N.D. Cent. Code § 15-39.1-34 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-34
15-39.1-34. Internal Revenue Code compliance
Status: in_force

15-39.1-34. Internal Revenue Code compliance

1. The board shall administer the plan in compliance with section 415, section 401(a)(9),

section 401(a)(17), and section 401(a)(31) of the Internal Revenue Code, as

amended, and regulations adopted pursuant to those provisions as they apply to

governmental plans.

2. Pursuant to the rollover rules under section 401(a)(31) of the Internal Revenue Code,

a distributee may elect to have an eligible rollover distribution, as defined in section

402(f)(2)(A) of the Internal Revenue Code, paid in a direct rollover to an eligible

retirement plan, as defined in section 402(c)(8)(B) of the Internal Revenue Code,

specified by the distributee.

a. The definition of eligible retirement plan also applies in the case of a distribution

to an alternate payee under a qualified domestic relations order, as defined in

section 414(p) of the Internal Revenue Code.

b. Any portion of a distribution that consists of after-tax employee contributions not

included in gross income may not be transferred except to an individual

retirement account or individual retirement annuity described in section 408 or

408A of the Internal Revenue Code or to a qualified plan or an annuity contract

described in sections 401(a) and 403(b) of the Internal Revenue Code,

respectively, which agrees to separately account for such amounts, including

separately accounting for the portion of the distribution which is included in gross

income and the portion of the distribution which is not so included.

c. For purposes of this section, "distributee" includes a nonspouse beneficiary of a

deceased member; except in the case of a nonspouse beneficiary, the direct

rollover may be made only to an individual retirement account or individual

retirement annuity described in section 408 or 408A of the Internal Revenue Code

which is established on behalf of the nonspouse beneficiary and will be treated as

an inherited individual retirement account or inherited individual retirement

annuity pursuant to section 402(c)(11) of the Internal Revenue Code.
N.D. Cent. Code § 15-15-02 — ND Code / Title 15 / Chapter 15-15 / Section 15-15-02
15-15-02. Object - Courses of instruction
Status: repealed

15-15-02. Object - Courses of instruction

Repealed by S.L. 1991, ch. 162, § 1.
N.D. Cent. Code § 15-18-04 — ND Code / Title 15 / Chapter 15-18 / Section 15-18-04
15-18-04. Supervision of junior colleges
Status: repealed

15-18-04. Supervision of junior colleges

Repealed by S.L. 1983, ch. 192, § 15.
N.D. Cent. Code § 15-08-19 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-19
15-08-19. Taxation of and foreclosure of tax lien on property sold by state on deferred payment contract
Status: in_force

15-08-19. Taxation of and foreclosure of tax lien on property sold by state on deferred

payment contract.

Property contracted to be sold by the state is subject to taxation from the date of the

contract, and the taxes assessed thereon must be collected and enforced in the same manner

as taxes against other property. If the contract is not canceled or if the contract has been

canceled and the period of redemption has not yet run, the property upon which taxes are

delinquent is subject to foreclosure of tax lien. After two years from the date the tax became

due, and after notice of foreclosure has been given as required in title 57, on the date of

foreclosure, the county shall acquire such rights and interests as belonged to the holder and

owner of the contract issued under the provisions of this chapter and only such rights. The

county may assign its rights and interest at any time, and the assignee shall have the rights

given by this section to the county. No tax deed may be issued upon any tax sale certificate

while the legal title to the lands remains in the state of North Dakota.
N.D. Cent. Code § 15-12-13 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-13
15-12-13. Economic survey to be made on completion of topographic maps
Status: repealed

15-12-13. Economic survey to be made on completion of topographic maps

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-07-16 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-16
15-07-16. Application to purchase nongrant lands on amortization contract
Status: repealed

15-07-16. Application to purchase nongrant lands on amortization contract

Repealed by S.L. 1987, ch. 193, § 5.
N.D. Cent. Code § 15-68-01 — ND Code / Title 15 / Chapter 15-68 / Section 15-68-01
15-68-01. Trust establishment
Status: in_force

15-68-01. Trust establishment

The Indian cultural education trust is established for the purpose of generating income to

benefit Indian culture.
N.D. Cent. Code § 15-10-48 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-48
15-10-48. Advancement of academics - Matching grants - University of North Dakota and North Dakota state university
Status: in_force

15-10-48. Advancement of academics - Matching grants - University of North Dakota

and North Dakota state university.

1. a. Subject to legislative appropriations, each biennium during the period beginning

July first of each odd-numbered year and ending December thirty-first of each

even-numbered year, the state board of higher education shall award one dollar

in matching grants for every two dollars raised by the institutional foundations of

the university of North Dakota and North Dakota state university for projects

dedicated exclusively to the advancement of academics.

b. To be eligible for a matching grant, an institution must demonstrate that:

(1) Its foundation has raised at least fifty thousand dollars in cash or monetary

pledges for a qualifying project; and

(2) The project has been approved by the grant review committee established

in section 15-10-51.

(3) The institution is not sponsoring, partnering with, applying for grants with, or

providing a grant subaward to any person or organization that performs, or

promotes the performance of, an abortion unless the abortion is necessary

to prevent the death of the woman, and not participating in or sponsoring

any program producing, distributing, publishing, disseminating, endorsing, or

approving materials of any type or from any organization, that between

normal childbirth and abortion, do not give preference, encouragement, and

support to normal childbirth. This paragraph does not apply to agreements

entered into with medical hospitals and clinics by the university of North

Dakota school of medicine and health sciences or by any nursing education

program at an institution under the control of the state board of higher

education.

c. The board may award up to three million two hundred forty-five thousand dollars

in matching grants each to the university of North Dakota and North Dakota state

university; and up to two million six hundred forty-five thousand dollars in

matching grants to the university of North Dakota school of medicine and health

sciences. Of the amount available to the university of North Dakota, two hundred

fifty thousand dollars must be awarded for projects dedicated to projects at the

school of law.

2. a. If any available dollars have not been awarded by the board before January first

of each odd-numbered year, in accordance with subsection 1, either the

university of North Dakota or North Dakota state university may apply for an

additional matching grant.

b. An application submitted under this subsection must meet the same criteria as an

original application.

c. The board shall consider each application submitted under this subsection in

chronological order.

d. If the remaining dollars are insufficient to provide a matching grant in the amount

of one dollar for every two dollars raised by the institutional foundation, the board

shall award a lesser amount.

