messages to meetings

The governor may send messages to such meetings of the legislative management as the

governor determines advisable.
N.D. Cent. Code § 54-27-03 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-03
54-27-03. County auditors to furnish office of management and budget with abstract of tax list
Status: repealed

54-27-03. County auditors to furnish office of management and budget with abstract

of tax list.

Repealed by S.L. 1991, ch. 658, § 2.
N.D. Cent. Code § 54-09-09 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-09
54-09-09. Computerized central indexing system - Rules
Status: in_force

54-09-09. Computerized central indexing system - Rules

1. The secretary of state shall maintain a computerized central indexing system that

contains the information filed pursuant to sections 35-13-02, 35-17-04, 35-20-16,

35-30-02, 35-31-02, 35-34-04, 35-34-06, 41-09-72, 57-38-49, 57-39.2-13, 57-40.2-16,

57-40.3-07.1, 57-43.1-17.4, 57-43.2-16.3, and 57-51-11. The system must allow

access to financing statement information by equipment that conforms to requirements

determined by the information technology department. The system must have

safeguards to allow access to information that is in the system relating to security

interests or liens and to prevent unauthorized alteration or deletion of that information

and to allow access to other information in the system as prescribed by the secretary

of state.

2. Within two working days of receipt of a financing statement, continuation statement,

amendment, or termination statement filed electronically pursuant to chapter 41-09 or

a statement filed electronically pursuant to section 35-13-02, 35-17-04, 35-20-16,

35-30-02, or 35-31-02, the information contained in the statement must be filed in the

computerized central indexing system. A computer printout of information from the

system is prima facie evidence of the existence or nonexistence of the filing of a

financing statement or lien. The secretary of state shall provide an electronic means

that can be used to perfect a security interest in farm products or gain protection under

the central notice system, or both.

3. The secretary of state may adopt rules necessary to implement this section and

sections 54-09-10 and 54-09-11.
N.D. Cent. Code § 54-44-16 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-16
54-44-16. Oil and gas tax revenue put options
Status: in_force

54-44-16. Oil and gas tax revenue put options

Upon request of the director of the office of management and budget and upon approval by

the industrial commission, the state investment board may purchase oil put options for the office

of management and budget. The purchase of put options must be designed to offset reduced

state general fund oil and gas tax revenues due to oil and gas prices falling below selected

levels. Put options may be purchased only at such times that the purchase assures that oil tax

revenues plus the revenues from the sale of put options will be in excess of the oil tax revenues

estimated for that level of production by the most recently adjourned legislative assembly. The

office of management and budget shall report any purchases of put options to the budget

section of the legislative management.
N.D. Cent. Code § 54-11-03 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-03
54-11-03. Warrants - Redemption - Duty of treasurer
Status: repealed

54-11-03. Warrants - Redemption - Duty of treasurer

Repealed by S.L. 2003, ch. 467, § 4.
N.D. Cent. Code § 54-08-02 — ND Code / Title 54 / Chapter 54-08 / Section 54-08-02
54-08-02. Disability of lieutenant governor - Who shall act
Status: in_force

54-08-02. Disability of lieutenant governor - Who shall act

In case of the death, impeachment, resignation, failure to qualify, absence from the state,

removal from office, or the disability of the lieutenant governor, the powers and duties of that

office for the residue of the term, or until the lieutenant governor is acquitted or the disability

removed, shall devolve upon the president pro tempore of the senate, except that the president

pro tempore of the senate does not succeed to the office of governor by virtue of having the

powers and duties of the office of lieutenant governor. When presiding over any meeting of the

senate, all the powers and duties of the office of lieutenant governor shall devolve upon the

president pro tempore of the senate.
N.D. Cent. Code § 54-44.1-10 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-10
54-44.1-10. Payments made pursuant to law only
Status: in_force

54-44.1-10. Payments made pursuant to law only

No payment may be made and no obligation may be incurred against any appropriation

unless such payment or obligation has been authorized as provided by law. Every official

authorizing payments in violation of this chapter is subject to the penalties and provisions of
N.D. Cent. Code § 54-03.1-04 — ND Code / Title 54 / Chapter 54-03.1 / Section 54-03.1-04
54-03.1-04. Compensation for attending legislators
Status: repealed

54-03.1-04. Compensation for attending legislators

Repealed by S.L. 1969, ch. 427, § 9.
N.D. Cent. Code § 54-52.6-18 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-18
54-52.6-18. Savings clause
Status: in_force

54-52.6-18. Savings clause

If the board determines that any section of this chapter does not comply with applicable

federal statutes or rules, the board shall adopt appropriate terminology with respect to that

section as will comply with those federal statutes or rules. Any plan modifications made by the

board pursuant to this section are effective until the effective date of any measure enacted by

the legislative assembly providing the necessary amendments to this chapter to ensure

compliance with the federal statutes or rules.
N.D. Cent. Code § 54-17.2-15 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-15
54-17.2-15. Evidences of indebtedness authorized - Interest rates - Exemption from taxation - Term
Status: in_force

54-17.2-15. Evidences of indebtedness authorized - Interest rates - Exemption from

taxation - Term.

The commission, pursuant to legislative authorization, may, by resolution, authorize

preparation, sale, and issuance of evidences of indebtedness of the commission in amounts

and at such times, in fully registered form, with final maturity of not more than thirty years. The

evidences of indebtedness may bear the fixed or variable rate or rates of interest and may be

sold at the price or prices as the commission may provide at an average net interest cost not in

excess of twelve percent per annum for evidences of indebtedness sold at private sale, except

that there is no interest rate ceiling on issues sold at public sale or to the state. The evidences

of indebtedness are not subject to taxation by the state or by any county, municipality, or political

subdivision in the state. The evidences of indebtedness are not indebtedness of the state or of

any officer or agent of the state within the meaning of any statutory or constitutional provision.
N.D. Cent. Code § 54-66-09 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-09
54-66-09. Investigation findings - Ethics commission determinations
Status: in_force

54-66-09. Investigation findings - Ethics commission determinations

1. An investigator, other than a law enforcement agency, of a complaint shall provide

written findings of the investigation to the ethics commission within a reasonable

amount of time. The ethics commission shall provide copies of the written findings and

evidence considered to the respondent, who may respond to the commission in

person or in writing within a reasonable time. If the respondent responds in person, no

fewer than three members of the commission shall meet in a closed meeting with the

respondent. A respondent may be accompanied by legal counsel when responding to

the commission in person. Upon completion of an investigation, the executive director

shall prepare a report and recommendation to the commission to close the matter or

issue an alleged violation. The commission may issue an alleged violation, require

additional investigation, or close the matter.

2. After providing a reasonable time for a respondent to respond to the investigation

findings and considering any response to the findings, the ethics commission shall

determine whether a violation of article XIV of the Constitution of North Dakota, this

chapter, or another law or rule regarding transparency, corruption, elections, or

lobbying occurred, and inform the respondent of the determination. If the commission

determined a violation occurred, the commission may impose a penalty authorized by

law for the violation or refer the matter to the agency with enforcement authority over

the violation.

3. The commission may not terminate the employment of a public official or otherwise

remove a public official from the public official's public office.

4. The ethics commission may not reconsider, invalidate, or overturn a decision, ruling,

recommended finding of fact, recommended conclusion of law, finding of fact,

conclusion of law, or order by a hearing officer under chapter 28-32 on the grounds the

hearing officer failed to grant a request for disqualification under section 28-32-27 or

failed to comply with subsection 5 of section 2 of article XIV of the Constitution of

North Dakota.

5. The respondent may petition the commission at any time to dismiss the complaint in

the manner prescribed by the commission.
N.D. Cent. Code § 54-21-03 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-03
54-21-03. Appointive members of board to give all their time to duties of office - Oath - Bond
Status: repealed

54-21-03. Appointive members of board to give all their time to duties of office - Oath

- Bond.

Repealed by S.L. 1969, ch. 440, § 13.
N.D. Cent. Code § 54-24-04 — ND Code / Title 54 / Chapter 54-24 / Section 54-24-04
54-24-04. Who may borrow books from state library
Status: repealed

54-24-04. Who may borrow books from state library

Repealed by S.L. 1965, ch. 352, § 10.
N.D. Cent. Code § 54-44.8-06 — ND Code / Title 54 / Chapter 54-44.8 / Section 54-44.8-06
54-44.8-06. Gifts and grants
Status: in_force

54-44.8-06. Gifts and grants

The department of health and human services may accept contributions and gifts and may

apply for and accept grants, in money or otherwise, to the program. Monetary contributions,

gifts, and grants must be deposited in the state treasury to be credited to the department of

health and human services operating account.
N.D. Cent. Code § 54-01-22 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-22
54-01-22. Persons not citizens
Status: in_force

54-01-22. Persons not citizens

Persons in this state who are not its citizens are either:

1. Citizens of other states; or

2. Aliens.
N.D. Cent. Code § 54-17-27 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-27
54-17-27. Grant program for home weatherization programs
Status: in_force

54-17-27. Grant program for home weatherization programs

The industrial commission or its designee shall administer a home weatherization grant

program to provide financial assistance to regional offices which administer the United States

department of energy home weatherization program. Grant moneys must be used for direct

consumer benefit programs to support labor and material costs for roof repair and heating plant

repair to effect energy conservation. No funds may be used for administrative purposes.
N.D. Cent. Code § 54-68-08 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-08
54-68-08. Guardianship and conservatorship limitations - Representation to the public - Exemption
Status: in_force

54-68-08. Guardianship and conservatorship limitations - Representation to the

public - Exemption.

1. A person may not serve as a guardian or a conservator for three or more adult

individuals at the same time unless that person is a licensed guardian or a licensed

conservator or has an agency permit. This subsection does not apply to an individual

appointed as a guardian or conservator for a family member.

2. A public guardian or a public conservator may not provide services to a minor unless

authorized by a proceeding under section 30.1-28-03.3.

3. A person must be a licensed guardian or a licensed conservator to offer guardianship

or conservatorship services to the public.

4. This section does not apply to:

a. A federal or state agency.

b. A financial institution under section 6-08.1-01 when appointed as a conservator.

c. Human service zones, including human service zone directors or human service

zone team members, as defined in section 50-01.1-01.

5. A person who violates this section after August 1, 2026, is guilty of a class B

misdemeanor.
N.D. Cent. Code § 54-12-29 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-29
54-12-29. Twenty-four seven sobriety program fund - Continuing appropriation
Status: in_force

54-12-29. Twenty-four seven sobriety program fund - Continuing appropriation

There is created the twenty-four seven sobriety program fund to be administered by the

attorney general. The fund includes appropriated funds; moneys received from grants from the

United States; agencies of this state; private grants, gifts, or donations; and program fees. The

funds are appropriated as a continuing appropriation to the attorney general for expenses

necessary for the administration and operation of the sobriety program, including staff support,

training and travel costs, computer software and hardware, testing equipment, and supplies.
N.D. Cent. Code § 54-30-10 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-10
54-30-10. Credit of state of North Dakota pledged for payment of bonds
Status: in_force

54-30-10. Credit of state of North Dakota pledged for payment of bonds

Upon the delivery of bonds purchased and paid for under the provisions of this chapter, the

faith and credit of the state of North Dakota is pledged for the payment thereof, both principal

and interest, to the lawful holder and owner thereof, upon presentment for payment.
N.D. Cent. Code § 54-17-07.11 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.11
54-17-07.11. Pledges
Status: in_force

54-17-07.11. Pledges

Any pledge made by the industrial commission acting in its capacity as the state housing

finance agency is valid and binding from the time the pledge is made. The money and property

pledged and received by the industrial commission acting in its capacity as the state housing

finance agency, except for general agency money or property, is immediately subject to the lien

of the pledge without any physical delivery thereof or further act, and the lien of any pledge is

valid and binding as against all parties having claims of any kind in tort, contract, or otherwise

against the industrial commission acting in its capacity as the state housing finance agency,

irrespective of whether the parties have notice thereof. Neither the resolution nor any other

instrument by which a pledge is created is required to be recorded to constitute constructive

notice of the existence of the pledge.
N.D. Cent. Code § 54-16-04.2 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-04.2
54-16-04.2. Commission may authorize acceptance and expenditure of state special funds and other sources
Status: repealed

54-16-04.2. Commission may authorize acceptance and expenditure of state special

funds and other sources.

Repealed by S.L. 2025, ch. 486, § 8.
N.D. Cent. Code § 54-27-19.2 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-19.2
54-27-19.2. Reporting of number of motor vehicles registered on Indian reservations - Use for determining each county's share of highway tax distribution fund
Status: in_force

54-27-19.2. Reporting of number of motor vehicles registered on Indian reservations -

Use for determining each county's share of highway tax distribution fund.

Before the tenth day of each month, each governing body of an Indian reservation having a

motor vehicle registration ordinance may report the number of motor vehicles registered on the

reservation to the director of the department of transportation. The director of the department of

transportation shall multiply the number of motor vehicles reported by a factor that represents

the portion of funds in the highway tax distribution fund derived from taxes on motor fuels and

other special fuels during the most recent fiscal year. The director of the department of

transportation shall report the resulting product to the state treasurer for incorporation into the

county distribution formula in subsection 2 of section 54-27-19 as follows:

1. Where the boundaries of the Indian reservation do not encompass more than one

county, the director of the department of transportation shall credit the total product to

that county.

2. Where the boundaries of the Indian reservation encompass more than one county, the

director of the department of transportation shall allocate the product to each county

containing a portion of the Indian reservation in the ratio of the number of reservation

registered motor vehicles in that county to the total of reservation registered motor

vehicles in all the counties containing a portion of that Indian reservation. If the number

of reservation registered motor vehicles in a county containing a portion of an Indian

reservation is not available, the director of the department of transportation shall

allocate the product to each county containing a portion of an Indian reservation in the

ratio of the number of miles of county roads, as designated under section 24-05-16,

within the county on the reservation to the total of the number of miles of county roads

on the reservation.
N.D. Cent. Code § 54-30-04 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-04
54-30-04. Bonds - Series designation - Terms - Execution
Status: in_force

54-30-04. Bonds - Series designation - Terms - Execution

Each issue of bonds must be designated by series figure or figures, or by series letter or

letters, or by a combination of both figures and letters, and such designation must be different

from that of every other issue. All mortgages securing the bond issues must be given a series

designation. Each of the bonds so issued must contain a recital that it is secured by real estate

first mortgages deposited with the state treasurer of North Dakota under this chapter which may

be cited as the Second Real Estate Bond Act of North Dakota. The bonds must be executed by

the governor and the state treasurer under the great seal of the state and must be attested by

the secretary of state. The state auditor and the secretary of state shall endorse and sign on

each bond issued a certificate showing that it was issued pursuant to law and is within the debt

limit. The bonds so issued must be designated "bonds of North Dakota, real estate series".
N.D. Cent. Code § 54-44.3-24 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-24
54-44.3-24. Application of chapter to existing employees
Status: in_force

54-44.3-24. Application of chapter to existing employees

All employees in positions which are in the classified service as defined in this chapter and

who, prior to July 1, 1975, have served continuously for a period of six months or more, or as

regular seasonal employees have satisfactorily served in such positions through one seasonal

service period, shall be certified to such positions, and grades and classifications, under the

personnel system, and shall not be subject to examination or trial service periods of

employment.
N.D. Cent. Code § 54-51-03 — ND Code / Title 54 / Chapter 54-51 / Section 54-51-03
54-51-03. Authority to interchange employees
Status: in_force

54-51-03. Authority to interchange employees

Any department, agency, or instrumentality of the state is authorized to participate in a

program of interchange of employees with departments, agencies, or instrumentalities of the

federal government, or another state, as a sending or receiving agency.
N.D. Cent. Code § 54-52.1-04.11 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.11
54-52.1-04.11. Insurance to cover foods and food products for inherited metabolic diseases
Status: repealed

54-52.1-04.11. Insurance to cover foods and food products for inherited metabolic

diseases.

Repealed by S.L. 2019, ch. 462, § 10.
N.D. Cent. Code § 54-52-17.12 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.12
54-52-17.12. Judges postretirement adjustments
Status: repealed

54-52-17.12. Judges postretirement adjustments

Repealed by S.L. 2001, ch. 495, § 5.
N.D. Cent. Code § 54-40.5-01 — ND Code / Title 54 / Chapter 54-40.5 / Section 54-40.5-01
54-40.5-01. Purpose
Status: in_force

54-40.5-01. Purpose

The purpose of this chapter is to provide procedures for political subdivisions by mutual

agreement to transfer the administrative, legal, and financial responsibility for any powers or

functions to the county, as authorized by section 10 of article VII of the Constitution of North

Dakota. Nothing in this chapter may be construed to affect the authority of political subdivisions

to enter into joint powers agreements for the cooperative or joint administration of powers or

functions or other contracts as permitted by law.
N.D. Cent. Code § 54-17.2-18 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-18
54-17.2-18. Validity of signature by officers
Status: in_force

54-17.2-18. Validity of signature by officers

Evidences of indebtedness must be executed by a member or members of the commission

as designated by the commission, or by facsimile signature and the manual signature of a

designated authenticating agent. Any evidences of indebtedness bearing the signature of

members in office at the date of signing are valid and binding for all purposes notwithstanding

that before delivery any person whose signature appears on the evidences of indebtedness has

ceased to be a member.
N.D. Cent. Code § 54-30-31 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-31
54-30-31. Consideration
Status: repealed

54-30-31. Consideration

Repealed by S.L. 1983, ch. 567, § 16.
N.D. Cent. Code § 54-52.1-04.10 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.10
54-52.1-04.10. Insurance to cover dental anesthesia and hospitalization
Status: repealed

54-52.1-04.10. Insurance to cover dental anesthesia and hospitalization

Repealed by S.L. 2019, ch. 462, § 10.
N.D. Cent. Code § 54-01-09.4 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-09.4
54-01-09.4. United States military installations - Concurrent jurisdiction
Status: in_force

54-01-09.4. United States military installations - Concurrent jurisdiction

1. The state accepts the relinquishment of exclusive legislative jurisdiction from the

United States in accordance with this section.

2. The state has concurrent legislative jurisdiction with the United States over any United

States military installation under the control of the United States which is located within

the boundaries of this state.

3. The concurrent legislative jurisdiction over a United States military installation under

this section is effective upon the governor's written acceptance of a request filed by the

principal officer, or other authorized representative who has supervision or control over

the military installation under chapter 159 of United States Code title 10 [10 U.S.C.

2683], of the military installation where concurrent legislative jurisdiction is sought,

relinquishing exclusive legislative jurisdiction and retaining concurrent legislative

jurisdiction over the military installation.

4. The governor may not accept a request filed under subsection 3 unless the request:

a. States the name, position, and authority of the individual requesting the cession;

b. States the subject matter for the concurrent jurisdiction request;

c. Describes by metes and bounds the United States military installation subject to

the concurrent legislative jurisdiction request; and

d. Indicates whether the request includes future contiguous expansions of land

acquired for military purposes.

5. If the governor accepts a request filed under subsection 3:

a. The governor's acceptance must state each element of the request which is

accepted; and

b. The governor shall submit the following documents to the secretary of state to

index and submit copies to the individual who filed the request for concurrent

legislative jurisdiction:

(1) The request for concurrent legislative jurisdiction;

(2) The governor's written acceptance of concurrent legislative jurisdiction; and

(3) A description by metes and bounds of the United States military installation

subject to the concurrent legislative jurisdiction.

6. The state may not incur or assume liability as a result of accepting concurrent

legislative jurisdiction under this section.

7. After concurrent legislative jurisdiction is established under this section, a state agency

or a political subdivision may enter a reciprocal agreement with a United States

agency to designate duties related to the concurrent legislative jurisdiction between

the parties.
N.D. Cent. Code § 54-35-02.5 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-02.5
54-35-02.5. Administrative rules committee
Status: in_force

54-35-02.5. Administrative rules committee

The legislative management, during each biennium, shall appoint an administrative rules

committee in the same manner as the legislative management appoints other interim

committees. The legislative management shall designate the chairman of the committee. The

committee shall operate according to the statutes and procedure governing the operation of

other legislative management interim committees. The membership of the administrative rules

committee must include at least one of the members who served during the most recently

completed regular session of the legislative assembly from each of the standing committees of

either the house of representatives or the senate.
N.D. Cent. Code § 54-17-34 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-34
54-17-34. Definitions
Status: in_force

54-17-34. Definitions

As used in sections 54-17-34 through 54-17-34.5:

1. "First-time farmer" means an individual who is a North Dakota resident who has not at

any time had any direct or indirect ownership interest in substantial farmland in the

operation of which the individual materially participated, who will be the principal user

of the farmland, and who will materially and substantially participate on the farm of

which the land is a part in the operation of the farm.

2. "Substantial farmland" means any parcel of land unless the parcel is smaller than thirty

percent of the median size of a farm in the county in which the parcel is located.
N.D. Cent. Code § 54-11-04 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-04
54-11-04. Records of state treasurer
Status: in_force

54-11-04. Records of state treasurer

The state treasurer shall keep the following records:

1. A record of all moneys received or paid out, showing from whom received or to whom

paid and on what account or fund.

2. A record that must keep an account with each fund.

3. A daily balance record that must show the amount in state depositories and the

amount in cash on hand.

4. Records must be created and published via electronic devices and must be in

compliance with state audit guidelines.

These records must be disposed of in accordance with the procedures established pursuant to
N.D. Cent. Code § 54-64-07 — ND Code / Title 54 / Chapter 54-64 / Section 54-64-07
54-64-07. Program reporting
Status: in_force

54-64-07. Program reporting

Quarterly, the fiscal agent on behalf of each community action agency participating in a

North Dakota individual development account under this chapter shall report to the division,

identifying the participants with accounts; the number of accounts; the amount of savings and

matches for each participant's account; the uses of the account; and the number of businesses,

homes, and educational services paid for with money from the account, as well as other

information that may be required for the division to administer the program.
N.D. Cent. Code § 54-34.3-07 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-07
54-34.3-07. Division of science and technology - Deputy director - Duties
Status: repealed

54-34.3-07. Division of science and technology - Deputy director - Duties

Repealed by S.L. 1997, ch. 48, § 19.
N.D. Cent. Code § 54-59-11.1 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-11.1
54-59-11.1. Information technology project planning
Status: in_force

54-59-11.1. Information technology project planning

Each executive branch state agency, excluding entities under the control of the state board

of higher education, considering the development of an information technology project with an

estimated cost of one hundred thousand dollars or more shall involve the information technology

department in the planning and study of the project. A state agency must receive a

recommendation from the information technology department prior to proceeding with any study

relating to the project.
N.D. Cent. Code § 54-52.1-04.12 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.12
54-52.1-04.12. Insurance to cover medical services related to intoxication
Status: repealed

54-52.1-04.12. Insurance to cover medical services related to intoxication

Repealed by S.L. 2019, ch. 462, § 10.
N.D. Cent. Code § 54-21-15 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-15
54-21-15. Regulations by board of administration for private institutions receiving state appropriations
Status: repealed

54-21-15. Regulations by board of administration for private institutions receiving

state appropriations.

Repealed by S.L. 1959, ch. 372, § 117.
N.D. Cent. Code § 54-59-06 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-06
54-59-06. Business plan
Status: in_force

54-59-06. Business plan

The department shall develop and maintain a business plan. The business plan must:

1. Define the department's overall organization, mission, and delivery of services.

2. Define the department's short-term and long-term goals and objectives based on

customer needs.

3. Outline the strategies and activities necessary to meet the goals and objectives of the

department while improving the efficiency of the department and improving service to

customers.

4. Define rates and funding mechanisms necessary to finance the proposed activities of

the department.

5. Define a method for evaluating progress toward the goals outlined in the business

plan.

6. Determine the specific strategies and processes to ensure that agencies share

information, systems, and the statewide network.

7. Address the processes that will be put in place to ensure that the department

exercises its powers and duties with minimal delay, cost, and procedural burden to an

entity receiving services from the department; to ensure that the department provides

prompt, high-quality services to an entity receiving services from the department; to

ensure that an entity receiving services from the department is aware of the

technology available and to ensure training on its use; and to foster information

technology innovation by state entities.
N.D. Cent. Code § 54-59-13 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-13
54-59-13. Compliance reviews
Status: repealed

54-59-13. Compliance reviews

Repealed by S.L. 2003, ch. 665, § 21.
N.D. Cent. Code § 54-17.2-02.1 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-02.1
54-17.2-02.1. Evidences of indebtedness conditions - Continued authority
Status: in_force

54-17.2-02.1. Evidences of indebtedness conditions - Continued authority

The commission may issue evidences of indebtedness subject to the condition that

payments under financing agreements shall begin no earlier than the first business day of the

biennium following the biennium of issuance. Although the authority to issue evidences of

indebtedness for specific projects may terminate, the commission may exercise all other powers

granted to the commission under this chapter and may comply with any covenants entered into

before the applicable termination date.
N.D. Cent. Code § 54-52-16 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-16
54-52-16. Insurance contracts - Trust agreements
Status: in_force

54-52-16. Insurance contracts - Trust agreements

For the purpose of establishing the funding agent or agents, the board may enter into an

insurance contract, agreement, or purchase an insurance policy or policies covering all or any

part of the retirement plan adopted, provided the assuring company is a North Dakota

corporation or authorized to do business in the state of North Dakota, or may enter into a

contract with any qualified trust company or companies, or combinations of insurance contracts

and trust contracts.
N.D. Cent. Code § 54-44.6-07 — ND Code / Title 54 / Chapter 54-44.6 / Section 54-44.6-07
54-44.6-07. Assistance to legislative and judicial branches
Status: in_force

54-44.6-07. Assistance to legislative and judicial branches

Upon request, the manager shall assist and advise in the establishment of forms

management programs in the legislative and judicial branches of state government and shall, as

required by them, provide services similar to those available to the executive branch of state

government.
N.D. Cent. Code § 54-69-04 — ND Code / Title 54 / Chapter 54-69 / Section 54-69-04
54-69-04. Advanced technology grant fund
Status: in_force

54-69-04. Advanced technology grant fund

The advanced technology grant fund is a special fund in the state treasury administered by

the department. Moneys in the fund must be used for providing grants and for the payment of

committee and department administrative expenses incurred related to the requirements of this

chapter, subject to legislative appropriations. Interest earned on moneys in the fund must be

credited to the fund.
N.D. Cent. Code § 54-60-16 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-16
54-60-16. International business and trade office - Advisory board
Status: repealed

54-60-16. International business and trade office - Advisory board

Repealed by S.L. 2021, ch. 46, § 13.
N.D. Cent. Code § 54-44-12 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-12
54-44-12. Deposit and disbursement of funds of occupational and professional boards - Appropriation
Status: in_force

54-44-12. Deposit and disbursement of funds of occupational and professional

boards - Appropriation.

All occupational and professional boards, associations, and commissions created by law

shall deposit all fees and other moneys received in any bank selected by the majority vote of the

governing body of the board, association, or commission. Checks may be drawn against the

bank account, opened pursuant to this section, for the authorized expenditures of the board,

association, or commission on the signature or signatures of the person or persons authorized

to so act by the governing body. All moneys in accounts opened pursuant to this section are

hereby appropriated for the use of the occupational or professional board, association, or

commission opening the account.
N.D. Cent. Code § 54-01.1-09 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-09
54-01.1-09. Administration
Status: in_force

54-01.1-09. Administration

In order to prevent unnecessary expense and duplication of functions, and to promote

uniform and effective administration of relocation assistance programs for displaced persons,

the state agency may enter into contracts with any individual, firm, association, corporation, or

limited liability company for services in connection with those programs, or may carry out its

functions under this chapter through any federal agency or any department or instrumentality of

the state or its political subdivisions having an established organization for conducting relocation

assistance programs. The state agency shall, in carrying out relocation activities described in

section 54-01.1-08, whenever practicable, utilize the services of state or local housing agencies,

or other agencies having experience in the administration or conduct of similar housing

assistance activities.
N.D. Cent. Code § 54-52.1-13 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-13
54-52.1-13. Uniform prescription drug cards
Status: in_force

54-52.1-13. Uniform prescription drug cards

The board shall provide for issuance of uniform prescription drug cards under a contract for

insurance pursuant to section 54-52.1-04 or under a self-insurance plan pursuant to section

54-52.1-04.2 in the same manner as provided under section 26.1-36-43.
N.D. Cent. Code § 54-23.3-01.1 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-01.1
54-23.3-01.1. Definitions
Status: in_force

54-23.3-01.1. Definitions

As used in this chapter:

1. "Director" means the director of the department of corrections and rehabilitation. The

director may designate officers of the department to assist in carrying out the director's

duties.

2. "Inmate" means an offender who the district court has committed to the legal and

physical custody of the department of corrections and rehabilitation and who is

confined in the North Dakota state penitentiary or its affiliated facilities or is confined in

another state's correctional facility, a federal correctional facility, a county correctional

facility or regional corrections center, a private correctional facility, or has been placed

in a community placement program, treatment facility, or transitional center by the

department.

3. "Juvenile offender" means an offender who is supervised by an officer of the juvenile

court or has been adjudicated unruly or delinquent by the juvenile court and placed in

the custody of the division of juvenile services.

4. "Offender" means a person who has been committed to the legal and physical custody

of the department of corrections and rehabilitation, or placed under the supervision

and management of the department by a district court, by the parole board, or through

the interstate compact for the supervision of adult offenders.

5. "Parolee" means an offender who has been placed under the supervision and

management of the department of corrections and rehabilitation by the parole board or

through the interstate compact for the supervision of adult offenders.

6. "Probationer" means an offender who has been placed under the supervision and

management of the department of corrections and rehabilitation by a district court or

through the interstate compact for the supervision of adult offenders.
N.D. Cent. Code § 54-59-08 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-08
54-59-08. Required use of wide area network services
Status: in_force

54-59-08. Required use of wide area network services

Each state agency and institution that desires access to wide area network services and

each county, city, and school district that desires access to wide area network services to

transmit voice, data, or video outside that county, city, or school district shall obtain those

services from the department. The chief information officer may exempt from the application of

this section a county, city, or school district that demonstrates its current wide area network

services are more cost-effective for or more appropriate for the specific needs of that county,

city, or school district than wide area network services available from the department. For

purposes of enhanced 911 and next generation 9-1-1 communications services, governmental

entities are exempt from the provisions of this section. In selecting enhanced 911 and next

generation 9-1-1 communication network providers, governmental entities shall select providers

that are cost-effective, demonstrably reliable, and which follow interoperable standards set by

the emergency services communications coordinating committee.
N.D. Cent. Code § 54-07-01.6 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-01.6
54-07-01.6. Governor to receive bills
Status: in_force

54-07-01.6. Governor to receive bills

The governor shall accept delivery of bills passed by the legislative assembly and presented

to the governor during regular business hours. The governor may coordinate with the presiding

officer of the senate or the presiding officer of the house of representatives with respect to the

delivery of senate or house bills outside normal business hours or during times the governor

anticipates being out of the office for more than three legislative days.
N.D. Cent. Code § 54-52-08 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-08
54-52-08. State income tax deductions
Status: in_force

54-52-08. State income tax deductions

For the purposes of state income tax, the assessment imposed by this chapter on the

employee must be treated in accordance with existing state statutes on state income tax.
N.D. Cent. Code § 54-23.3-02 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-02
54-23.3-02. Purpose
Status: in_force

54-23.3-02. Purpose

The purpose of the department of corrections and rehabilitation is:

1. To develop a statewide correctional philosophy that will provide direction, goals, and

standards for corrections.

2. To provide for the care, custody, discipline, training, and treatment of persons

committed to state correctional facilities and programs.

3. To coordinate and provide a continuum of correctional services to both adult and

juvenile clients.

4. To promote and develop close communication and mutual understanding of

corrections issues and concerns between the courts and the department.