3. The state board of higher education shall retain up to one-quarter of one percent of

any grant awarded under this section to assist with administrative expenses incurred in

the grant review process.
N.D. Cent. Code § 15-39.2-07 — ND Code / Title 15 / Chapter 15-39.2 / Section 15-39.2-07
15-39.2-07. Assessments - Method of payment
Status: in_force

15-39.2-07. Assessments - Method of payment

A college teacher making the election provided for in section 15-39.2-06 shall make the

payment of the required assessments for the period prior to the election by a single sum

payment in the manner provided for by the board of trustees of the teachers' fund for retirement.

Payment of the required assessments for the period after the election must be made in the

manner provided for in section 15-39.1-09.
N.D. Cent. Code § 15-39.1-10 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-10
15-39.1-10. Eligibility for normal retirement benefits
Status: in_force

15-39.1-10. Eligibility for normal retirement benefits

1. The following members who have acquired a vested right to a retirement annuity as

set forth in section 15-39.1-11 are eligible to receive monthly lifetime normal

unreduced retirement benefits under this section:

a. All tier one and tier two members who have attained the age of sixty-five years.

b. All tier one grandfathered members who have a combined total of years of

service credit and years of age which equals or exceeds eighty-five.

c. All tier one nongrandfathered members and tier two members who are at least

sixty years of age and who have a combined total of years of service credit and

years of age which equals or exceeds ninety.

2. The amount of retirement benefits is two percent of the final average monthly salary of

the member multiplied by the number of years of credited service. For the purposes of

this subsection, final average monthly salary for a tier one member means one

thirty-sixth of the total of the member's highest annual salaries earned between July

first of a calendar year and June thirtieth of the subsequent calendar year for any three

years of service credit under the fund. For purposes of this subsection, final average

monthly salary for a tier two member means one sixtieth of the total of the member's

highest annual salaries earned between July first of a calendar year and June thirtieth

of the subsequent calendar year for any five years of service credit under the fund.

3. Notwithstanding any other provision of this section, no member who retired on July 1,

1993, or after and is eligible to receive benefits under former chapter 15-39, chapter

15-39.1, or section 15-39.2-02, may receive benefits which are less than:

a. Ten dollars per month per year of teaching to twenty-five years.

b. Fifteen dollars per month per year of teaching over twenty-five years.

4. Payments must be made over a period of time which does not exceed the life

expectancy of the member or the joint life expectancy of the member and the

beneficiary. Payment of minimum distributions must be made in accordance with

section 401(a)(9) of the Internal Revenue Code [26 U.S.C. 401(a)(9)], as amended,

and the regulations issued under that section, as applicable to governmental plans.
N.D. Cent. Code § 15-02-02 — ND Code / Title 15 / Chapter 15-02 / Section 15-02-02
15-02-02. Term of office - Vacancy
Status: in_force

15-02-02. Term of office - Vacancy

The term of office of the commissioner is four years beginning July first of the year following

the general election of the governor and ending June thirtieth of the fourth calendar year after

appointment or until a successor is appointed and qualified. The commissioner may be removed

for cause at any time during the commissioner's term of office, by a vote of four or more board

members. Upon vacancy by death, resignation, or removal, the board shall appoint a

commissioner for the remainder of the four-year term.
N.D. Cent. Code § 15-10-11 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-11
15-10-11. Authority and general powers of board
Status: in_force

15-10-11. Authority and general powers of board

The state board of higher education has full authority over the institutions under its control

with the right to prescribe, limit, or modify the courses offered at the several institutions. In

furtherance of its powers, the board has the power to delegate to its employees details of the

administration of the institutions under its control. The board has authority to organize or

reorganize, within constitutional and statutory limitations, the work of each institution under its

control, and to do everything necessary and proper for the efficient and economical

administration thereof.
N.D. Cent. Code § 15-08-02 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-02
15-08-02. Township and district assessors to examine state lands - Compensation
Status: in_force

15-08-02. Township and district assessors to examine state lands - Compensation

All township and district assessors shall examine any lands designated by the

commissioner of university and school lands and report thereon in the manner and form

prescribed by the commissioner. Such assessors must be paid at the rate of three dollars per

day for time actually devoted to making such examinations, upon vouchers approved by the

commissioner.
N.D. Cent. Code § 15-05-09 — ND Code / Title 15 / Chapter 15-05 / Section 15-05-09
15-05-09. Leases for oil, gas, and other products
Status: in_force

15-05-09. Leases for oil, gas, and other products

The board of university and school lands may:

1. Lease any lands under its control believed to contain resources, including oil, gas,

coal, cement materials, sodium sulfate, sand and gravel, road material, building stone,

chemical substances, metallic ores, critical minerals, rare earth elements, colloidal or

other clays, or other naturally occurring elements and their compounds;

2. Cancel a lease if it is discovered that a lessee intends to hinder or block development

of the resources; and

3. Make and establish rules and regulations for development, drilling, and mining

operations.
N.D. Cent. Code § 15-11-40 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-40
15-11-40. State energy research center - Report
Status: in_force

15-11-40. State energy research center - Report

1. The state energy research center at the university of North Dakota energy and

environmental research center is created to conduct exploratory, transformational, and

innovative research that advances future energy opportunities and benefits the state's

economy and environment through:

a. Exploratory research of technologies and methodologies that facilitate the

prudent development, and clean and efficient use, of the state's energy

resources;

b. Greater access to energy experts for timely scientific and engineering studies to

support the state's interests; and

c. Education and outreach related to the state's energy resources.

2. The state energy research center shall report all research activities and

accomplishments annually to the interim legislative energy development and

transmission committee and the industrial commission. Upon request, the state energy

research center shall report all research activities and accomplishments to the

appropriations committees of the legislative assembly.

3. To carry out the purposes of this section, the energy and environmental research

center may:

a. Select the research topics and projects to be pursued;

b. Enter contracts or agreements with other North Dakota institutions of higher

education to support select research topics and projects;

c. Enter contracts or agreements with federal, private, and nonprofit organizations to

carry out selected research topics and projects; and

d. Accept donations, grants, contributions, and gifts from any source to carry out the

selected research topics and projects.

4. If approved by the industrial commission and conducted in consultation with the

high-level radioactive waste advisory council, the state energy research center may

conduct research or pursue projects that will result in the exploration, storage,

treatment, or disposal of high-level radioactive waste aboveground in North Dakota.
N.D. Cent. Code § 15-10-12 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-12
15-10-12. Board may accept gifts and bequests - Deposit of funds
Status: in_force

15-10-12. Board may accept gifts and bequests - Deposit of funds

The state board of higher education may, subject to the limitations of section 15-10-12.1,

receive donations, gifts, grants, and bequests offered or tendered to or for the benefit of any

institution of higher education under its control or subject to its administration, and all moneys

coming into the hands of the board as donations, gifts, grants, and bequests must be used for

the specific purpose for which they are donated or given. A special revenue fund, for each

institution of higher education under the control of the board or subject to its administration,

must be maintained within the state treasury and all institutional income from tuition collections

must be placed in the special fund for the use of the institution for which the money was raised.

All rent, interest, or income from land, money, or property, donated or granted by the United

States and allocated to specific institutions of higher learning under the terms of the Enabling

Act and the Constitution of North Dakota must be deposited in the special revenue fund of each

institution and expended in accordance with section 1 of article IX of the Constitution of North

Dakota. Moneys in the special revenue fund are subject to legislative appropriations. All other

funds, unless restricted by the terms of a grant, donation, or bequest, received by the

institutions from federal, state, and local grants and contracts, indirect cost recoveries, special

student fees, room and board fees and other auxiliary enterprise fees, student activity fees,

continuing education program fees, internal service fund revenues, and all other revenues must

be deposited in the institution special revenue funds. The state treasurer shall immediately

transfer the funds deposited in the special revenue funds to institution accounts in the Bank of

North Dakota. Biennial estimates of revenue and expenditures of the other funds by source of

funds must be presented at the same time biennial budget requests for appropriations from the

special revenue fund and state general fund are prepared and submitted to the office of the

budget. Payments from each institution's general fund appropriation must be made in amounts

as may be necessary for the operation and maintenance of each institution, except that at the

close of the biennium the balance of funds not paid from the general fund appropriation must be

deposited in the special revenue funds of the institutions. All such appropriations are subject to

proration in the same manner as other appropriations are prorated if insufficient funds are

available to meet expenditures from the general fund. Sinking funds for the payment of interest

and principal of institutional revenue bonds must be deposited pursuant to section 15-55-06.
N.D. Cent. Code § 15-20.2-16 — ND Code / Title 15 / Chapter 15-20.2 / Section 15-20.2-16
15-20.2-16. Rules, regulations, and standards for area centers
Status: in_force

15-20.2-16. Rules, regulations, and standards for area centers

The state board is authorized and empowered to establish and adopt rules, regulations,

standards, and procedures set forth in the state plan pertaining to the creation, operation,

control, supervision, and approval of area career and technology centers.
N.D. Cent. Code § 15-55-18 — ND Code / Title 15 / Chapter 15-55 / Section 15-55-18
15-55-18. School district retirement of bonds for junior colleges and off-campus educational centers
Status: repealed

15-55-18. School district retirement of bonds for junior colleges and off-campus

educational centers.

Repealed by S.L. 1999, ch. 154, § 2.
N.D. Cent. Code § 15-12.1-05 — ND Code / Title 15 / Chapter 15-12.1 / Section 15-12.1-05
15-12.1-05. North Dakota state university main research center position adjustments - Budget section report
Status: in_force

15-12.1-05. North Dakota state university main research center position adjustments -

Budget section report.

The North Dakota state university main research center must be located on the campus of

North Dakota state university of agriculture and applied science. The center is the administrative

location of the agricultural experiment station. The center shall conduct research and coordinate

all research activities of the agricultural experiment station. The research must have, as a

purpose, the development and dissemination of technology important to the production and

utilization of food, feed, fiber, and fuel from crop and livestock enterprises. The research must

provide for the enhancement of quality of life, sustainability of production, and protection of the

environment. The station director may adjust or increase full-time equivalent positions to carry

out activities to accomplish the mission of the agricultural experiment station, subject to the

availability of funds. All full or partial positions must be separate from North Dakota state

university. The station director shall report annually to the office of management and budget and

to the budget section any adjustments or increases made under this section. The center may

conduct baseline research, including production and processing in conjunction with the research

and extension centers of the state, regarding industrial hemp and other alternative industrial use

crops. The center may collect feral hemp seed stock and develop appropriate adapted strains of

industrial hemp which contain less than three-tenths of one percent tetrahydrocannabinol in the

dried flowering tops. The agriculture commissioner shall monitor the collection of feral hemp

seed stock and industrial hemp strain development and shall certify appropriate stocks for

licensed commercial cultivation.
N.D. Cent. Code § 15-05-15 — ND Code / Title 15 / Chapter 15-05 / Section 15-05-15
15-05-15. Assignment of lease only with consent of board
Status: in_force

15-05-15. Assignment of lease only with consent of board

Leases made for the purpose of obtaining or extracting oil, gas, coal, cement materials,

sodium sulfate, sand and gravel, road material, building stone, chemical substances, metallic

ores, or colloidal or other clays may not be assigned nor transferred except with the written

consent of the board of university and school lands.
N.D. Cent. Code § 15-07-21 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-21
15-07-21. Cancellation of leases of nongrant lands
Status: in_force

15-07-21. Cancellation of leases of nongrant lands

Leases of nongrant lands are subject to cancellation upon like conditions and in like manner

as leases of original grant lands.
N.D. Cent. Code § 15-07-11 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-11
15-07-11. Purchaser of farmlands purchased on crop share payment contract - Account of farm income - Assignability of contract
Status: repealed

15-07-11. Purchaser of farmlands purchased on crop share payment contract -

Account of farm income - Assignability of contract.

Repealed by S.L. 1987, ch. 193, § 5.
N.D. Cent. Code § 15-08-19.4 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-19.4
15-08-19.4. Prohibited activities - Penalty
Status: in_force

15-08-19.4. Prohibited activities - Penalty

1. The following activities and items are prohibited on trust lands:

a. Target shooting, explosives, and exploding targets;

b. Camping, picnicking, or campfires;

c. Unattended trail cameras, hunting blinds, tree stands, and screw-in steps unless

otherwise authorized by the commissioner of university and school lands;

d. Using bait to attract, lure, feed, or habituate wildlife for any purpose. For purposes

of this subsection "bait" includes grains, screenings, minerals, salt, fruits,

vegetables, hay, or any other natural or manufactured feeds, but not the use of

lures, scents, or liquid attractants for hunting;

e. Disturbing or removing artifacts or any cultural, historical, archeological, or

paleontological resources found on trust lands without written permission from the

board of university and school lands;

f. Disposing of refuse, including garbage, bottles, cans, trees, branches, or other

waste materials;

g. Dog training;

h. Metal detecting;

i. Guiding and outfitting;

j. Collecting plant parts for sale or other commercial purposes;

k. Trapping, unless authorized in writing by the commissioner;

l. Tree cutting and firewood gathering, unless authorized in writing by the

commissioner;

m. Beehives, unless specifically authorized in writing by the commissioner; and

n. Organized events for which the commissioner has not issued a written agreement

or permit in accordance with section 15-08-19.1.