5. To provide joint training of staff and career opportunities for corrections staff.

6. To work with local and state entities to develop alternatives to conventional

incarceration for those offenders who can be dealt with more effectively in less

restrictive, community-based facilities and programs.
N.D. Cent. Code § 54-01-11 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-11
54-01-11. Who has charge of property ceded by United States to state
Status: in_force

54-01-11. Who has charge of property ceded by United States to state

When any military reservation or Indian school reservation is ceded to the state of North

Dakota by the United States, the director of the office of management and budget shall take

charge of and care for the property until otherwise provided by law. The governor shall receipt to

the United States for any personal property transferred to the state.
N.D. Cent. Code § 54-34.3-14 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-14
54-34.3-14. International business and trade office - Advisory board
Status: repealed

54-34.3-14. International business and trade office - Advisory board

Repealed by S.L. 2007, ch. 493, § 9.
N.D. Cent. Code § 54-40-11 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-11
54-40-11. County social service board collocation with human service centers - Fiscal incentives
Status: repealed

54-40-11. County social service board collocation with human service centers - Fiscal

incentives.

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 54-16-11 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-11
54-16-11. Departmental emergency fund consideration
Status: repealed

54-16-11. Departmental emergency fund consideration

Repealed by S.L. 2003, ch. 670, § 10.
N.D. Cent. Code § 54-44.3-01 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-01
54-44.3-01. Purpose of chapter
Status: in_force

54-44.3-01. Purpose of chapter

The general purpose of this chapter is to create North Dakota human resource

management services in order to establish a unified system of human resource management for

the classified service of the state based upon merit principles and scientific methods, governing

the position classification, pay administration, and transfer of its employees. All appointments

and promotions to positions in the state classified service must be made without regard to sex,

race, color, national origin, age, religious affiliations, or political opinions on the basis of merit

and fitness.
N.D. Cent. Code § 54-16-04 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-04
54-16-04. May order transfer of moneys between funds - Line item transfers - Budget section approval
Status: in_force

54-16-04. May order transfer of moneys between funds - Line item transfers - Budget

section approval.

The emergency commission, upon the advice of the office of management and budget and

approval by the budget section of the legislative management, may order money or spending

authority transferred from one fund or line item to another fund or line item belonging to or

appropriated for the same institution or board or the same state enterprise. Any request

considered by the budget section must comply with section 54-35-02.9. The budget section,

when considering requests under this section, may approve the request in the form received

from the emergency commission or may amend and approve the request. A request amended

and approved by the budget section is deemed to be approved by the emergency commission.

Approval by the budget section is not required if the transfer is necessary to avoid an imminent

threat to the safety of people or property due to a natural disaster or war crisis or an imminent

financial loss to the state.
N.D. Cent. Code § 54-52.1-11 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-11
54-52.1-11. Confidentiality of employee records
Status: in_force

54-52.1-11. Confidentiality of employee records

In addition to the confidentiality requirements in section 26.1-36-12.4, information pertaining

to an eligible employee's group medical records for claims, employee premium payments made,

salary reduction amounts taken, history of any available insurance coverage purchased, and

amounts and types of insurance applied for under the supplemental life insurance coverage

under this chapter is confidential and is not a public record. The information and records may be

disclosed, under rules adopted by the board, only to:

1. A person to which the eligible employee has given written authorization to have the

information disclosed.

2. A person legally representing the eligible employee, upon proper proof of

representation, and unless the eligible employee specifically withholds authorization.

3. A person authorized by a court order.

4. A person to which the board is required to disclose information pursuant to federal or

state statutes or regulations.

5. Any person if the purpose of the disclosure is for treatment, payment, or health care

operations.
N.D. Cent. Code § 54-36-10 — ND Code / Title 54 / Chapter 54-36 / Section 54-36-10
54-36-10. North Dakota American Indian business development office
Status: in_force

54-36-10. North Dakota American Indian business development office

A North Dakota American Indian business development office is established within the

commission to assist North Dakota American Indian tribal and individual economic development

representatives, businesses, and entrepreneurs with access to state and federal programs

designed to assist these business interests. The commission shall cooperate with the

department of commerce in the administration of the office. The office shall provide services to

assist in the formation of partnerships between American Indian and non-American Indian

businesses. The commission may contract with a third party for the provision of services for the

office. If the commission contracts with a third party under this section, all data and databases

collected and created by the third party in performing services for the office are the property of

the commission and the third party.
N.D. Cent. Code § 54-24.3-14 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-14
54-24.3-14. Fiscal controls and reports
Status: in_force

54-24.3-14. Fiscal controls and reports

The board of a regional library cooperative shall develop appropriate accounting and record

management policies and procedures documenting the operations of the cooperative. These

policies and procedures must provide that:

1. All records for the regional library cooperative and board, including those of the board

treasurer, are to be maintained at the cooperative headquarters.

2. Copies of the regional library cooperative board minutes are sent to each member

library, the North Dakota library coordinating council, and the state librarian.

3. The fiscal year runs from July first to June thirtieth and financial records and activities

are maintained in accordance with accepted accounting practices. A record of all bills,

payments, and receipts must be presented to the regional library cooperative board by

the treasurer at regular meetings and at any other meeting as required by the board.

4. An annual report of cooperative operations, including an accounting of all revenues

and expenses, must be filed with the North Dakota library coordinating council and the

state librarian at the close of each fiscal year.
N.D. Cent. Code § 54-17-18 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-18
54-17-18. Testimony transcribed and filed in office of commission - Public record
Status: in_force

54-17-18. Testimony transcribed and filed in office of commission - Public record

The industrial commission shall cause the testimony taken at an investigation held under

the provisions of this chapter to be transcribed and filed in the office of the commission, at the

seat of government, within ten days after it is taken, or as soon thereafter as practicable. When

so filed it must be open for inspection by any person.
N.D. Cent. Code § 54-44.3-10 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-10
54-44.3-10. Action to secure compliance with chapter
Status: in_force

54-44.3-10. Action to secure compliance with chapter

The board may maintain such action or proceeding at law or in equity as the board

considers necessary or appropriate to secure compliance with this chapter and its rules and

orders thereunder. The attorney general may assign an assistant attorney general as legal

adviser and counsel to both the board and the division. The attorney general is responsible for

representing the personnel system in all legal contexts.
N.D. Cent. Code § 54-40.4-07 — ND Code / Title 54 / Chapter 54-40.4 / Section 54-40.4-07
54-40.4-07. Manner of calling and holding elections
Status: in_force

54-40.4-07. Manner of calling and holding elections

The elections provided for in this chapter are subject to the laws applicable to other

elections. All qualified electors of any affected county and city are eligible to vote at the election.

The charter commission, for proposals to adopt a home rule charter, or the governing body, for

proposals to amend or repeal a home rule charter, shall prescribe the form of ballot so that the

voter may signify whether the voter is for or against the proposed home rule charter or the

amendment or repeal.
N.D. Cent. Code § 54-30-07 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-07
54-30-07. Bonds - Where payable - Presentment for payment
Status: in_force

54-30-07. Bonds - Where payable - Presentment for payment

The principal and interest of bonds issued under this chapter must be payable at or by the

office of the state treasurer in Bismarck, or at or by a bank or trust company designated in

accordance with section 54-30-16. Each bond and coupon must be presented at the office

where the same is payable within ten years from the date of its maturity.
N.D. Cent. Code § 54-24.2-01 — ND Code / Title 54 / Chapter 54-24.2 / Section 54-24.2-01
54-24.2-01. Eligibility
Status: in_force

54-24.2-01. Eligibility

Public libraries eligible to receive financial aid under this chapter are limited to those public

libraries that:

1. Apply to the state library for such financial aid.

2. Are established and operated in accordance with chapter 40-38.

3. Participate in the North Dakota network for knowledge interlibrary loan and information

network.

4. Complete and submit the annual report required under section 54-24.2-06 for the

previous calendar year.
N.D. Cent. Code § 54-44.1-12 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-12
54-44.1-12. Control over rate of expenditures
Status: in_force

54-44.1-12. Control over rate of expenditures

1. The director of the budget shall exercise continual control over the execution of the

budget affecting the departments and agencies of state government, with the

exception of the legislative and judicial branches. Execution means the analysis and

approval of all commitments for conformity with the program provided in the budget,

frequent comparison of actual revenues and budget estimates, and on the basis of

these analyses and comparisons control the rate of expenditures through a system of

allotments. The allotment must be made by specific fund and all departments and

agencies that receive moneys from that fund must be allotted on a uniform percentage

basis except as follows:

a. The following appropriations may be allotted only to the extent that the allotment

can be offset by transfers from the foundation aid stabilization fund:

(1) General fund appropriations to the department of public instruction for state

school aid, transportation aid, and special education aid; and

(2) General fund appropriations to the department of career and technical

education for grants to school districts.

b. After allotments of two and one-half percent have been ordered during a

biennium, the director of the budget may exempt the following appropriations

from up to one percent of an allotment each biennium:

(1) General fund appropriations to the department of corrections and

rehabilitation; and

(2) General fund appropriations to the department of health and human

services for direct care programs.

2. Before an allotment is made which will reduce the amount of funds which can be

disbursed pursuant to an appropriation or before an allotment disallowing a specific

expenditure is made, the director shall find one or more of the following circumstances

to exist:

a. The moneys and estimated revenues in a specific fund from which the

appropriation is made are insufficient to meet all legislative appropriations from

the fund.

b. The payment or the obligation incurred is not authorized by law.

c. The expenditure or obligation is contrary to legislative intent as recorded in any

reliable legislative records, including:

(1) Statements of legislative intent expressed in enacted appropriation

measures or other measures enacted by the legislative assembly; and

(2) Statements of purpose of amendment explaining amendments to enacted

appropriation measures, as recorded in the journals of the legislative

assembly.

d. Circumstances or availability of facts not previously known or foreseen by the

legislative assembly which make possible the accomplishment of the purpose of

the appropriation at a lesser amount than that appropriated.
N.D. Cent. Code § 54-03-02.2 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-02.2
54-03-02.2. Virtual session of the legislative management and legislative assembly during emergency or disaster
Status: in_force

54-03-02.2. Virtual session of the legislative management and legislative assembly

during emergency or disaster.

1. If the legislative management meets to vote on whether the legislative management

should request the governor call a special session of the legislative assembly, the

legislative management may use any technology or electronic means available to

conduct meetings and transact legislative business.

2. If the governor calls a special session of the legislative assembly to address a state of

emergency or disaster or if the legislative assembly reconvenes to address a state of

emergency or disaster, the legislative assembly may use any technology or electronic

means available to conduct meetings and transact legislative business.

3. For purposes of section 7 of article IV of the Constitution of North Dakota, a meeting of

the legislative assembly which occurs under this section is deemed to have occurred

at the seat of the government, and all actions taken during the meeting have the same

legal effect as if the members of the legislative assembly were physically present at

the seat of government.
N.D. Cent. Code § 54-27-15.2 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-15.2
54-27-15.2. Subsequent payment
Status: repealed

54-27-15.2. Subsequent payment

Repealed by S.L. 1959, ch. 372, § 117.
N.D. Cent. Code § 54-40-05 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-05
54-40-05. Agreement shall provide for disposition of property
Status: in_force

54-40-05. Agreement shall provide for disposition of property

Such agreement must provide for the disposition of any property acquired as the result of

such joint or cooperative exercise of powers, and the return of any surplus moneys in proportion

to contributions of the several contracting parties after the purpose of the agreement has been

completed.
N.D. Cent. Code § 54-17-13 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-13
54-17-13. Compensation of employees and expenditures remain within appropriation
Status: in_force

54-17-13. Compensation of employees and expenditures remain within appropriation

The total compensation of the appointees and employees of each utility, industry, enterprise,

or business project established, owned, undertaken, administered, or operated by the state,

together with other expenditures for the operation and maintenance thereof, must remain within

the appropriation and earnings lawfully available in each year for such purposes.
N.D. Cent. Code § 54-60.2-02 — ND Code / Title 54 / Chapter 54-60.2 / Section 54-60.2-02
54-60.2-02. Purpose of grants
Status: in_force

54-60.2-02. Purpose of grants

1. A grant awarded under section 54-60.2-01 may be used at the discretion of the

college:

a. To develop or enhance programs that assist in providing certificates or degrees to

North Dakota students attending the college that qualify the student to obtain jobs

for which applicants are being sought within the state, as identified by the

department of commerce, job service North Dakota, or any of the federally

recognized Indian tribes within North Dakota;

b. To assist any North Dakota student attending the college to establish, or to assist

in establishing, a new business operating within North Dakota that will employ

North Dakota citizens; or

c. To develop or enhance career and technical education programs.

2. Any funds provided to tribally controlled community colleges must be used to

supplement, not supplant, an existing program or funding source of the college.
N.D. Cent. Code § 54-02-22 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-22
54-02-22. State vegetable
Status: in_force

54-02-22. State vegetable

Rhubarb, rheum rhabarbarum, is the official vegetable of the state of North Dakota.
N.D. Cent. Code § 54-52-11.1 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-11.1
54-52-11.1. Vesting of employer contributions
Status: in_force

54-52-11.1. Vesting of employer contributions

Except for supreme and district court judges, who are not eligible for benefits under this

section, a member's account balance includes vested employer contributions equal to the

member's contributions to the deferred compensation plan for public employees under chapter

54-52.2, or member contributions to other participating employer supplemental Internal

Revenue Code section 457 or 403(b) retirement programs as approved by the board, with the

minimum member contribution being twenty-five dollars. However, the vested employer

contribution may not exceed:

1. For months one through twelve of service credit, twenty-five dollars or one percent of

the member's monthly salary, whichever is greater.

2. For months thirteen through twenty-four of service credit, twenty-five dollars or two

percent of the member's monthly salary, whichever is greater.

3. For months twenty-five through thirty-six of service credit, twenty-five dollars or three

percent of the member's monthly salary, whichever is greater.

4. For service exceeding thirty-six months, twenty-five dollars or four percent of the

member's monthly salary, whichever is greater.

5. The vested employer contribution may not exceed four percent of the member's

monthly salary.

Vested employer contributions must be credited monthly to the member's account balance.
N.D. Cent. Code § 54-27-16 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-16
54-27-16. Permission of industrial commission necessary for investment of public funds
Status: in_force

54-27-16. Permission of industrial commission necessary for investment of public

funds.

No officer, nor the head of any board, bureau, commission, institution, or industry of the

state, except the Bank of North Dakota, may buy, sell, exchange, or in any manner acquire or

dispose of any stocks, bonds, certificates of indebtedness, notes, mortgages, or other evidence

of debt, in which any of the public funds of said officer, board, bureau, commission, institution,

department, or industry are or may be invested, without first having obtained permission from

the industrial commission of the state. Such permission must be granted by a resolution duly

adopted. The provisions of this section do not apply to loans and investments made by the

board of university and school lands or by the state investment board on behalf of the funds

enumerated in section 21-10-06.
N.D. Cent. Code § 54-44.7-02 — ND Code / Title 54 / Chapter 54-44.7 / Section 54-44.7-02
54-44.7-02. Applicability - Policy
Status: in_force

54-44.7-02. Applicability - Policy

Architect, engineer, construction management, and land surveying services must be

procured as provided in this chapter. It is the policy of this state that all North Dakota state

agencies shall negotiate contracts for services on the basis of demonstrated competence and

qualification for the particular type of services required.
N.D. Cent. Code § 54-01-05.3 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-05.3
54-01-05.3. Attorney general to review bills providing for sale of land - Commissioner of university and school lands to render opinion on land use
Status: repealed

54-01-05.3. Attorney general to review bills providing for sale of land - Commissioner

of university and school lands to render opinion on land use.

Repealed by S.L. 1981, ch. 516, § 4.
N.D. Cent. Code § 54-07-01.3 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-01.3
54-07-01.3. Governor to coordinate conversion to metric system by executive branch
Status: in_force

54-07-01.3. Governor to coordinate conversion to metric system by executive branch

The office of the governor may coordinate and plan for conversion to the metric system by

all agencies, boards, commissions, and departments within the executive branch of state

government in conformance with the Metric Conversion Act of 1975 [Pub. L. 94-168; 89 Stat.