2. An individual who violates subdivision n of subsection 1 is guilty of a class B

misdemeanor.
N.D. Cent. Code § 15-39.2-01 — ND Code / Title 15 / Chapter 15-39.2 / Section 15-39.2-01
15-39.2-01. Retired teachers - Election of coverage - Eligibility - Limitation
Status: in_force

15-39.2-01. Retired teachers - Election of coverage - Eligibility - Limitation

Notwithstanding the provisions of chapter 15-39.1, any person who retired from teaching

under the teachers' insurance and retirement fund prior to July 1, 1971, who had ten or more

years of teaching credit under that program is entitled to elect to qualify for benefits under the

teachers' fund for retirement by complying with the provisions of this chapter. A college teacher

who retired from teaching after July 1, 1971, may, notwithstanding the provisions of section

15-39.1-25, elect to receive benefits in accordance with chapter 15-39.1 and section 15-39.2-05.

The amount of monthly benefits to which an annuitant electing to come under the 1971 law is

entitled until death is equal to one and one-half percent of the monthly salary of the annuitant for

the last school year for each year of service of that annuitant. Monthly salary within the meaning

of this provision is deemed to be an amount equal to one-twelfth of the annual salary of the

teacher. If for any reason the earnings of the teacher for the last year of teaching are shown to

have been nonrepresentative of the teacher's typical earnings, the board shall readjust the

credit to be allowed for past years of service to the last year of typical earnings. As used in this

section, "college teacher" means a retired teacher who is entitled to receive an annuity through

the teachers' insurance and annuity association of America - college retirement equities fund

(TIAA-CREF) as a result of having participated in the North Dakota state board of higher

education TIAA-CREF retirement plan for North Dakota state institutions of higher education.
N.D. Cent. Code § 15-71-03 — ND Code / Title 15 / Chapter 15-71 / Section 15-71-03
15-71-03. Ethanol and biomass incentives
Status: in_force

15-71-03. Ethanol and biomass incentives

If established or named by the state board of higher education, the biomass energy center

or centers shall work to identify and evaluate incentives for cellulosic ethanol production and

biomass energy through the legislative assembly or at the federal level. The center or centers

shall identify and evaluate incentives for producers, such as providing payment for producers to

grow a dedicated bio-energy crop or support equipment, harvesting, and transportation costs.
N.D. Cent. Code § 15-13-06 — ND Code / Title 15 / Chapter 15-13 / Section 15-13-06
15-13-06. Degrees - Diplomas
Status: repealed

15-13-06. Degrees - Diplomas

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-62.4-03.1 — ND Code / Title 15 / Chapter 15-62.4 / Section 15-62.4-03.1
15-62.4-03.1. Supplemental state grant award
Status: in_force

15-62.4-03.1. Supplemental state grant award

1. An individual eligible for a student financial assistance grant under this chapter may be

considered for a supplemental state grant award if the individual's total family income,

as identified on the free application for federal student aid, is no more than eighty

thousand dollars.

2. A supplemental state grant award may not be provided for the summer term.

3. Each semester or quarter, the state board of higher education shall provide to an

eligible student a supplemental state grant award in an amount that, combined with the

individual's student financial assistance grant and any federal Pell grant award, does

not exceed the tuition charged at the institution in which the student is enrolled. The

amount may not exceed the highest undergraduate semester tuition charged at an

institution of higher education under the control of the state board of higher education.

4. If funding appropriated for this program is not sufficient to pay the full amount of the

grant award under subsection 3, the state board of higher education may prorate the

amount.

5. The state board of higher education may impose deadlines to qualify for an award

under this section.
N.D. Cent. Code § 15-05-10 — ND Code / Title 15 / Chapter 15-05 / Section 15-05-10
15-05-10. Royalties from oil and gas leases - Obligation to pay - Rents from other leases - Breach - Rules
Status: in_force

15-05-10. Royalties from oil and gas leases - Obligation to pay - Rents from other

leases - Breach - Rules.

1. Oil and gas leases must be made by the board of university and school lands at such

annual minimum payments as are determined by the board, but the royalty may not be

less than twelve and one-half percent of the gross output of oil from the lands leased.

Oil and gas leases made by the board may authorize a royalty of less than twelve and

one-half percent for production from stripper well properties or individual stripper wells

and qualifying secondary recovery and qualifying tertiary recovery projects as defined

in section 57-51.1-01. Leases issued by the board under section 15-05-09 for products

other than oil and gas must provide for adequate rental payments and other provisions

as determined by the board.

2. The obligation arising under an oil and gas lease to pay oil or gas royalties to the

board of university and school lands, to deliver oil or gas to a purchaser to the credit of

the board, or to pay the market value thereof is of the essence in the lease contract,

and breach of the obligation may constitute grounds for the cancellation of the lease in

any case in which it is determined by the court that the equities of the case require

cancellation. If the lessee or the lessee's representative or assignee under an oil and

gas lease fails to pay oil or gas royalties to the board within the time prescribed by

administrative rule and cancellation of the lease is not sought, the lessee or the

lessee's representative or assignee thereafter shall pay interest on the unpaid royalties

at a rate of three-quarters of one percent per month, not to exceed nine percent per

annum. The commissioner may waive all or a portion of the interest under this

subsection for good cause.

3. If a lessee or the lessee's representative or assignee fails to respond or refuses to file

an amended royalty statement and pay the royalty owed within ninety days of

receiving written notice by mail of an underpayment, as provided by rule 4 of the North

Dakota Rules of Civil Procedure, the board may impose a penalty of one-half percent

per month, not to exceed six percent per annum. A party is deemed to have failed to

respond if the party has not responded within ninety days of receipt of the written

notice, or the party in response to the notice affirmatively indicates the intent not to pay

the royalty or amounts due. The commissioner may waive all or a portion of the

interest under this subsection for good cause.

4. If a lessee or the lessee's representative or assignee disputes a royalty assessment or

demand by the board, the lessee or the lessee's representative or assignee may

tender full payment of the disputed amount under protest any time after an

assessment or demand is made by the board. Upon payment of the disputed amount

under protest, all interest and penalties must cease to accrue. If it is determined that

the payment of the disputed amount resulted in an overpayment, the party that made

the payment is entitled to a refund of the overpayment amount plus interest at the rate

established under section 28-20-34.