1007; 15 U.S.C. 205a et seq.]. The governor may direct such agencies, departments, boards,

and commissions to comply with any guidelines established by the United States metric board

to meet the desired deadline for converting to general use of the metric system.
N.D. Cent. Code § 54-17-25 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-25
54-17-25. Bonds authorized - Establishment of secondary market program
Status: in_force

54-17-25. Bonds authorized - Establishment of secondary market program

Whenever the industrial commission decides that it is in the public interest to diminish the

investment of state funds in United States government guaranteed or reinsured or North Dakota

guaranteed student loans, that it will be difficult to divest the state of appreciable amounts of

such loans by piecemeal offering to the investing and saving public, that business conditions are

favorable to a state-sponsored program to consolidate state-held student loans, and to enlarge

private participation in such loans, or that the public will otherwise benefit, the commission may

by plenary resolution duly adopted in accordance with the provisions hereof authorize

preparation, sale, and issuance of revenue bonds of North Dakota in such amounts and at such

times and in such form, which may include the issuance of bonds the interest income on which

is subject to federal income taxes, as the commission shall determine to be for the public good.

The industrial commission may issue subordinate or residual bonds whenever the industrial

commission determines that it is appropriate or expedient to do so and the bonds may contain

such terms and provisions as the commission may determine. The commission may refund and

refinance the bonds from time to time as often as it is advantageous and in the public interest to

do so. The bonds shall be a charge upon a sufficient designated portion of the resources of the

student loan trusts, subject only to necessary administrative expenses of the trusts duly

appropriated out of the interest earning resources thereof. The bonds may bear such rate or

rates of interest as the commission may provide. The bonds must have all of the qualities and

incidents of negotiable paper and are not subject to taxation by the state of North Dakota or by

any county, municipality, or political subdivision therein. The bonds must be payable solely out

of the separate resources generated respectively from collection of payments on and earnings

and proceeds of United States government guaranteed or reinsured or North Dakota

guaranteed student loans, and must respectively so recite. They are not indebtedness of the

state of North Dakota or of any agency, board, department, or officer or agent thereof. Without

limiting the foregoing, the commission may request the organization of a nonprofit corporation

meeting the requirements of the Internal Revenue Code of 1954, as amended and redesignated

as the Internal Revenue Code of 1986 [Pub. L. 99-54], and as it may be amended from time to

time, and enter into one or more agreements with such corporation providing for the

establishment of a secondary market program in the state of North Dakota for the acquisition by

the corporation of such loans made pursuant to title IV, part B of the Higher Education Act of

1965 [Pub. L. 89-329; 79 Stat. 1236; Pub. L. 99-498; 100 Stat. 1353; 20 U.S.C. 1001 et seq.],

as amended through December 31, 1996, as the commission shall, in its discretion, deem

advisable.
N.D. Cent. Code § 54-03-01.6 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.6
54-03-01.6. State legislative apportionment
Status: repealed

54-03-01.6. State legislative apportionment

Repealed by S.L. 1981, ch. 804, § 9.
N.D. Cent. Code § 54-03-01.8 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.8
54-03-01.8. Staggering of the terms of senators
Status: repealed

54-03-01.8. Staggering of the terms of senators

Repealed by S.L. 2011, ch. 582, § 3.
N.D. Cent. Code § 54-05.1-07 — ND Code / Title 54 / Chapter 54-05.1 / Section 54-05.1-07
54-05.1-07. Penalty
Status: in_force

54-05.1-07. Penalty

Any person who violates any provisions of this chapter is guilty of a class B misdemeanor

except that a violation of section 54-05.1-02 or 54-05.1-03 is an infraction. Whether a person is

subjected to criminal prosecution under this section, and in addition to the registration fee that

may be assessed when the person submits the registration to the secretary of state, the person

may be assessed a civil penalty by the secretary of state, following written notice to the person

of an intent to assess the penalty, in an amount not to exceed two times the amount set forth in

subdivision e of subsection 1 of section 54-05.1-03 which is chargeable to a lobbyist. Any civil

penalty must be assessed and collected before a person is issued a certificate of registration.

The assessment of a civil penalty may be appealed to the district court of the person's county of

residence or Burleigh County, but only on the basis that the secretary of state's administrative

determination that the person acted as a lobbyist when not registered as a lobbyist was clearly

erroneous.
N.D. Cent. Code § 54-35-07 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-07
54-35-07. Records - Reports
Status: in_force

54-35-07. Records - Reports

The legislative management shall keep minutes of its meetings and a record of all its

transactions and shall at the beginning of each biennial legislative session, and may at any

other time, make a report of its activities and recommendations to the members of the legislative

assembly and to the governor.
N.D. Cent. Code § 54-59-30 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-30
54-59-30. Immunity for reliance on data from the health information exchange
Status: in_force

54-59-30. Immunity for reliance on data from the health information exchange

A health care provider that relies in good faith upon any information provided through the

health information exchange in the treatment of a patient is immune from criminal or civil liability

arising from any damages caused by that good-faith reliance. The immunity granted under this

section does not apply to acts or omissions constituting gross negligence or reckless, wanton,

or intentional misconduct.
N.D. Cent. Code § 54-21-29 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-29
54-21-29. Contract for services - Property management
Status: in_force

54-21-29. Contract for services - Property management

A property management business that enters a contract to provide services to a state entity

with an office located on state property or leased property used by a state entity under this

chapter shall include a list of all the owners of the business providing the service, including each

individual with an ownership interest in a business that directly or indirectly owns the business if

the individual's aggregate ownership interest in the business is ten percent or more.
N.D. Cent. Code § 54-40-07 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-07
54-40-07. Clarification of constitutional authority and effect of other statutes
Status: repealed

54-40-07. Clarification of constitutional authority and effect of other statutes

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 54-59-39 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-39
54-59-39. State agencies - Mandatory provision of information - Confidentiality
Status: in_force

54-59-39. State agencies - Mandatory provision of information - Confidentiality

1. The information technology department may request from any state agency:

a. All information required by 20 U.S.C. 9871(e)(2)(D);

b. Any other educational information required for a longitudinal data system to

comply with state or federal law; and

c. Unemployment insurance wage data from job service North Dakota for education

and workforce development program evaluations, except that the information

technology department may not redisclose any data identifying an individual

unless the redisclosure is expressly permitted by a written agreement between

job service North Dakota and the department or is otherwise expressly permitted

or required by federal or state law.

2. A state agency providing information requested under subsection 1 shall enter an

interagency agreement with the department which identifies applicable federal and

state privacy laws and agency-established restrictions relating to its confidential

information the agency has determined is required to comply with federal and state

privacy laws.

3. Subject to applicable restrictions on the use and disclosure of confidential information

required to comply with federal and state privacy laws and the terms of the interagency

agreement, any state agency receiving a request for information under subsection 1

shall provide the information at the time and in the manner required by the information

technology department.
N.D. Cent. Code § 54-23.4-10 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-10
54-23.4-10. Award and payment of compensation
Status: in_force

54-23.4-10. Award and payment of compensation

1. An award may be made whether or not any person is prosecuted or convicted. Proof

of conviction of a person whose acts give rise to a claim is conclusive evidence that

the crime was committed, unless an application for rehearing, an appeal of the

conviction, or certiorari is pending, or a rehearing or new trial has been ordered.

2. The division may suspend the proceedings pending disposition of a criminal

prosecution that has been commenced or is imminent, but may make a tentative

award under section 54-23.4-14.

3. A claim for crime victims compensation benefits is presumed closed if the division has

not paid any benefit or received a demand for payment of benefits for a period of five

years from the date a payment was last made on a claim. A claim that is presumed

closed may not be reopened for payment of any further benefits unless the

presumption is rebutted by a preponderance of the evidence that the criminally

injurious conduct is the principal cause of the current symptoms.

4. A claim for crime victims compensation benefits must be closed ten years after

benefits have last been paid and may not be reopened.

5. This section applies to all claims for crime victims compensation benefits, irrespective

of the date of the criminally injurious conduct.
N.D. Cent. Code § 54-52.1-04.17 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.17
54-52.1-04.17. Self-insurance health plan - Bank of North Dakota line of credit - Continuing appropriation
Status: in_force

54-52.1-04.17. Self-insurance health plan - Bank of North Dakota line of credit -

Continuing appropriation.

The Bank of North Dakota shall extend to the board a line of credit not to exceed fifty million

dollars. The board shall repay the line of credit from health insurance premium revenue or repay

the line of credit from other funds appropriated by the legislative assembly. The board may

access the line of credit to the extent necessary to provide adequate claims payment funds, to

purchase stop-loss coverage, and to defray other expenditures of administration of the self-

insurance health plan. All loan funds received by the board from the Bank under this section, not

otherwise appropriated, are appropriated to the board for the repayment of claims and other

costs of the uniform group insurance program.
N.D. Cent. Code § 54-23.4-01 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-01
54-23.4-01. Definitions
Status: in_force

54-23.4-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Bodily injury" means any harm that requires medical treatment and results in

economic loss and includes pregnancy and nervous shock.

2. "Claimant" means a victim, a dependent of a deceased victim, or a representative of

either, who claims compensation under this chapter.

3. "Collateral source" means a source of benefits or advantages for economic loss

otherwise reparable under this chapter which the claimant has received, or which is

readily available to the claimant. The first twenty-five thousand dollars of a life

insurance policy are not a collateral source if they are payable to a dependent

beneficiary or to a parent, legal guardian, or conservator of a dependent victim.

4. "Criminally injurious conduct" means conduct that results in bodily injury or death, and

is punishable by fine, imprisonment, or death, or would be so punishable but for the

fact that the person engaging in the conduct was a minor or lacked capacity to commit

the crime. The term includes an act of terrorism, as defined under Public Law

No. 102-572 [106 Stat. 4506; 18 U.S.C. 2331], committed outside of the United States

against a resident of this state. The term does not include conduct arising out of the

ownership, maintenance, or use of a motor vehicle except when intended to cause

personal injury or death or when the division determines that the conduct was in

violation of section 12.1-16-02, 12.1-16-03, 39-08-01, 39-08-03, 39-08-04, or

39-08-06.

5. "Dependent" means a natural person wholly or partially dependent upon a victim for

care or support and includes a child of a victim born after the victim's death.

6. "Division" means the division of adult services of the department of corrections and

rehabilitation.

7. "Economic loss" means economic detriment consisting only of allowable expense,

work loss, replacement services loss, and, if injury causes death, dependent's

economic loss and dependent's replacement services loss. Noneconomic detriment is

not loss. The term includes economic detriment caused by pain and suffering or

physical impairment.

a. "Allowable expense" means reasonable charges incurred for reasonably needed

products, services, and accommodations required due to the injury, including

those for medical care, rehabilitation, rehabilitative occupational training, and

other remedial treatment and care. The term includes a total charge not in excess

of five thousand dollars for expenses in any way related to funeral, cremation,

and burial. The term does not include that portion of a charge for a room in a

hospital, clinic, convalescent or nursing home, or any other institution engaged in

providing nursing care and related services, in excess of a reasonable and

customary charge for semiprivate accommodations, unless the excess represents

costs of other accommodations that are medically required.

b. "Dependent's economic loss" means loss after a victim's death of contributions of

things of economic value to a victim's dependent, not including services the

dependent would have received from the victim if the victim had not suffered the

fatal injury, less expenses of the dependent avoided by reason of the victim's

death.

c. "Dependent's replacement services loss" means loss reasonably incurred by a

dependent after a victim's death in obtaining ordinary and necessary services in

lieu of those the victim would have performed for the dependent's benefit if the

victim had not suffered the fatal injury, less expenses of the dependent avoided

by reason of the victim's death and not subtracted in calculating the dependent's

economic loss.

d. "Noneconomic detriment" means pain, suffering, inconvenience, physical

impairment, and other nonpecuniary damage.

e. "Replacement services loss" means expenses reasonably incurred in obtaining

ordinary and necessary services in lieu of those the victim would have performed,

not for income but for the benefit of the victim or the victim's family, if the victim

had not been injured.

f. "Work loss" means loss of income from work the victim would have performed if

the victim had not been injured, and expenses reasonably incurred by the victim

in obtaining services in lieu of those the victim would have performed for income,

reduced by any income from substitute work actually performed by the victim or

by income the victim would have earned in available appropriate substitute work

the victim was capable of performing but unreasonably failed to undertake.

8. "Victim" means a person who suffers bodily injury or death as a result of criminally

injurious conduct, the good-faith effort of any person to prevent criminally injurious

conduct, or the good-faith effort of any person to apprehend a person suspected of

engaging in criminally injurious conduct. The term includes a resident of this state who

is injured or killed by an act of terrorism, as defined under Public Law No. 102-572

[106 Stat. 4506; 18 U.S.C. 2331], committed outside of the United States. The term

does not mean a person who suffers bodily injury or death as a result of operating a

motor vehicle, when, at the time of the injury or death, the person was not in

compliance with applicable state laws and rules concerning motor vehicle insurance

coverage and the person was at least partially at fault for causing the accident.
N.D. Cent. Code § 54-35-02.9 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-02.9
54-35-02.9. Budget section - Appointment - Powers and duties
Status: in_force

54-35-02.9. Budget section - Appointment - Powers and duties

1. To provide for flexibility in the management of state funds between regular sessions of

the legislative assembly and to minimize the need for and the expense of a special

session, the legislative management, during each biennium, shall appoint a budget

section.

2. The membership of the budget section must include:

a. The majority leader and the assistant majority leader of the house of

representatives;

b. The majority leader and the assistant majority leader of the senate;

c. The minority leader and the assistant minority leader of the house of

representatives;

d. The minority leader and the assistant minority leader of the senate;

e. The speaker of the house of representatives; and

f. Each member of the legislative assembly appointed to serve on the

appropriations committees of the house of representatives and the senate.

3. The legislative management shall designate the chairman of the budget section. The

budget section shall operate according to the statutes and procedures governing the

operation of other legislative management interim committees. The budget section

shall meet at least quarterly upon the call of the chairman.

4. The legislative assembly, by law, may provide the authority for the budget section to

approve specific actions, projects, and transfers.

5. a. When evaluating state agency requests, the budget section shall consider criteria

applicable to the request, including whether:

(1) The request is for a specific purpose;

(2) The request is for a specific amount of funds and for a specific time frame,

not to continue beyond the end of the current biennium;

(3) The request conforms with legislative intent;

(4) The request is consistent with related statutory provisions;

(5) The request supports state priorities;

(6) The request improves state efficiencies and promotes effective state

government;

(7) If the request is for a new program, the program does not extend beyond the

current biennium; and

(8) The request addresses a state emergency.

b. The budget section shall gather documentation that addresses each of the

applicable criterion included in subdivision a from the agency requesting budget

section approval.
N.D. Cent. Code § 54-54-06 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-06
54-54-06. Hearings - Contracts - Gifts
Status: in_force

54-54-06. Hearings - Contracts - Gifts

The council is hereby authorized and empowered to hold public hearings, to enter into

contracts, within the limit of funds available therefor, with individuals, organizations, and

institutions for services furthering the educational objectives of the council's programs; to enter

into contracts, within the limit of funds available therefor, with local and regional associations for

joint endeavors furthering the educational objectives of the council's programs; to accept gifts,

contributions, and bequests of unrestricted funds from individuals, foundations, corporations,

limited liability companies, and other organizations or institutions for the purpose of furthering

the educational objectives of the council's programs; to make and sign any agreements; and to

do and perform any acts that may be necessary to carry out the purposes of this chapter. The

council may request and may receive from any department, division, board, bureau,

commission, or agency of the state such information and data as will enable it to properly carry

out its powers and duties.
N.D. Cent. Code § 54-10-25.1 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-25.1
54-10-25.1. Reporting noncompliance - Confidentiality
Status: in_force

54-10-25.1. Reporting noncompliance - Confidentiality

Information that reasonably may be used to identify an individual who reported suspected or

potential violations of law or other irregularities to the state auditor is a confidential record under

section 44-04-17.1.
N.D. Cent. Code § 54-03-06 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-06
54-03-06. Chairman of committee may administer oath
Status: in_force

54-03-06. Chairman of committee may administer oath

Any member of a committee or interim committee of the legislative assembly, while acting

as chairman of such committee, may administer oaths to such persons as shall be examined

before the committee of which the chairman is a member.
N.D. Cent. Code § 54-64-06 — ND Code / Title 54 / Chapter 54-64 / Section 54-64-06
54-64-06. Consideration for assistance programs
Status: in_force

54-64-06. Consideration for assistance programs

A state-administered, means-tested program may not adversely consider a household's

individual development account savings and matching funds in determining eligibility for the

program.
N.D. Cent. Code § 54-24-06 — ND Code / Title 54 / Chapter 54-24 / Section 54-24-06
54-24-06. Records kept by commission - Report to the governor and secretary of state
Status: repealed

54-24-06. Records kept by commission - Report to the governor and secretary of

state.