5. If a lessee or the lessee's representative or assignee fails or refuses to comply with

demands by the board to pay royalties, interest, or penalties under this chapter, the

board may file an action to cancel the lease, recover unpaid royalties, and recover

interest and penalties on the unpaid royalties. Notwithstanding chapter 28-01, an

action under this subsection must be commenced within seven years of the date oil or

gas was produced under a lease. An action to cancel a lease, recover unpaid royalties,

or recover interest or penalties on unpaid royalties may not be filed for production that

occurred under a lease before August 1, 2013.

6. The board may adopt rules regarding rental payments and royalties under this section.
N.D. Cent. Code § 15-20.4-03.1 — ND Code / Title 15 / Chapter 15-20.4 / Section 15-20.4-03.1
15-20.4-03.1. Career school fee fund
Status: in_force

15-20.4-03.1. Career school fee fund

There is created a career school fee fund into which fees provided to the board upon

application for authorization to operate a postsecondary career school under section 15-20.4-03

must be deposited. The fund and interest earned on the fund may be spent by the board

pursuant to legislative appropriation exclusively to carry out the intent and purpose of this

chapter. This fund is not subject to section 54-44.1-11.
N.D. Cent. Code § 15-08-18.2 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-18.2
15-08-18.2. Cancellation of taxes upon cancellation of contract
Status: repealed

15-08-18.2. Cancellation of taxes upon cancellation of contract

Repealed by omission from this code.
N.D. Cent. Code § 15-20.1-16.2 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-16.2
15-20.1-16.2. Science - Technology - Engineering - Mathematics - Grants - Continuing appropriation - Report
Status: in_force

15-20.1-16.2. Science - Technology - Engineering - Mathematics - Grants - Continuing

appropriation - Report.

1. The department of career and technical education may accept gifts, grants, and

donations for the purpose of providing science, technology, engineering, and

mathematics advancement grants.

2. Grant recipients shall focus on facilitating, coordinating, and advancing science,

technology, engineering, and mathematics initiatives in this state, and shall work with

representatives of elementary and secondary education, tribal schools, higher

education, and private sector industries to strengthen educational opportunities, align

the educational opportunities with economic development and workforce needs, and

ensure the existence of a creative and productive workforce with the skills and

knowledge to be globally competitive.

3. All moneys received under this section are appropriated on a continuing basis to the

department of career and technical education for the purpose of providing science,

technology, engineering, and mathematics advancement grants. The department of

career and technical education shall report to the appropriations committees of each

legislative assembly on funds received and the use of the funds.
N.D. Cent. Code § 15-11-25 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-25
15-11-25. Alumni building - Contract for heat and light
Status: repealed

15-11-25. Alumni building - Contract for heat and light

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-09-02 — ND Code / Title 15 / Chapter 15-09 / Section 15-09-02
15-09-02. Appraisal of lands described in application
Status: in_force

15-09-02. Appraisal of lands described in application

Unless the land described in an application made under the provisions of this chapter has

been appraised within two years prior to the filing of the application, the board of university and

school lands shall have the same appraised in accordance with the provisions of this title, and if

the land described in the application is a fractional part of an appraised tract, an appraisal

thereof must be made in any event.
N.D. Cent. Code § 15-52-05 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-05
15-52-05. Facilities
Status: in_force

15-52-05. Facilities

The university authorities shall make the facilities of the university of North Dakota school of

medicine and health sciences available to all agencies of the state, federal, and local

governments engaged in health and welfare activities to the fullest extent possible within the

limits of a complete and coordinated program for the use thereof on terms commensurate with

the cost of services rendered and facilities furnished. The work of the school of medicine and

health sciences must be coordinated with the work of the other departments of the university of

North Dakota. Means must be provided whereby regularly enrolled students in other schools or

departments of the university of North Dakota may, upon approval of the dean of such other

school or department, enroll in elective courses in the medical school and receive credit therefor

in the school or department in which they are regularly enrolled, subject to such policy and

procedures as may be established by the university of North Dakota and the state board of

higher education. Medical students may enroll in other departments and schools. Such action

must be taken as may serve to make both the school of medicine and health sciences and the

other departments and schools of the university of North Dakota more efficient and responsive

to needs of the people through the mutual interchange of facilities, and service, wherever

possible.
N.D. Cent. Code § 15-11-37 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-37
15-11-37. Acceptance of gifts by dean of university of North Dakota school of medicine and health sciences - Continuing appropriation
Status: in_force

15-11-37. Acceptance of gifts by dean of university of North Dakota school of

medicine and health sciences - Continuing appropriation.

Notwithstanding any other provisions of law, the dean of the university of North Dakota

school of medicine and health sciences may accept and receive gifts, grants, bequests, and

donations that are hereby appropriated for use by the university of North Dakota school of

medicine and health sciences.
N.D. Cent. Code § 15-08-20 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-20
15-08-20. Willful and casual trespass - Civil action for damages
Status: in_force

15-08-20. Willful and casual trespass - Civil action for damages

Any person who commits any trespass upon any of the surface or subsurface lands and

resources controlled by the board of university and school lands is liable in treble damages in an

action to be brought in the name of the state, if the trespass is adjudged to have been willful, but

single damages only may be recovered in the action if the trespass is adjudged to have been

casual and involuntary.
N.D. Cent. Code § 15-13-04 — ND Code / Title 15 / Chapter 15-13 / Section 15-13-04
15-13-04. President - Duties
Status: repealed

15-13-04. President - Duties

Repealed by S.L. 2001, ch. 162, § 7.
N.D. Cent. Code § 15-39.1-10.7 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-10.7
15-39.1-10.7. Postretirement adjustments
Status: in_force

15-39.1-10.7. Postretirement adjustments

An individual who on June 30, 1991, is receiving monthly benefits from the fund on an

account paid under this chapter or under former chapter 15-39 is entitled to receive three dollars

per month multiplied by the individual's number of years of credited service for individuals who

retired before 1980, two dollars per month multiplied by the individual's number of years of

credited service for individuals who retired after 1979 and before 1984, or one dollar per month

multiplied by the individual's number of years of credited service for individuals who retired after

1983 and who retire before July 1, 1991, or an increase of ten percent in the individual's

currently payable annuity, whichever is greater. The minimum monthly increase under this

section is five dollars and the maximum monthly increase under this section is seventy-five

dollars.
N.D. Cent. Code § 15-18.1-03 — ND Code / Title 15 / Chapter 15-18.1 / Section 15-18.1-03
15-18.1-03. Voluntary application for authorization to operate
Status: repealed

15-18.1-03. Voluntary application for authorization to operate

Repealed by S.L. 2025, ch. 159, § 8.
N.D. Cent. Code § 15-10-76 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-76
15-10-76. Institutions of higher education - Acceptance of health care sharing ministries as health care coverage
Status: in_force

15-10-76. Institutions of higher education - Acceptance of health care sharing

ministries as health care coverage.