Repealed by S.L. 1965, ch. 352, § 10.
N.D. Cent. Code § 54-30-03 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-03
54-30-03. State treasurer to inspect assignment and prepare bonds - Governor and treasurer to issue bonds
Status: in_force

54-30-03. State treasurer to inspect assignment and prepare bonds - Governor and

treasurer to issue bonds.

Upon receiving the assignments provided for in section 54-30-02, the state treasurer shall

notify the governor, the state auditor, and the secretary of state, each of whom immediately shall

inspect them or cause them to be inspected. Thereupon, the state treasurer immediately shall

prepare for issue, and the governor and the state treasurer thereafter shall issue, negotiable

bonds of North Dakota in an amount not exceeding the principal amount remaining unpaid of

the outstanding loans secured by the mortgages so delivered to the state treasurer plus costs of

issuance and any reasonably required reserve funds.
N.D. Cent. Code § 54-44.5-09 — ND Code / Title 54 / Chapter 54-44.5 / Section 54-44.5-09
54-44.5-09. Office of renewable energy and energy efficiency
Status: in_force

54-44.5-09. Office of renewable energy and energy efficiency

The office of renewable energy and energy efficiency is established within the division of

community services. The office shall assist in the development of renewable energy within this

state to provide secure, diverse, sustainable, and competitive renewable energy supplies and

promote the conservation of energy and the wise use of energy resources in both the public and

private sectors. The office shall communicate and disseminate information concerning state and

federal energy conservation and renewable energy incentives, including tax credits, financing

and grants to business entities seeking to invest in wind-generated power and transmission,

ethanol production and distribution, and the development of biodiesel, green diesel, biomass,

solar, hydropower, geothermal, and other renewable energy sources.
N.D. Cent. Code § 54-46.1-02 — ND Code / Title 54 / Chapter 54-46.1 / Section 54-46.1-02
54-46.1-02. Transfer of equipment - Exception - Alternative services
Status: repealed

54-46.1-02. Transfer of equipment - Exception - Alternative services

Repealed by S.L. 1991, ch. 614, § 9.
N.D. Cent. Code § 54-17-29 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-29
54-17-29. Commission loan guarantees for seller-sponsored loans between landowners and beginning farmers
Status: repealed

54-17-29. Commission loan guarantees for seller-sponsored loans between

landowners and beginning farmers.

Repealed by S.L. 1983, ch. 126, § 2.
N.D. Cent. Code § 54-59.1-07 — ND Code / Title 54 / Chapter 54-59.1 / Section 54-59.1-07
54-59.1-07. Disclosure to the legislative management
Status: in_force

54-59.1-07. Disclosure to the legislative management

The department shall report to the legislative management all disclosed cybersecurity

incidents as required by this chapter, including the status of the cybersecurity incident and any

response or remediation to mitigate the cybersecurity incident. The department shall ensure all

reports of disclosed cybersecurity incidents are communicated in a manner that protects victims

of cybersecurity incidents, prevents unauthorized disclosure of cybersecurity plans and

strategies, and adheres to federal and state laws regarding protection of cybersecurity

information.
N.D. Cent. Code § 54-17-07.6 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.6
54-17-07.6. Acceptance of grants, contributions, loans, or other aid
Status: in_force

54-17-07.6. Acceptance of grants, contributions, loans, or other aid

Acting in its capacity as a state housing finance agency, the industrial commission may

contract for, accept, and administer any grant, contribution, or loan of funds, property, or other

aid in any form from the federal government or from any other source, and may do all things

necessary to qualify for any grant, contribution, or loan under any federal program, including

those things necessary to qualify for assistance under the federal housing programs in effect

from time to time. Upon submission of written notice to the industrial commission, a housing

authority established under chapter 23-11 may elect to exercise the authority granted to the

industrial commission under this section and preempt the industrial commission from acting with

regard to tenant-based housing certificates and vouchers or successor programs within the area

of operation of that housing authority or may elect to enter an agreement with the industrial

commission to accept, exercise, and administer any housing aid or assistance upon the terms

and conditions agreed upon by the parties. For the purposes of this section, "area of operation"

includes any political subdivision that lawfully contracts with the local housing authority to act as

a local housing authority for that political subdivision and any political subdivision that has its

certificates and vouchers or successor programs assigned by the industrial commission to the

local housing authority under an agreement between the local housing authority and the

industrial commission.
N.D. Cent. Code § 54-10-13 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-13
54-10-13. Political subdivisions - Audits - State auditor powers
Status: in_force

54-10-13. Political subdivisions - Audits - State auditor powers

The state auditor shall perform audits of political subdivisions pursuant to section 54-10-14

unless otherwise requested by the governing board, ordered by the governor or the legislative

audit and fiscal review committee, or on petition pursuant to section 54-10-15, or at the

discretion of the state auditor for alleged improprieties.
N.D. Cent. Code § 54-07-08 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-08
54-07-08. North Dakota youth council - Creation
Status: in_force

54-07-08. North Dakota youth council - Creation

Expired under S.L. 2009, ch. 461, § 5.
N.D. Cent. Code § 54-69-03 — ND Code / Title 54 / Chapter 54-69 / Section 54-69-03
54-69-03. Advanced technology grant program - Eligibility - Use of funds
Status: in_force

54-69-03. Advanced technology grant program - Eligibility - Use of funds

1. The department shall administer the advanced technology grant program to provide

grants for activities identified in this chapter. The department shall provide

administrative support for the program, including the drafting of application forms,

receiving applications, reviewing applications for completeness and compliance with

committee policy, and forwarding complete applications to the committee in

accordance with the guidelines established by the committee.

2. The committee shall establish guidelines for entities to qualify for an advanced

technology grant under this section. Program guidelines relating to ownership of

intellectual property, inventions, and discoveries must address activities and issues

unique to technologies, patents, and companies created as a result of an advanced

technology grant.

3. In determining whether to approve an application for grant funding, the committee shall

consider the extent to which the applicant's proposal will support early stage research

and development of advance technologies, promote economic development, and

advance the workforce in the state. The committee shall give priority to applications

promoting the advancement of artificial intelligence, machine learning, quantum

computing, and similar research and development and product innovation proposals.

The committee shall consider and process applications in a timely manner to allow

applicants an opportunity to leverage other funds.

4. Grant recipients shall use funding awarded under this section to enhance advance

technology product research, development, and innovation, and to the extent possible,

leverage state, federal, and private sources of funding. An entity receiving a grant

under this section may not use the funds for capital or building investments or other

activities not identified in this chapter. The funds may not be used for administrative

costs or to supplant funding for regular operations of the entity. If an entity awarded a

grant no longer conducts its activities in the state, the entity must repay the awarded

grant funding to the department.
N.D. Cent. Code § 54-52.1-05 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-05
54-52.1-05. Provisions of contract - Term of contract
Status: in_force

54-52.1-05. Provisions of contract - Term of contract

1. Each uniform group insurance contract entered by the board must be consistent with

the provisions of this chapter, must be signed for the state of North Dakota by the

chairman of the board, and must include the following:

a. As many optional coverages as deemed feasible and advantageous by the board.

b. A detailed statement of benefits offered, including maximum limitations and

exclusions, and such other provisions as the board may deem necessary or

desirable.

2. The initial term or the renewal term of a uniform group insurance contract through a

contract for insurance, health maintenance organization, or self-insurance health plan

for hospital benefits coverage, medical benefits coverage, or prescription drug benefits

coverage may not exceed two years.

a. The board may renew a contract subject to this subsection without soliciting a bid

under section 54-52.1-04 if the board determines the carrier's performance under

the existing contract meets the board's expectations, the proposed premium

renewal amount does not exceed the board's expectations, and renewal best

serves the interests of the state and the state's eligible employees.

b. In making a determination under this subsection, the board shall:

(1) Use the services of a consultant to concurrently and independently prepare

a renewal estimate the board shall consider in determining the

reasonableness of the proposed premium renewal amount.

(2) Review the carrier's performance measures, including payment accuracy,

claim processing time, member service center metrics, wellness or other

special program participation levels, and any other measures the board

determines relevant to making the determination and shall consider these

measures in determining the board's satisfaction with the carrier's

performance.

(3) Consider any additional information the board determines relevant to

making the determination.

c. The board may determine the carrier's performance under the existing contract

does not meet the board's expectations, the proposed premium renewal amount

exceeds the board's expectations, or renewal does not best serve the interests of

the state or the state's eligible employees and the board therefore may decide to

solicit a bid under section 54-52.1-04.
N.D. Cent. Code § 54-17-24 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-24
54-17-24. State trusts created
Status: in_force

54-17-24. State trusts created

The industrial commission is hereby authorized and directed to acquire and to hold in one or

more trusts all unpaid United States government guaranteed or reinsured student loans and

North Dakota guaranteed student loans, belonging to the state of North Dakota or to any of its

agencies, departments, or institutions which may be endorsed or assigned to it, such

guaranteed student loans held in the trusts as security for bonds of the state to be issued as

and in the manner the commission shall decide. All guaranteed student loans so held in the

trusts and the collections therefrom and the increments thereto must be held in special funds as

the source of payment of bonds of North Dakota to be issued, none of which bonds may

constitute indebtedness of the state. The term "student" for the purposes of this section and

section 54-17-25 includes a parent borrower under chapter 15-62.1.
N.D. Cent. Code § 54-40-03 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-03
54-40-03. Disbursement of funds - Issuance of bonds
Status: in_force

54-40-03. Disbursement of funds - Issuance of bonds

The parties to such agreement may provide for disbursements from public funds, including

funds already raised to buy real estate for public buildings, proceeds of bonds issued pursuant

to chapter 21-03, and other proper funds or properties already on hand, to carry out the

purposes of the agreement. The total amount of bonds issued by a county and a city under this

section must be in proportion to the joint usage of the building by the county and the city and

must also consider the tax base of the county and the tax base of the city. When a county and a

city wholly within the county boundaries propose to issue bonds for the purpose of a building for

their joint use, the governing body of the county may submit to its qualified voters the

proposition of issuing bonds in the total amount required to be borrowed for the building, under

an initial resolution and ballot stating the maximum total principal amount of the bonds and the

maximum principal amount thereof for which the city shall be obligated. In this event the

governing body of the city shall adopt an ordinance or resolution stating the maximum amount

of the obligation proposed to be incurred by the city and the other matters of information

required for an initial resolution for bonds under the provisions of section 21-03-09, which

ordinance or resolution shall be subject to referral to the qualified electors of the city by petition

of the percentage of the qualified electors referred to in chapter 40-12 and upon the conditions

and in the manner therein set forth. If the issuance of the bonds is approved by the required

majority of the qualified electors of the county voting thereon, and if the city ordinance or

resolution is not referred or is approved by a majority of the qualified electors of the city voting

thereon, the bonds may be issued by the county and the obligation incurred by the city. The

principal amount of the obligation incurred by the city to the county, as provided in the

agreement, must be a general obligation and indebtedness of the city as referred to and limited

by section 21-03-04 and by section 15 of article X of the Constitution of North Dakota, and must

be deducted from the principal amount of the bonds in determining the net indebtedness

incurred by the county in the issuance thereof. The city shall levy a direct, annual, irrepealable

tax for the payment of its obligation and the interest thereon as required for the payment of

general obligation bonds under the provisions of section 21-03-15, which tax must be retained

by the county auditor in the sinking and interest fund for the county bonds as provided in section
N.D. Cent. Code § 54-44-06 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-06
54-44-06. Duties as to school fund
Status: repealed

54-44-06. Duties as to school fund

Repealed by S.L. 2015, ch. 49, § 36.
N.D. Cent. Code § 54-52.3-02 — ND Code / Title 54 / Chapter 54-52.3 / Section 54-52.3-02
54-52.3-02. Authority of board
Status: in_force

54-52.3-02. Authority of board

The board shall determine benefits to be offered under the pretax benefits program, accept

proposals from qualified providers, retain consultants, and do all things necessary to administer

the pretax benefits program and preserve its tax-exempt status.
N.D. Cent. Code § 54-02-10 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-10
54-02-10. State grass
Status: in_force

54-02-10. State grass

Western wheatgrass, agropyron smithii, is the official grass of the state of North Dakota.
N.D. Cent. Code § 54-27-10 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-10
54-27-10. Appropriations - When available
Status: in_force

54-27-10. Appropriations - When available

Unless otherwise authorized as provided in this section, seventy-five percent of the

appropriations made by the legislative assembly for the line items of salaries and wages and

operating expenses for any state institution, department, board, commission, or bureau in the

executive branch of state government for the biennium, except institutions under the jurisdiction

and supervision of the state board of higher education, shall become available on the first day of

July next succeeding the enactment by the legislative assembly. The remaining twenty-five

percent of any such appropriations shall be available only at the beginning of the fourth quarter

of the biennium. No state institution, department, board, commission, or bureau in the executive

branch of government for which an appropriation for salaries and wages and operating

expenses is made may disburse more than seventy-five percent of such appropriation during

the first eighteen months of the biennium nor incur any expense or liability which shall be

discharged from such appropriation or for which such appropriation shall become available.

Whenever it is made to appear to the emergency commission by a verified petition submitted by

a state institution, department, board, commission, or bureau in the executive branch of state

government that the percentage of the appropriation for operating expenses allocated for the

first three-quarters of the biennium will not be adequate to properly perform its duties and

functions, because of seasonal or other unusual circumstances, it may authorize a revision of

the allocated percentage in any such items, except salaries and wages, provided it will not

deprive such state institution, department, board, commission, or bureau from maintaining its

office for the fourth quarter of the biennium.
N.D. Cent. Code § 54-01-09 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-09
54-01-09. Ceding to the United States exclusive jurisdiction over certain lands which are part of the Fort Lincoln military reservation
Status: reserved

54-01-09. Ceding to the United States exclusive jurisdiction over certain lands which

are part of the Fort Lincoln military reservation.

Exclusive jurisdiction is ceded to the United States over the following tracts of land which

were reserved from the public domain and set apart for military purposes as additions to the

Fort Lincoln military reservation by executive orders of the President of the United States dated

May 17, 1899, June 8, 1901, and January 17, 1907:

Lots two, three, and four, section ten, township one hundred thirty-seven north, range eighty

west, and lots eleven and thirteen, section thirty-four, township one hundred thirty-eight

north, range eighty west of the fifth principal meridian, situated in Burleigh County, and all

accretions thereto.