1. A student's active participation in a health care sharing ministry, as defined under

chapter 50-37, satisfies any requirement that a student enrolled in an institution of

higher education maintain health care coverage, except as provided in subsection 2.

2. Notwithstanding subsection 1, this section does not apply to an international student

who is required to maintain health insurance coverage in compliance with federal visa

regulations, including students holding J, F, or M visas. Institutions of higher education

shall require these students to obtain a health insurance policy that meets the

minimum standards provided by the United States department of state and a state

board of higher education policy governing health insurance requirements for

international students.
N.D. Cent. Code § 15-12.1-07 — ND Code / Title 15 / Chapter 15-12.1 / Section 15-12.1-07
15-12.1-07. Williston research extension center
Status: in_force

15-12.1-07. Williston research extension center

The Williston research extension center must be located in or near Williston in Williams

County. The center shall conduct research designed to increase productivity of all agricultural

products of the soil while maintaining or improving the soil resource base in the agricultural

region of northwestern North Dakota by:

1. The identification of adapted crop species and superior crop cultivars;

2. Propagation and distribution of selected seed stocks; and

3. Development of profitable cropping systems that achieve the necessary balance

between profitability and conservation of all natural resources.
N.D. Cent. Code § 15-11-38 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-38
15-11-38. Ralph Engelstad arena
Status: in_force

15-11-38. Ralph Engelstad arena

The hockey arena constructed on the campus of the university of North Dakota with funds

donated by Ralph and Betty Engelstad is officially named the Ralph Engelstad arena.
N.D. Cent. Code § 15-08-18.3 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-18.3
15-08-18.3. Taxation upon sale to vendee under preference right
Status: in_force

15-08-18.3. Taxation upon sale to vendee under preference right

In the event that a vendee governed by the provisions of section 15-08-18.1, or the

vendee's heirs, purchases real property under the terms and conditions of any law granting a

preference right of purchase, the taxes levied upon the real property under the provisions of

section 15-08-18.1 are a lien upon the interest of the vendee and the vendee's heirs, but not as

against the vendor, and become delinquent and must be collected as other real property taxes

become delinquent and are collected. Immediately upon real property being repurchased as

herein provided, the vendor shall notify the county auditor in the same manner as is provided for

by section 15-08-18.1 and the real property must be assessed and taxes levied thereon, subject

to further subsequent cancellation of the reinstated or new contract, and the resulting

cancellation of the taxes on the property concerned. If real property is repurchased for cash by a

vendee or the vendee's heirs under a preference right to do so, the taxes levied against the

interest of the vendee must be paid in addition to any sum required to be paid by the law under

which the purchaser is granted a preference right of purchase.
N.D. Cent. Code § 15-62.4-01 — ND Code / Title 15 / Chapter 15-62.4 / Section 15-62.4-01
15-62.4-01. Student financial assistance program
Status: in_force

15-62.4-01. Student financial assistance program

The state board of higher education shall administer the North Dakota student financial

assistance program for the purpose of providing a grant to an individual who demonstrates

significant financial need and who:

1. a. Graduated from a high school in this state;

b. Graduated from a high school in a bordering state, pursuant to chapter 15.1-29;

c. Graduated from a nonpublic high school in a bordering state while residing with a

custodial parent in this state;

d. Completed a program of home education supervised in accordance with chapter

15.1-23; or

e. Received a general educational development high school diploma from the

superintendent of public instruction;

2. a. Is enrolled at an accredited institution of higher education in this state, provided

the institution offers a program of instruction equal to at least two academic

years; or

b. Because of a medically certifiable disability is enrolled at an accredited institution

of higher education outside of this state which offers the individual special

services or facilities not available in this state, provided the institution offers a

program of instruction equal to at least two academic years; and

3. Is pursuing a course of study determined by the state board of higher education to be

at least quarter-time.
N.D. Cent. Code § 15-39.2-08 — ND Code / Title 15 / Chapter 15-39.2 / Section 15-39.2-08
15-39.2-08. Benefits
Status: in_force

15-39.2-08. Benefits

Any college teacher making the election provided for in section 15-39.2-06 and paying the

assessments provided for in section 15-39.2-07 is eligible for the same benefits as a public

schoolteacher with like average salary and years of service would receive under section

15-39.1-10.
N.D. Cent. Code § 15-12.1-03 — ND Code / Title 15 / Chapter 15-12.1 / Section 15-12.1-03
15-12.1-03. Center directors - Research and research extension centers - Records and information
Status: in_force

15-12.1-03. Center directors - Research and research extension centers - Records and

information.

The station director has jurisdiction over the research and research extension centers of the

agricultural experiment station. The center director shall administer each research or research

extension center. The center director shall report to the station director. Each research or

research extension center shall keep detailed records of all research activities. The research or

research extension center shall publish and disseminate research results and information for the

benefit of this state.
N.D. Cent. Code § 15-19-05 — ND Code / Title 15 / Chapter 15-19 / Section 15-19-05
15-19-05. Study centers - Adult classes
Status: repealed

15-19-05. Study centers - Adult classes

Repealed by S.L. 1965, ch. 127, § 6.
N.D. Cent. Code § 15-39.2-04 — ND Code / Title 15 / Chapter 15-39.2 / Section 15-39.2-04
15-39.2-04. Beneficiaries of certain deceased teachers - Election - Contribution to fund
Status: in_force

15-39.2-04. Beneficiaries of certain deceased teachers - Election - Contribution to

fund.

The beneficiary of a deceased teacher may make an election pursuant to the provisions of

this chapter; provided, that the beneficiary may not elect the second option provided under

section 15-39.2-02, which option relates to teachers who have at least seventeen years of

teaching credit under the teachers' insurance and retirement fund. The annuity of such

beneficiary must be computed in the manner in which the deceased teacher's annuity would

have been computed if the deceased teacher had lived and had made such election. For the

purposes of this section, the term "beneficiary" has the same meaning as such term has in

section 15-39.1-17 concerning persons entitled to a monthly annuity under the provisions of

chapter 15-39.1, and the term "deceased teacher" means a teacher, deceased at the time

application for an election is made, who died or retired from teaching under the teachers'

insurance and retirement fund prior to July 1, 1971. Provided, however, that in order to be

eligible to make such election, a beneficiary shall pay into the teachers' fund for retirement such

amounts as the deceased teacher would have been required to pay had that teacher made the

election prior to death.
N.D. Cent. Code § 15-04-15 — ND Code / Title 15 / Chapter 15-04 / Section 15-04-15
15-04-15. Collection of rentals
Status: in_force

15-04-15. Collection of rentals

The lessee of any land leased under the provisions of this chapter, or the lessee's heirs,

executors, administrators, or assigns shall pay to the state commissioner of university and

school lands at the commissioner's office in Bismarck, North Dakota, or to the commissioner's

duly appointed agent any amounts that may become due from time to time upon the lease.
N.D. Cent. Code § 15-39.1-30 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-30
15-39.1-30. Confidentiality of records
Status: in_force

15-39.1-30. Confidentiality of records

All records relating to the retirement benefits of a member or a beneficiary under this

chapter are confidential and are not public records. The information and records may be

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

1. A person to whom the teacher has given written consent to have the information

disclosed.

2. A person legally representing the teacher, upon proper proof of representation, and

unless the teacher specifically withholds consent.

3. A person authorized by a court order.

4. A member's participating employer, limited to information concerning the member's

years of service credit, years of age, employer and employee contribution amounts,

and salary. The board may share other types of information as needed by the

employer to validate the employer's compliance with existing state or federal law. Any

information provided to the member's participating employer under this subsection

must remain confidential except as provided in subsection 6.

5. The administrative staff of the public employees retirement system for purposes

relating to membership and benefits determination.

6. State or federal agencies for the purpose of validating member eligibility or employer

compliance with existing state or federal law.

7. Member interest groups approved by the board, limited to information concerning the

member's death.

8. A government child support enforcement agency for purposes of establishing paternity

or establishing, modifying, or enforcing a child support obligation of the member.

9. The member's spouse or former spouse, that individual's legal representative, and the

judge presiding over the member's dissolution proceeding for purposes of aiding the

parties in drafting a qualified domestic relations order under section 15-39.1-12.2. The

information disclosed under this subsection must be limited to information necessary

for drafting the order.

10. Beneficiaries designated by a participating member or a former participating member

to receive benefits after the member's death, but only after the member's death.

Information relating to beneficiaries may be disclosed to other beneficiaries of the

same member.

11. The general public, but only after the board has been unable to locate the member for

a period in excess of two years, and limited to the member's name and the fact that

the board has been unable to locate the member.

12. Any person if the board determines disclosure is necessary for treatment, operational,

or payment purposes, including the completion of necessary documents.

13. A person if the information relates to an employer service purchase, but the

information must be limited to the member's name and employer, the retirement

program in which the member participates, the amount of service credit purchased by

the employer, and the total amount expended by the employer for that service credit

purchase. Information identified under this subsection may only be obtained from the

member's employer.
N.D. Cent. Code § 15-10-46.1 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-46.1
15-10-46.1. University of North Dakota athletic nickname and logo
Status: in_force

15-10-46.1. University of North Dakota athletic nickname and logo

Neither the state board of higher education nor the university of North Dakota may adopt or

implement an athletic nickname or corresponding logo before January 1, 2015.
N.D. Cent. Code § 15-20.2-04 — ND Code / Title 15 / Chapter 15-20.2 / Section 15-20.2-04
15-20.2-04. Center boards - Appointment of members - Terms - Compensation - Vacancies
Status: in_force

15-20.2-04. Center boards - Appointment of members - Terms - Compensation -

Vacancies.

1. An area career and technology center must be operated by a center board of at least

five members. No more than one member for each participating district provided,

however, that each participating school district with three hundred or more high school

students must be allowed one member for each three hundred high school students or

fraction thereof with no more than three members from any one school district. If a

school district has one center board member, that member must be a school board

member. If a school district has more than one center board member, one member

must be a school board member and any other center board member may be a

designee. The terms of office of the school district members of center boards must be

for at least one year and terminate upon the expiration of the member's terms on the

member's respective school boards. Members are eligible for reappointment to center

boards.

2. A center board may appoint up to five community board members in addition to the

school district members permissible under subsection 1. The number of community

board members appointed under this subsection must be fewer than the number of

school district members permissible under subsection 1. Subject to the limitations in

this subsection, the center board may appoint:

a. No more than one community board member from an institution of higher

education, including an institution under the control of the state board of higher

education, a North Dakota nonpublic accredited institution of higher education, or

a tribally controlled community college.

b. No more than one community board member from a parochial or private school.

c. One or more community board members from a private sector entity, with each

community board member representing a different private sector.

3. The terms of office of the community board members of center boards must be three

years.

4. Center board members shall receive the same compensation and expenses for

attending center board meetings or for otherwise engaging in official business for the

center as provided in section 15.1-09-06 for members of school boards. Compensation

and expenses of center board members must be paid out of center funds.

5. School district member vacancies on a center board must be filled by the school board

whose representation was lost when the vacancy occurred. Community member

vacancies on a center board may be filled by the center board pursuant to

subsection 2.
N.D. Cent. Code § 15-39.1-15 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-15
15-39.1-15. Withdrawal from fund - Return to teaching
Status: in_force

15-39.1-15. Withdrawal from fund - Return to teaching

A teacher who has withdrawn from the fund as set forth in this chapter, by returning to teach

in a public school or state institution of this state, may regain service credit for prior teaching by

making the required payment. The required payment is the purchase cost on an actuarial

equivalent basis. If the teacher returns to teach in covered employment after June 30, 2008, the

teacher becomes a tier two member regardless of whether the teacher repurchases service

credit earned while the teacher was a tier one member.
N.D. Cent. Code § 15-13-03 — ND Code / Title 15 / Chapter 15-13 / Section 15-13-03
15-13-03. Courses of study - Limitation
Status: repealed

15-13-03. Courses of study - Limitation

Repealed by S.L. 1991, ch. 162, § 1.
N.D. Cent. Code § 15-08-13 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-13
15-08-13. Redemption from cancellation of contracts
Status: in_force

15-08-13. Redemption from cancellation of contracts

When a contract has been canceled under the provisions of this chapter, the purchaser or

the purchaser's heirs or assigns, during a period of one year from the date of such cancellation,

may pay to the commissioner of university and school lands all past-due payments on principal

and the amount of interest due and payable on the contract, together with all costs which have

been incurred in addition thereto, and interest at the rate of four percent per annum on the

interest and costs so due from the date of delinquency to the date of payment, and such

payment operates as a redemption of the rights of such purchaser or the purchaser's heirs or

assigns, and such contract, from the time of such payment, is reinstated. As a part of such

redemption, the purchaser shall pay taxes due or delinquent at the time of the redemption.