Jurisdiction over the above-described lands is ceded upon the express condition that all civil

process issued from the courts of this state, and such criminal process as may issue under the

authority of this state against any person charged with crime committed within the jurisdiction of

this state, may be served and executed thereon in the same manner and by the same officers

as if this section had not been enacted.
N.D. Cent. Code § 54-52.1-09.1 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-09.1
54-52.1-09.1. Health insurance utilization reports
Status: in_force

54-52.1-09.1. Health insurance utilization reports

Upon request by a political subdivision that receives benefits under the uniform group

insurance program, the board shall provide that political subdivision with a health insurance

utilization report that is substantively the same as a report required under subsection 1 of

section 26.1-36.4-09. The board shall provide the report in a manner that is in compliance with

the federal Health Insurance Portability and Accountability Act of 1996 [Pub. L. 104-191;

110 Stat. 1936; 29 U.S.C. 1181 et seq.].
N.D. Cent. Code § 54-02-04 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-04
54-02-04. State song
Status: in_force

54-02-04. State song

The song known as "North Dakota Hymn", with words written by James W. Foley and music

composed by Doctor C. S. Putnam is the official song for the state of North Dakota.
N.D. Cent. Code § 54-21.3-08 — ND Code / Title 54 / Chapter 54-21.3 / Section 54-21.3-08
54-21.3-08. Adoption of an installation program - Penalty
Status: in_force

54-21.3-08. Adoption of an installation program - Penalty

The department of commerce shall adopt rules establishing a manufactured home

installation program for all manufactured homes built in accordance with the manufactured

homes construction and safety standards under 24 CFR 3280 adopted pursuant to the

Manufactured Housing Construction and Safety Standards Act [42 U.S.C. 5401 et seq.]. The

rules must establish minimum installation standards. The rules may include standards, fees, and

requirements for certification and training of installers, inspections of installations, dispute

resolution, penalties for noncompliance, and costs of processing complaints. The standards do

not apply to manufactured homes installed before the original effective date of the rules.

Manufactured homes may be installed in accordance with either standards adopted in the rules

or the manufacturer's instructions. The rules must include provisions for the enforcement of

these standards. Any person who violates this section or any rule adopted under this section is

guilty of a class A misdemeanor.
N.D. Cent. Code § 54-09-08 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-08
54-09-08. Secretary of state's general services operating fund
Status: in_force

54-09-08. Secretary of state's general services operating fund

The secretary of state's general services operating fund is a special fund in the state

treasury. Moneys in the fund are to be used pursuant to legislative appropriations for the

provision of services under section 16.1-02-15, subsection 4 of section 41-09-94, subsection 5

of section 41-09-96, subsection 7 of section 54-09-04, and sections 10-35-33, 54-09-10, and

54-09-11.
N.D. Cent. Code § 54-69-05 — ND Code / Title 54 / Chapter 54-69 / Section 54-69-05
54-69-05. Advanced technology grant program - Postaward monitoring
Status: in_force

54-69-05. Advanced technology grant program - Postaward monitoring

Upon completion of work performed from funding provided by an advanced technology

grant, the department shall conduct an independent review of the results. Evaluation criteria

may include how the work performed has:

1. Contributed to development of an advanced technology product or process and

enhanced the ability of a company to make investments in the state, or otherwise

enticed a company to invest in or move to the state;

2. Promoted economic development of the public or private sectors in the state;

3. Led to a patent or research that is commercially viable; or

4. Positively affected workforce in the state.
N.D. Cent. Code § 54-12-01 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-01
54-12-01. Attorney general - Duties (Retroactive application - See note)
Status: repealed

54-12-01. Attorney general - Duties. (Retroactive application - See note)

The attorney general shall:

1. Appear for and represent the state before the supreme court in all cases in which the

state is interested as a party.

2. Institute and prosecute all actions and proceedings in favor or for the use of the state

which may be necessary in the execution of the duties of any state officer.

3. Appear and defend all actions and proceedings against any state officer in the attorney

general's official capacity in any of the courts of this state or of the United States. If

both parties to an action are state officers, the attorney general may determine which

officer the attorney general will represent and the other officer may employ counsel to

represent that other officer.

4. Consult with and advise the several state's attorneys in matters relating to the duties of

their office.

5. Attend the trial of any party accused of crime and assist in the prosecution when in the

attorney general's judgment the interests of the state require it.

6. Consult with and advise the governor and all other state officers and when requested

give written opinions on all legal or constitutional questions relating to the duties of

such officers respectively.

7. Prepare, when necessary, proper drafts for contracts and other writings relating to

subjects in which the state is interested.

8. a. Give written opinions, when requested by a member of the legislative assembly,

upon legal questions unless the request:

(1) Requires the attorney general to make a factual determination;

(2) Involves the constitutionality of a statute;

(3) Concerns the internal operation or management of the judicial branch of

government;

(4) Is likely to be or presently is pending before a court or a court has ruled on

the issue;

(5) Provides private legal advice; or

(6) Involves matters regarding whether a criminal offense has occurred.

b. If the attorney general declines to issue an opinion for a reason in subdivision a,

the attorney general shall inform the individual who requested the opinion in a

written response within sixty days of the request.

9. Enforce the proper application of funds appropriated to the public institutions of the

state and prosecute breaches of trust in the administration of such funds.

10. Prosecute corporations and limited liability companies, when necessary, for failure or

refusal to make the reports required by law.

11. Keep in proper books a register of all cases prosecuted or defended by the attorney

general or the attorney general's assistants, in behalf of this state or its officers, and of

all proceedings had in relation thereto, including a record of all actions wherein the

state is a party, or is interested, prosecuted by the state's attorneys of the several

counties and reported to the attorney general as provided by law, and deliver the same

to the attorney general's successor in office.

12. Keep in the attorney general's office a book in which the attorney general shall record

all the official opinions given by the attorney general during the attorney general's term

of office, such book to be delivered by the attorney general to the attorney general's

successor in office.

13. Pay into the state treasury all moneys received by the attorney general for the use of

the state.

14. Serve as superintendent of the bureau of criminal investigation and perform all duties

incident to the proper and efficient conduct of that office.

15. Attend to and perform any other duties which from time to time may be required by

law.

16. Give written opinions, when requested by the governing body or city attorney of a city

in the state of North Dakota.

17. Repealed by S.L. 1991, ch. 637, § 9.

18. Give written opinions to public entities as defined in subdivision a or b of subsection 13

of section 44-04-17.1, when requested by an interested person under section

44-04-21.1.
N.D. Cent. Code § 54-60-31 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-31
54-60-31. Global talent office - Duties
Status: in_force

54-60-31. Global talent office - Duties

There is created a global talent office within the department of commerce. Employees of the

global talent office report to the commissioner. The global talent office:

1. Shall develop and implement a statewide strategy to support businesses in recruiting

and retaining foreign labor, including immigrants already in the United States and

integration of immigrants into the state to promote economic opportunities for

immigrant communities.

2. Shall advise and make recommendations to the governor, legislative assembly, and

state agencies regarding immigrant integration and foreign labor issues.

3. Shall develop a pilot program to support businesses pursuing or employing legal

immigrants and to support communities to develop immigration integration plans and

activities.

4. May contract with other state agencies to develop and administer programs or

services related to immigration integration and access to basic needs that promote

entrance and movement throughout the workforce.

5. May contract with an organization with expertise related to the goals of the global

talent office.
N.D. Cent. Code § 54-27.2-02 — ND Code / Title 54 / Chapter 54-27.2 / Section 54-27.2-02
54-27.2-02. Certain general fund revenues to be deposited in the budget stabilization fund
Status: in_force

54-27.2-02. Certain general fund revenues to be deposited in the budget stabilization

fund.

Notwithstanding any other provision of law except section 54-27.2-01, any amount in the

state general fund in excess of sixty-five million dollars at the end of any biennium, after

deducting any amounts that would otherwise be transferred to the general fund under section

54-27.2-01, must be transferred by the state treasurer to the budget stabilization fund. For

purposes of this section, "at the end of any biennium" means after cancellation of unexpended

appropriations under section 54-44.1-11.
N.D. Cent. Code § 54-17.2-23 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-23
54-17.2-23. State building authority lease payments - Limitation
Status: in_force

54-17.2-23. State building authority lease payments - Limitation

The general fund amount of lease payments for a biennium associated with capital

construction projects financed by the industrial commission acting as the state building authority

may not exceed the amount equal to a portion of sales, use, and motor vehicle excise tax

collections equal to ten percent of an amount, determined by multiplying the quotient of one

percent divided by the general sales tax rate that was in effect when the taxes were collected,

times the net sales, use, and motor vehicle excise tax collections under chapters 57-39.2,

57-40.2, and 57-40.3. The computation for the authorized general fund lease payments for a

biennium must be based on the projected sales, use, and motor vehicle excise tax collections

presented to the legislative assembly at the close of the most recently adjourned regular

legislative session. Lease payment amounts for any particular project must be calculated as of

the date the related bonds are issued.
N.D. Cent. Code § 54-17.2-05 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-05
54-17.2-05. Transfer of state property to commission - Services by state agencies
Status: in_force

54-17.2-05. Transfer of state property to commission - Services by state agencies

The state may transfer jurisdiction of or title to any property under its control to the

commission. All state agencies may render any and all services to the commission as are within

the area of their respective governmental functions and as may be required by the commission,

including acting as agent for the commission in furtherance of performing its duties.
N.D. Cent. Code § 54-44.6-03 — ND Code / Title 54 / Chapter 54-44.6 / Section 54-44.6-03
54-44.6-03. State forms manager
Status: in_force

54-44.6-03. State forms manager

The chief information officer of the state shall serve as the state forms manager. The

manager shall administer in the executive branch of state government the forms management

program established by this chapter. The program must apply efficient and economical

management methods to the creation and utilization of state forms.
N.D. Cent. Code § 54-40.4-08 — ND Code / Title 54 / Chapter 54-40.4 / Section 54-40.4-08
54-40.4-08. Vested property - Rights of action - Actions saved
Status: in_force

54-40.4-08. Vested property - Rights of action - Actions saved

The adoption of any charter or amendment does not destroy any property, action, right of

action, claim, or demand of any nature vested in the county-city. All rights of action, claims, or

demands are preserved to the county-city, and to any persons asserting any claims against the

county-city as though the charter or amendment had not been adopted. The adoption of any

charter or amendment affects neither the right of the county-city to collect special assessments

previously levied under any law or charter for the purpose of public improvements, nor impairs

the obligation of any existing contract to which the county-city is a party.
N.D. Cent. Code § 54-44.3-09 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-09
54-44.3-09. Board secretariat
Status: in_force

54-44.3-09. Board secretariat

The division shall serve as the secretariat to the board.
N.D. Cent. Code § 54-21.3-04.3 — ND Code / Title 54 / Chapter 54-21.3 / Section 54-21.3-04.3
54-21.3-04.3. Used temporary work camp housing - Exemption
Status: in_force

54-21.3-04.3. Used temporary work camp housing - Exemption

State or local government code enforcement agencies may allow exemptions or accept

alternate methods for construction and placement of temporary work camp housing that has

been previously used as housing or temporary work camp housing in a different location,

provided that the waiver does not substantially compromise the health or safety of workers. This

authority is granted to code enforcement agencies enforcing the state building code, the State

Electrical Code, and the State Plumbing Code when acting within their existing jurisdiction. This

section does not apply to newly constructed temporary work camp housing.

1. State or local government code enforcement agencies, acting within their existing

jurisdiction, may conduct a nondestructive walkthrough inspection of previously used

temporary work camp housing to ensure compliance with applicable codes, including

the state building code, State Electrical Code, and State Plumbing Code. If the

housing is found to be compliant with these codes, or to not substantially compromise

the health or safety of workers pursuant to a waiver under this section, the code

enforcement agency may issue a limited certificate of inspection, which is effective for

a period of five years. Residents may not be permitted to move into or live in

temporary work camp housing unless the housing has a current limited certificate of

inspection or has been found to meet all applicable codes and requirements by any

code enforcement agency having jurisdiction.

2. The applicable codes, including the state building code, the State Electrical Code, and

the State Plumbing Code, are applicable as a standard for liability in legal actions

against owners or operators of temporary work camp housing if exemptions are

granted.

3. An owner of temporary work camp housing has the duty to remove that housing and

all related above-grade and below-grade infrastructure within one hundred twenty days

after the temporary work camp housing is vacated. Any city or county may abate any

public nuisance caused by vacated temporary work camp housing within its

jurisdiction. An owner of temporary work camp housing shall provide the city or county

where the temporary work camp housing is installed with a surety bond, letter of credit,

or other security instrument in the form and in an amount specified by the city or

county. These funds must be used to cover actual expenses that may be incurred by

the city or county in removal of the temporary work camp housing, including any

above-grade or below-grade infrastructure. The owner is liable for any expenses that

are reasonably incurred by the city or county which exceed the amount of the security.
N.D. Cent. Code § 54-34-08 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-08
54-34-08. Patents and profits
Status: repealed

54-34-08. Patents and profits

Repealed by S.L. 1991, ch. 95, § 48.
N.D. Cent. Code § 54-18-04 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-04
54-18-04. Powers and duties of industrial commission in operating association
Status: in_force

54-18-04. Powers and duties of industrial commission in operating association

To accomplish the purposes of this chapter, the industrial commission shall acquire by

purchase, lease, or, subject to chapter 32-15, by exercise of the right of eminent domain all

necessary property or property rights and may:

1. Construct, remodel, or repair all necessary buildings.

2. Purchase, lease, construct, or otherwise acquire warehouses, elevators, flour mills,

factories, offices, plants, machinery, equipment, and all other things necessary,

incidental, or convenient in the manufacturing and marketing of all kinds of raw and

finished farm products within or without the state.

3. Dispose of all kinds of raw and finished farm products.

4. Buy, manufacture, store, mortgage, pledge, sell, exchange, or otherwise acquire or

dispose of all kinds of manufactured and raw farm and food products and byproducts.

5. For the purpose of acquiring or disposing of all kinds of manufactured farm and food

products and byproducts, establish and operate exchanges, bureaus, markets, and

agencies, within or without the state, including foreign countries, on such terms and

conditions and under such rules and regulations as the commission may determine.
N.D. Cent. Code § 54-38-09 — ND Code / Title 54 / Chapter 54-38 / Section 54-38-09
54-38-09. Reimbursement for treatment - Rates - Disposition of revenue and aid - Expenditures - Appropriation
Status: in_force

54-38-09. Reimbursement for treatment - Rates - Disposition of revenue and aid -

Expenditures - Appropriation.

The department, insofar as may be possible, shall seek to be reimbursed by the patient or

persons liable for the support of the patient for any or all items of expense incurred by the

department in connection with the care, custody, treatment, and rehabilitation and may make

such financial arrangements concerning necessary expenses as it deems best. No patient may

be charged at a rate greater than actual cost of the care, treatment, or rehabilitation furnished

the patient. The department may accept funds, property, or services from any source, and all

revenue received from gifts and grants-in-aid must be deposited in the state treasury and may

be spent only pursuant to an appropriation first made by the legislative assembly.
N.D. Cent. Code § 54-52.1-03 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-03
54-52.1-03. Employee participation in plan - Employee to furnish information - Benefits to continue upon retirement or termination
Status: in_force

54-52.1-03. Employee participation in plan - Employee to furnish information -

Benefits to continue upon retirement or termination.

1. Any eligible employee may be enrolled in the uniform group insurance program

created by this chapter by requesting enrollment with the employing department. If an

eligible employee does not enroll in the uniform group insurance program at the time

of beginning employment, in order to enroll at a later time the eligible employee must

meet minimum requirements established by the board. An employing department may

not require an active eligible employee to request coverage under the uniform group

insurance program as a prerequisite to receive the minimum employer-paid life

insurance benefits coverage or employee assistance program benefits coverage.

2. A retiree who has accepted a periodic distribution from the defined contribution

retirement plan pursuant to section 54-52.6-13 who the board determines is eligible for

participation in the uniform group insurance program or has accepted a retirement

allowance from the public employees retirement system, the highway patrol troopers'

retirement system, the teachers' insurance and annuity association of America -

college retirement equities fund for service credit earned while employed by North

Dakota institutions of higher education, the retirement system established by job

service North Dakota under section 52-11-01, the judges' retirement system

established under chapter 27-17, or the teachers' fund for retirement may elect to

participate in the uniform group under this chapter without meeting minimum

requirements at age sixty-five, when the member's spouse reaches age sixty-five,

upon the receipt of a benefit, or when the spouse terminates employment. If a retiree

or surviving spouse does not elect to participate at the times specified in this

subsection, the retiree or surviving spouse must meet the minimum requirements

established by the board. Subject to sections 54-52.1-03.2 and 54-52.1-03.3, each

retiree or surviving spouse shall pay directly to the board the premiums in effect for the

coverage then being provided. A retiree or surviving spouse who has met the initial

eligibility requirements of this subsection to begin participation in the uniform group

insurance program remains eligible as long as the retiree maintains the retiree's

participation in the program by paying the required premium pursuant to rules adopted

by the board.

3. Upon the termination of employment when the employee is not eligible to participate

under subsection 2 or 4 or applicable federal law, that employee cannot continue as a

member of the uniform group.

4. A member or former member of the legislative assembly or that individual's surviving

spouse may elect to continue membership in the uniform group within the applicable

time limitations after either termination of eligible employment as a member of the

legislative assembly or termination of other eligible employment or, for a surviving

spouse, upon the death of the member or former member of the legislative assembly.

The member or former member of the legislative assembly or that individual's surviving

spouse shall pay the premiums in effect for the coverage provided directly to the

board.

5. Each eligible employee requesting enrollment shall furnish the appropriate individual in

the employing department, board, or agency with such information and in such form as

prescribed by the board to enable the enrollment of the employee, or employee and

dependents, in the uniform group insurance program created by this chapter.

6. If the participating employee is a faculty member in a state charitable, penal, or

educational institution who receives a salary or wages on less than a twelve-month

basis and has signed a contract to teach for the next ensuing school year, the agency

shall make arrangements to include that employee in the insurance program on a

twelve-month basis and make the contribution authorized by this section for each

month of the twelve-month period.
N.D. Cent. Code § 54-52-27 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-27
54-52-27. Purchase of sick leave credit
Status: in_force

54-52-27. Purchase of sick leave credit

A member is entitled to credit in the retirement system for each month of unused sick leave,

as certified by the member's employer, if the member or the member's employer pays an

amount equal to the member's final average salary, times the number of months of sick leave

converted, times the percent of employer and employee contributions to the retirement program

of the member, plus the required contribution for the retiree health benefits program. Hours of

sick leave equal to a fraction of a month are deemed to be a full month for purposes of

conversion to service credit. A member may convert all of the member's certified sick leave or a

part of the member's certified sick leave.
N.D. Cent. Code § 54-59-36 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-36
54-59-36. Statewide longitudinal data system - Report to legislative management
Status: in_force

54-59-36. Statewide longitudinal data system - Report to legislative management

During each interim the department shall provide a report regarding the statewide

longitudinal data system to one or more committees designated by the legislative management

and shall provide recommendations for further development, cost proposals, proposals for

legislation, and recommendations for data sharing governance.
N.D. Cent. Code § 54-24.3-10 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-10
54-24.3-10. Regional library cooperative members - Rights and responsibilities
Status: in_force

54-24.3-10. Regional library cooperative members - Rights and responsibilities

All members of a regional library cooperative are entitled to receive supplementary

reference services, delivery service for library materials, interlibrary loan services, and

assistance with citation and location of materials, and reciprocal borrowing privileges among the

users of member libraries. All members of a regional library cooperative shall share resources

with the exception that rare or restricted materials may be exempt, implementing use standards

and protocols; avail themselves of continuing education and training opportunities provided by

the cooperative; participate in reference, referral, and interlibrary loan services using

communication systems for information exchanged among all types of libraries; maintain total

expenditures for library operation, excluding capital improvements, at a level not lower than the

preceding fiscal year, or maintain the same or higher mill levy or mill rate equivalency as the

preceding fiscal year; and participate in cooperative bibliographic projects.
N.D. Cent. Code § 54-38-07 — ND Code / Title 54 / Chapter 54-38 / Section 54-38-07
54-38-07. Facilities for treatment of alcoholism - Contracts
Status: in_force

54-38-07. Facilities for treatment of alcoholism - Contracts

The department may establish new facilities for the treatment of alcoholics and drug

dependent persons in areas of the state where a need exists and no private facilities are

available to contract for chemical abuse or dependency treatment services. The department

may contract for the treatment of alcohol and drug dependent persons by eligible vendors who

meet the standards of operations established by the department. When the department chooses

to contract, the department shall select eligible vendors who can provide economical and

appropriate treatment for alcohol and drug dependent persons. The department shall contract

for these services on the basis of the same unit costs incurred by the department in delivering

like services. Each contract entered into pursuant to this section must provide that the private

vendor-contractor will accept and treat each chemically dependent or chemical-abusing client

referred to the vendor pursuant to the contract. As used in this section, "standards of

operations" includes a determination by the department that the vendor is financially responsible

and will continue to provide services throughout the contract period.
N.D. Cent. Code § 54-59-35 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-35
54-59-35. Statewide longitudinal data system committee - Powers
Status: repealed

54-59-35. Statewide longitudinal data system committee - Powers

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 54-52.3-03 — ND Code / Title 54 / Chapter 54-52.3 / Section 54-52.3-03
54-52.3-03. Employer savings used to defray expenses of administering program - Continuing appropriation
Status: in_force

54-52.3-03. Employer savings used to defray expenses of administering program -

Continuing appropriation.

The office of management and budget shall transfer funds from the savings accruing to the

agencies' salaries and wages line item, as a result of the diminution of the state's employer

contribution for the Federal Insurance Contribution Act tax, to a payroll clearing account. The

office of management and budget shall transfer funds from the payroll clearing account to the

board as necessary to defray the reasonable expenses of administering the pretax benefits

program established under this chapter, including expenses associated with the program's

medical spending account. Any revenue collected by the board from participating district health

units must be used, and is hereby appropriated, to defray the expenses of administering the

program. The amount necessary to pay consultants retained by the board, vendors retained by

the board to provide claims administration services, any insurance costs associated with the

medical spending account, and medical reimbursements for the medical spending account if

funds are insufficient to pay claims are hereby appropriated from the savings and revenue

generated by the program. All other expenses of administering the program must be paid in

accordance with the agency's appropriation authority as established by the legislative assembly.

The director of the office of management and budget may decrease or suspend the transfer of

the savings accruing to the agencies' salaries and wages line item to the payroll clearing

account upon determination that the funds deposited under this section are sufficient to offset

anticipated obligations. Notwithstanding other provisions in this section, the public employees

retirement system board, or any successor state agency, may not establish, enroll, or administer

any pretax benefits program for a political subdivision or any other public or private business or

entity, except for any program established specifically for employees of the state and employees

of district health units.
N.D. Cent. Code § 54-54-02 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-02
54-54-02. Council - Members - Appointment
Status: in_force

54-54-02. Council - Members - Appointment

The North Dakota council on the arts consists of nine members, broadly representative of

all fields of the performing and fine arts, who are to be appointed by the governor as provided in

this chapter, from among the citizens of the state who are widely known for their competence

and experience in connection with the performing and fine arts. In making these appointments,

due consideration must be given to the recommendations made by representative civic,

educational, and professional associations and groups, concerned with or engaged in the

production or presentation of the performing and fine arts generally.
N.D. Cent. Code § 54-30-24 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-24
54-30-24. Cash balance in hands of state treasurer - Information - Mortgages substituted for those paid
Status: repealed

54-30-24. Cash balance in hands of state treasurer - Information - Mortgages

substituted for those paid.

Repealed by S.L. 1983, ch. 567, § 16.
N.D. Cent. Code § 54-52.5-04 — ND Code / Title 54 / Chapter 54-52.5 / Section 54-52.5-04
54-52.5-04. Incentive compensation program - Report to legislative management
Status: in_force

54-52.5-04. Incentive compensation program - Report to legislative management

The state retirement and investment office may develop an incentive compensation program

for full-time equivalent investment and fiscal operations positions necessary for the

management of the investment of funds under the control of the state investment board. The

program must promote profitability, productivity, and responsible fund management. The

provisions of the program must be approved annually by the state investment board. The

provisions must ensure that the payouts do not occur unless the risk-based performance of the

investments that are internally managed exceed the risk-based performance of policy

benchmarks. Any amounts paid under this program must be considered compensation and not

personal profit on behalf of the employee. Each interim, the state retirement and investment

office shall provide at least one report to the legislative management regarding the status of the

program, including the provisions of the program; the total amount of incentives paid out to

employees each year; and the minimum, maximum, and average payout per eligible full-time

equivalent position.
N.D. Cent. Code § 54-24.3-01 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-01
54-24.3-01. Definitions
Status: in_force

54-24.3-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Academic library" means a library that is part of a college or university that is publicly

or privately funded and whose primary role is to provide resources to enrich and

support the school's curricula and the research needs of students and faculty.

2. "Library resource center" means a central service unit, whose location is to be agreed

upon by members of the regional library cooperative and which is responsible for

extending special services to support members of the regional library cooperative,

while meeting all cooperative standards.

3. "Multitype library authority" means a geographic subdivision within which multitype

libraries are organized for the purpose of providing library and information services

through cooperation and mutual support.

4. "Participant library" means any library agreeing to join a regional library cooperative.

5. "Public library" means a library that is supported with funds derived from taxation and

which maintains a balanced collection of materials to serve the lifelong information,

reading, and recreational needs of the general population. For purposes of this

chapter, "public library" includes tribal libraries.

6. "Regional library cooperative" means an organization of one or more types of library

organized under Article VI of section 54-24.1-01, or a multitype library authority.

7. "School library media center" means a learning center operated as part of a publicly or

privately supported school or school district and whose role is to provide instruction,

cooperatively design learning strategies, and provide resources that support and

enrich the curriculum, following the North Dakota school library media guidelines.

8. "Special library" means a public or private sector library whose collection is specialized

and limited in scope and size and whose role is to provide information to a limited

clientele.
N.D. Cent. Code § 54-44-15 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-15
54-44-15. Reimbursement from institutions of higher education for state's share of default costs
Status: in_force

54-44-15. Reimbursement from institutions of higher education for state's share of

default costs.

1. If the state is required to pay a fee to the United States secretary of education to offset

the secretary's default costs relating to an institution of higher education located in

North Dakota with a cohort default rate exceeding twenty percent for the most recent

fiscal year for which rates are calculated, the director of the office of management and

budget, or the director's designee, shall:

a. Provide notice by certified mail to each institution of higher education in this state

that participates in the federal family education loan program or the federal direct

student loan program, under title IV of the Higher Education Act of 1965

[Pub. L. 89-329; 79 Stat. 1245; 20 U.S.C. 1070 et seq.] of any assessment

necessary to reimburse the state for the institution's proportionate share of any

fee charged to the state by the secretary of education under the Higher Education

Act of 1965 [Pub. L. 89-329; 79 Stat. 1230; 20 U.S.C. 1001 et seq.].

b. The amount of reimbursement due from any institution must be based upon a fee

structure approved by the United States secretary of education which has been

provided to the director of the office of management and budget by the student

loan guarantee agency. The student loan guarantee agency shall submit the fee

structure to the director of the office of management and budget prior to

implementation. The fee charged must be determined based upon the fee

structure established by the student loan guarantee agency and must be based

on the institution's cohort default rate and the state's risk of loss as provided by

section 4201 of the Omnibus Budget Reconciliation Act of 1993 [Pub. L. 103-66;

107 Stat. 370; 20 U.S.C. 1078(n)].

2. The student loan guarantee agency may adopt rules to implement this section. The

rules may provide for a process and standards to exempt an institution from

reimbursement or allow an adjustment of the required reimbursement if the institution

demonstrates that exceptional mitigating circumstances contributed to the cohort

default rate. Prior to implementing any exemption process and standards, the student

loan guarantee agency shall obtain comments on the exemption process and

standards from the director of the office of management and budget. Chapter 28-32

does not apply to rules adopted under this section.

3. If any institution fails to reimburse the office of management and budget within sixty

days of receiving an assessment under subsection 1, the amount of the assessment

plus interest on the assessment at the rate of nine percent from the date of receipt of

the assessment and reasonable collection costs, including attorney's fees, constitutes

a lien against all assets of the institution. The lien has priority over all other liens and

encumbrances acquired after the date the institution was notified of the required

reimbursement by the office of management and budget. The state may enforce any

lien created under this subsection against real property in the manner provided in

chapter 35-22, against personal property in the manner provided in chapter 32-20, or

against the owner of any institution by garnishment in the manner provided in chapter

32-09.1, except that the restrictions of subsection 1 of section 32-09.1-03 do not apply

to a garnishment commenced to collect an assessment established under this section.
N.D. Cent. Code § 54-10-11 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-11
54-10-11. Official bond
Status: repealed

54-10-11. Official bond

Repealed by S.L. 1959, ch. 372, § 117.
N.D. Cent. Code § 54-16-03 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-03
54-16-03. Unlawful to expend more than appropriated - Deficit void - Submission of petition to emergency commission
Status: in_force

54-16-03. Unlawful to expend more than appropriated - Deficit void - Submission of

petition to emergency commission.

1. A state officer may not expend, or agree or contract to expend, any amount in excess

of the sum appropriated for that expenditure, and may not expend an amount

appropriated for any specific purpose or fund or for any other purpose without prior

approval in the form of a transfer approval as provided in this chapter.

2. When an emergency exists, a state officer may submit to the secretary of the

emergency commission an itemized petition requesting approval to:

a. Transfer money and spending authority between funds or line items pursuant to

section 54-16-04;

b. Accept special funds or federal funds pursuant to section 54-16-04.1;

c. Transfer appropriation authority from the state contingencies appropriation

pursuant to section 54-16-09; or

d. Recommend full-time equivalent positions pursuant to section 54-16-04.3.

3. The secretary of the emergency commission shall provide a copy of each petition

submitted under this section to the office of management and budget and legislative

council. The office of management and budget may provide an analysis and

prioritization of emergency requests to the emergency commission.

4. Any petition to the emergency commission by a state officer must be considered by the

emergency commission. A petition under this section must be approved or

recommended by the emergency commission before submission for consideration by

the budget section.

5. Any debt or deficit created by a state officer in violation of this section is void.
N.D. Cent. Code § 54-23.3-16 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-16
54-23.3-16. Criminal justice data - Report to legislative management
Status: in_force

54-23.3-16. Criminal justice data - Report to legislative management

1. The department of corrections and rehabilitation, in cooperation with the behavioral

health division of the department of health and human services, representatives from

each judicial district, and representatives from the adult services division, including

parole and probation services and local or regional jails, shall examine criminal justice

data, including data collection, retention, and dissemination.

2. The department shall provide a report to the legislative management relating to

procedures for:

a. Tracking uniform data points;

b. Standardizing and automating criminal justice data collection, retention, and

dissemination; and

c. Improving data connectivity between system partners, including a proposal to

develop a data sharing portal to alert the department of health and human

services of changes to the Medicaid status of offenders in custody with the

department of corrections and rehabilitation.
N.D. Cent. Code § 54-06-08 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-08
54-06-08. Record of fees kept by state officers - Report to state treasurer
Status: in_force

54-06-08. Record of fees kept by state officers - Report to state treasurer

Every state officer or deputy state officer required by the Constitution of North Dakota, or by

any provision of the laws of this state, to pay into the state treasury all fees and profits arising

from such office, shall keep a record of all such fees or profits in a book kept for that purpose.

Such book is the property of the state. Each officer shall report to the state treasurer monthly

the amount of fees or profits received, verified by oath, and at the same time shall pay the

amount of such fees or profits to the treasurer, taking duplicate receipts therefor. One of the

receipts must be filed with the office of management and budget forthwith. The office of

management and budget shall charge the state treasurer with the amount thereof.
N.D. Cent. Code § 54-68-04 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-04
54-68-04. Director - Investigation counsel - Powers and duties
Status: in_force

54-68-04. Director - Investigation counsel - Powers and duties

1. The powers and duties of the director of the office of guardianship and conservatorship

include:

a. Within the limits of legislative appropriations, to employ the necessary staff to

provide services in accordance with this chapter.

b. To contract with guardians to administer services.

c. To grant guardian and conservator licenses.

d. To develop, maintain, and revise a comprehensive master plan for guardianship

and conservatorship in this state, including the needs and resources.

e. To recommend rules to the operations committee regarding the administration of

the office.

f. To develop and submit budgets for the office.

g. To present an annual report to the operations committee on the status of the

office.

2. The powers and duties of the investigation counsel of the office of guardianship and

conservatorship include:

a. To oversee the complaint process.

b. To recommend rules to the operations committee regarding operation of the

complaint and appeals process.

c. To investigate noncompliance under this chapter reported after April 1, 2026, by

conducting interviews, accessing records, issuing subpoenas, and ordering

depositions.

d. To issue formal disciplinary complaints.

e. To attend disciplinary hearings.
N.D. Cent. Code § 54-02-08 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-08
54-02-08. State fossil - Teredo petrified wood
Status: in_force

54-02-08. State fossil - Teredo petrified wood

The teredo petrified wood is the official fossil of the state of North Dakota.
N.D. Cent. Code § 54-54-07 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-07
54-54-07. Funds from national foundation on the arts
Status: in_force

54-54-07. Funds from national foundation on the arts

The council is the official agency of this state to receive and disburse any funds made

available by the national foundation on the arts.
N.D. Cent. Code § 54-52.6-09.3 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-09.3
54-52.6-09.3. Contributions for military service
Status: repealed

54-52.6-09.3. Contributions for military service

Repealed by S.L. 2005, ch. 531, § 20.
N.D. Cent. Code § 54-01.1-05 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-05
54-01.1-05. Replacement housing for tenants and certain others
Status: in_force

54-01.1-05. Replacement housing for tenants and certain others

1. In addition to amounts otherwise authorized by this chapter, a displacing agency shall

make a payment to or for any displaced person displaced from any dwelling not

eligible to receive a payment under section 54-01.1-04, which dwelling was actually

and lawfully occupied by the displaced person for not less than ninety days prior to:

a. The initiation of negotiations for acquisition of such dwelling; or

b. In any case in which displacement is not a direct result of acquisition, such other

event as the state agency may prescribe.

The payment must consist of the amount necessary to enable the person to lease or

rent for a period not to exceed forty-two months, a comparable replacement dwelling,

but not to exceed five thousand two hundred fifty dollars. At the discretion of the

displacing agency, a payment under this subsection may be made in periodic

installments. Computation of a payment under this subsection to a low-income

displaced person for a comparable replacement dwelling must take into account such

person's income.

2. Any person eligible for a payment under subsection 1 may elect to apply the payment

to a downpayment on, and other incidental expenses pursuant to, the purchase of a

decent, safe, and sanitary replacement dwelling. At the discretion of the displacing

agency, any such person may be eligible under this subsection for the maximum

payment allowed under subsection 1, except that, in the case of a displaced

homeowner who has owned and occupied the displacement dwelling for at least ninety

days but not more than one hundred eighty days immediately prior to the initiation of

negotiations for the acquisition of the dwelling, the payment may not exceed the

payment the person would otherwise have received under subsection 1 of section

54-01.1-04 had the person owned and occupied the displacement dwelling one

hundred eighty days immediately prior to the initiation of such negotiations.
N.D. Cent. Code § 54-10-25 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-25
54-10-25. Divulging of certain secret information prohibited
Status: in_force

54-10-25. Divulging of certain secret information prohibited

1. The state auditor and the auditor's employees, including any person employed by the

auditor to perform the examination of any return, report, or other information filed and

in the possession of the tax commissioner which is made confidential by law, may not

divulge the contents of any return, report, or other information examined or any listing

made therefrom by the state auditor or the auditor's employees except when otherwise

directed by judicial order, or as is otherwise provided by law.

2. The state auditor, the auditor's employees, or an agent of the auditor may not divulge

any information relating to a matter forwarded to the attorney general or a state's

attorney for further investigation until the attorney general or state's attorney has made

a determination as to whether there is probable cause to believe a violation of law has

occurred.
N.D. Cent. Code § 54-06-14.7 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-14.7
54-06-14.7. State leave sharing program - Rulemaking (Retroactive application - See note)
Status: in_force

54-06-14.7. State leave sharing program - Rulemaking. (Retroactive application -

See note )

1. The human resource management services division of the office of management and

budget shall establish a state leave sharing program for permanent employees of the

state. The program must provide for a mechanism for state employees to donate

accrued annual and sick leave to an employee who does not have available leave who

is suffering from a severe, extreme, or life-threatening condition, or who is caring for an

immediate relative or household member who is suffering from a severe, extreme, or

life-threatening condition.

2. A temporary employee or contracted employee with a limited-term appointment is not

eligible to participate in the leave sharing program. An employee may not use more

than four months donated leave in any twelve-month period and an employee may not

retain leave beyond the occurrence necessitating the leave.

3. The human resource management services division shall:

a. Require medical certification from a physician, physician assistant, psychologist,

or advanced practice nurse practitioner verifying the medical condition and the

expected duration of the condition;

b. Track the amount of leave taken by permanent state employees under the

program; and

c. Adopt rules in accordance with chapter 28-32 to implement this section.
N.D. Cent. Code § 54-21.2-01 — ND Code / Title 54 / Chapter 54-21.2 / Section 54-21.2-01
54-21.2-01. Intent
Status: in_force

54-21.2-01. Intent

It is the intent of the legislative assembly that building envelopes be designed with adequate

thermal resistance and low air leakage and that mechanical, electrical service, and illumination

systems and equipment be designed and selected to enable the effective use of energy in new

buildings and structures. It is not the intent of the legislative assembly to prevent the use of any

material, method of construction, design, or insulating system approved pursuant to this chapter.
N.D. Cent. Code § 54-60-01 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-01
54-60-01. Definitions
Status: in_force

54-60-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Cabinet" means the North Dakota commerce cabinet.

2. "Commissioner" means the commissioner of commerce.

3. "Department" means the department of commerce.

4. "Foundation" means the North Dakota economic development foundation.
N.D. Cent. Code § 54-59-27 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-27
54-59-27. Health information technology office - Electronic health information exchange fund
Status: in_force

54-59-27. Health information technology office - Electronic health information

exchange fund.

1. There is created an electronic health information exchange fund. The fund consists of

moneys deposited in the fund from federal or other sources or moneys transferred into

the fund as directed by the legislative assembly. The health information technology

office shall administer this fund and shall distribute moneys in the fund accordingly.

The moneys in the fund must be used to facilitate and expand electronic health

information exchange. Moneys in the fund may be used, subject to legislative

appropriations, to provide services directly, for grants as provided under this section,

and for the costs of administration of the fund.

2. A grant applicant shall submit an application to the health information technology

office, which shall determine the applicant's eligibility based upon criteria established

by the health information technology office director.

3. This section does not create an entitlement to any funds available for grants under this

section. The health information technology office may award these grants to the extent

funds are available and, within the office's discretion, to the extent such applications

are approved.
N.D. Cent. Code § 54-44.6-02 — ND Code / Title 54 / Chapter 54-44.6 / Section 54-44.6-02
54-44.6-02. Definitions
Status: in_force

54-44.6-02. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Agency" means any department, office, commission, board, or other unit, however

designated, of the executive branch of state government. The term does not include

the North Dakota center for distance education.

2. "Form" means any document designed to record information and containing blank

spaces and which may contain headings, captions, boxes, or other printed or written

devices to guide the entry and interpretation of the information.
N.D. Cent. Code § 54-08-01 — ND Code / Title 54 / Chapter 54-08 / Section 54-08-01
54-08-01. Duties of lieutenant governor
Status: in_force

54-08-01. Duties of lieutenant governor

The duties of the lieutenant governor are those prescribed in the Constitution of North

Dakota.
N.D. Cent. Code § 54-11-01.1 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-01.1
54-11-01.1. Bicentennial trust fund - Created - Expenditures
Status: in_force

54-11-01.1. Bicentennial trust fund - Created - Expenditures

The centennial commission shall transfer ten thousand dollars from its special revolving

fund to the state treasurer to be placed in a bicentennial trust fund. The principal and interest of

this fund must remain intact until transferred to the bicentennial commission on or after

January 1, 2089. If no bicentennial commission is in existence on January 1, 2089, the money in

the bicentennial trust fund must be transferred to the governor. Upon transfer to the bicentennial

commission or the governor, as the case may be, the moneys in the fund may be expended to

commemorate and celebrate the bicentennial of the state.
N.D. Cent. Code § 54-02-11 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-11
54-02-11. State art museum
Status: in_force

54-02-11. State art museum

The North Dakota museum of art, formerly the university of North Dakota art galleries,

established in 1972 on the university campus in Grand Forks, is designated the North Dakota

art museum. Unless clear title is otherwise demonstrable, any work of art, artifact, or artistic

property located in the state art museum is deemed to be the property of the North Dakota art

museum and is subject to disposition by the North Dakota art museum.
N.D. Cent. Code § 54-17.4-06 — ND Code / Title 54 / Chapter 54-17.4 / Section 54-17.4-06
54-17.4-06. State geologist - Authority
Status: in_force

54-17.4-06. State geologist - Authority

The state geologist is the head of the survey and shall exercise the powers of the office and

be responsible for the execution of its duties.
N.D. Cent. Code § 54-30-26 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-26
54-30-26. Industrial commission to make annual statement of condition of funds - Tax for deficiency in funds or indicated deficiency
Status: in_force

54-30-26. Industrial commission to make annual statement of condition of funds - Tax

for deficiency in funds or indicated deficiency.

The industrial commission, in July of each year, shall prepare a statement showing the

condition of the real estate bond sinking fund and the real estate bond interest payment fund.

Such statement must be approved by the state treasurer and must be presented to the state

board of equalization at its annual meeting of the same year, together with the recommendation

of the commission. If an actual deficit exists in either or both of said funds, the board shall make

an annual levy of taxes sufficient to make good the deficit in such fund, including a levy to

restore the fund to solvency as hereinafter defined. If at the time the statement is made, an

actual deficit does not exist, but by reason of adverse crop conditions, or for any other reason,

the commission shall anticipate a deficit in either or both of said funds during the ensuing year, it

shall recommend tax levies to meet such anticipated deficits, and the board shall make such

levies in accordance with such recommendation.
N.D. Cent. Code § 54-59.1-05 — ND Code / Title 54 / Chapter 54-59.1 / Section 54-59.1-05
54-59.1-05. Method of disclosure of cybersecurity incidents
Status: in_force

54-59.1-05. Method of disclosure of cybersecurity incidents

The department shall establish and make known methods an entity must use to securely

disclose cybersecurity incidents to the department.
N.D. Cent. Code § 54-14-03.2 — ND Code / Title 54 / Chapter 54-14 / Section 54-14-03.2
54-14-03.2. Claims against the state - Acts of residents of state institutions
Status: repealed

54-14-03.2. Claims against the state - Acts of residents of state institutions

Repealed by S.L. 1995, ch. 329, § 14.
N.D. Cent. Code § 54-35-02.7 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-02.7
54-35-02.7. Water topics overview committee - Powers and duties
Status: in_force

54-35-02.7. Water topics overview committee - Powers and duties

1. The legislative management, during each biennium, shall appoint a water topics

overview committee in the same manner as the legislative management appoints other

interim committees. The committee must meet quarterly during the interim and is

responsible for legislative overview of water topics and related matters, the Garrison

diversion project, and for any necessary discussions with adjacent states on water

topics. The legislative management shall designate the chairman of the committee.

The committee shall operate according to the statutes and procedure governing the

operation of other legislative management interim committees.

2. Any request anticipated to be submitted to the state water commission or to the next

legislative assembly for which the state cost-share is estimated to be ten million dollars

or more must be reported to the water topics overview committee before May

thirty-first of each even-numbered year. The committee shall review the request and

make a recommendation on the prioritization of the project for consideration by the

next legislative assembly. A copy of the committee's report concerning a new water

project request must be provided to the appropriations committees of the legislative

assembly.

3. The committee may solicit draft measures and proposals from interested persons

during the interim between legislative sessions, and also may study measures and

proposals referred to the committee by the legislative assembly or the legislative

management.

4. If a water project requesting state funds of ten million dollars or more is introduced in

either house without a report from the committee, the committee shall consider and

report its recommendation regarding the project. A copy of the committee's report

concerning the new water project request must be provided to the appropriations

committees of the legislative assembly.

5. The committee shall work collaboratively with the state water commission and may

meet with the state water commission.

6. The committee shall report on the committee's project prioritization process, provide

updates on allocated program expenditures, and report on the fund balances of

projects, grants, and contracts.

7. The committee shall report the findings and recommendations of the committee, along

with any necessary legislation, to the legislative management and to the legislative

assembly.
N.D. Cent. Code § 54-17.2-02 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-02
54-17.2-02. Commission - Evidence of indebtedness issuance
Status: in_force

54-17.2-02. Commission - Evidence of indebtedness issuance

The commission is a North Dakota instrumentality empowered, subject to legislative

authorization, to issue evidences of indebtedness to make funds available for a project or

projects as directed by the legislative assembly.
N.D. Cent. Code § 54-44.3-32 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-32
54-44.3-32. Political subdivision merit system compliance
Status: in_force

54-44.3-32. Political subdivision merit system compliance

The division and the department of health and human services shall develop oversight and

audit procedures for political subdivision merit systems to assure compliance with federal merit

system principles. If the division and the department of health and human services determine

that a political subdivision has failed to maintain compliance with federal merit system principles,

the division and the department shall notify the political subdivision of the noncompliance and

order the political subdivision to take corrective action. If a political subdivision does not take the

necessary corrective action to comply with federal merit system principles, the division and the

department of health and human services shall revoke the political subdivision's exemption from

the state merit system and return the political subdivision to the state merit system. The political

subdivision is responsible for any penalty assessed by a federal authority for a noncompliant

political subdivision merit system.
N.D. Cent. Code § 54-21-14 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-14
54-21-14. Executive officer for child welfare - Authority to employ
Status: repealed

54-21-14. Executive officer for child welfare - Authority to employ

Repealed by S.L. 1961, ch. 337, § 1.
N.D. Cent. Code § 54-17-07.12 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.12
54-17-07.12. Housing finance agency as wholesale servicing mortgage lender
Status: repealed

54-17-07.12. Housing finance agency as wholesale servicing mortgage lender

Repealed by S.L. 2021, ch. 42, § 29.
N.D. Cent. Code § 54-23.4-05 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-05
54-23.4-05. Restitution funds, gifts, grants, and bequests - Restitution and gift fund
Status: in_force

54-23.4-05. Restitution funds, gifts, grants, and bequests - Restitution and gift fund

The division may accept on behalf of the state all restitution funds, gifts, grants, or bequests

of property tendered to the state for any purpose pertaining to the activities of the division in

implementing this chapter. The crime victims restitution and gift fund is established as a special

fund in the state treasury. All restitution funds, gifts, grants, and bequests of property or money,

and any interest occurring thereon, must be placed in the crime victims restitution and gift fund.

Subject to legislative appropriation, the fund may be used and disbursed by the division in

accordance with the terms of the payment or donation or, if there are no terms, for costs and

expenses incurred by the division in the implementation of this chapter.
N.D. Cent. Code § 54-38-01 — ND Code / Title 54 / Chapter 54-38 / Section 54-38-01
54-38-01. Definitions
Status: in_force

54-38-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Alcoholic" means any person who chronically and habitually uses alcoholic beverages

to the extent that the person has lost the power of self-control with respect to the use

of such beverages, or while chronically or habitually under the influence of alcoholic

beverages, endangers public morals, health, safety, or welfare.

2. "Alcoholism" means the pathological condition attendant upon the excessive and

habitual use of alcoholic beverages.

3. "Department" means the department of health and human services.

4. "Drug abuse" means the use of drugs solely for their stimulant, depressant, or

hallucinogenic effect upon the higher functions of the central nervous system and not

as a therapeutic agent prescribed in the course of medical treatment or in a program of

research operated under the direction of a physician or pharmacologist.

5. "Drug dependent persons" means any person who has developed a state of psychic or

physical dependence, or both, upon a drug following administration of that drug upon a

repeated periodic or continuous basis.

6. "Patients" means persons who are under the supervision or care of the department.
N.D. Cent. Code § 54-29-04 — ND Code / Title 54 / Chapter 54-29 / Section 54-29-04
54-29-04. Reissuance of bonds when canceled and destroyed
Status: repealed

54-29-04. Reissuance of bonds when canceled and destroyed

Repealed by S.L. 1989, ch. 651, § 4.