When a redemption has been made from the cancellation of any contract, a certified copy of the

resolution of the board of university and school lands rescinding the resolution of cancellation

must be forwarded to the county auditor. A certified copy of such resolution may be recorded in

the office of the recorder in the county in which such land is situated.
N.D. Cent. Code § 15-39.1-09 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-09
15-39.1-09. Membership in fund and assessments - Employer payment of employee contribution (Contingent expiration date - See note)
Status: in_force

15-39.1-09. Membership in fund and assessments - Employer payment of employee

contribution. (Contingent expiration date - See note)

1. Except as otherwise provided by law, every teacher is a member of the fund and must

be assessed upon the teacher's salary seven and seventy-five hundredths percent per

annum, which must be deducted, certified, and paid monthly to the fund by the

disbursing official of the governmental body by which the teacher is employed.

Member contributions increase to nine and seventy-five hundredths percent per

annum beginning July 1, 2012, and increase thereafter to eleven and seventy-five

hundredths percent per annum beginning July 1, 2014. Except as otherwise provided

by law, every governmental body employing a teacher shall pay to the fund eight and

seventy-five hundredths percent per annum of the salary of each teacher employed by

it. Contributions to be paid by a governmental body employing a teacher increase to

ten and seventy-five hundredths percent per annum beginning July 1, 2012, and

increase thereafter to twelve and seventy-five hundredths percent per annum

beginning July 1, 2014. The required amount of member and employer contributions

must be reduced to seven and seventy-five hundredths percent per annum effective on

the July first that follows the first valuation showing a ratio of the actuarial value of

assets to the actuarial accrued liability of the teachers' fund for retirement that is equal

to or greater than one hundred percent. The disbursing official of the governmental

body shall certify the governmental body payments and remit the payments monthly to

the fund.

2. Each employer, at its option, may pay the teacher contributions required by

subsection 1 for all compensation earned after June 30, 1983. The amount paid must

be paid by the employer in lieu of contributions by the employee. If an employer

decides not to pay the contributions, the amount that would have been paid will

continue to be deducted from compensation. If contributions are paid by the employer,

they must be treated as employer contributions in determining income tax treatment

under this code and the federal Internal Revenue Code. If contributions are paid by the

employer, they may not be included as gross income of the teacher in determining tax

treatment under this code and the Internal Revenue Code until they are distributed or

made available. The employer shall pay these teacher contributions from the same

source of funds used in paying compensation to the teachers. The employer shall pay

these contributions by effecting an equal cash reduction in the gross salary of the

employee or by an offset against future salary increases. If teacher contributions are

paid by the employer, they must be treated for the purposes of this chapter in the

same manner and to the same extent as teacher contributions made prior to the date

the contributions were assumed by the employer. The option given employers by this

subsection must be exercised in accordance with rules adopted by the board.

3. A person, except the superintendent of public instruction, who is certified to teach in

this state by the education standards and practices board and who is first employed

and entered upon the payroll of the superintendent of public instruction after

January 6, 2001, may elect to become a participating member of the public employees

retirement system. An election made by a person to participate in the public

employees retirement system under this subsection is irrevocable. Nonteaching

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

public instruction, may elect to transfer to the public employees retirement system

pursuant to section 54-52-02.13. Employees of the state board for career and

technical education may elect to transfer to the public employees retirement system

pursuant to section 54-52-02.14.

4. An individual who is first employed and entered upon the payroll of the state board for

career and technical education after July 1, 2007, may elect to become a participating

member of the public employees retirement system. An election made by an individual

to participate in the public employees retirement system under this subsection is

irrevocable.
N.D. Cent. Code § 15-03-01 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-01
15-03-01. Permanent funds - State treasurer
Status: in_force

15-03-01. Permanent funds - State treasurer

All moneys belonging to the permanent funds of the common schools and other public

institutions derived from the sale of any of the lands described in section 15-01-02 or from any

other source must be paid over to the state treasurer and are subject to the order of the board of

university and school lands. Such moneys must be paid over on the order of the board for

investment as provided in this chapter whenever the board requires the same.
N.D. Cent. Code § 15-54.1-05 — ND Code / Title 15 / Chapter 15-54.1 / Section 15-54.1-05
15-54.1-05. Capital building fund pool
Status: in_force

15-54.1-05. Capital building fund pool

If the state board of higher education has not allocated capital building fund moneys to an

institution by January first of the third biennium after the funding was appropriated or transferred

to the fund, the board shall reallocate the funds to a pool within the university system capital

building fund. Any institution under the control of the state board of higher education that has

fully matched and committed its university system capital building fund allocation may apply for

and be allocated funding from the capital building fund pool, subject to state board of higher

education approval and tier III capital building fund matching requirements under this chapter.
N.D. Cent. Code § 15-12-18 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-18
15-12-18. Construction of chapter
Status: repealed

15-12-18. Construction of chapter

Repealed by S.L. 1989, ch. 646, § 12.
N.D. Cent. Code § 15-18.1-06 — ND Code / Title 15 / Chapter 15-18.1 / Section 15-18.1-06
15-18.1-06. Prohibition - Penalty
Status: in_force

15-18.1-06. Prohibition - Penalty

1. A person may not:

a. Operate, in this state, a postsecondary educational institution not exempted from

the provisions of this chapter, unless the institution has a currently valid

authorization to operate issued under this chapter.

b. Instruct or educate, or offer to instruct or educate, including advertising or

soliciting for such purpose, enroll or offer to enroll, contract or offer to contract

with any person for such purpose, or award any educational credential, or

contract with any institution or party to perform any such act, at a facility or

location in this state unless the person observes and complies with the minimum

standards and criteria established by the board and the policies adopted by the

board.

c. Use the term "university", "institute", or "college" without authorization to do so

from the board.

d. Grant, or offer to grant, educational credentials, without authorization to do so

from the board.

2. A person who violates this section, or who fails or refuses to deposit with the board the

records required by the board under this chapter, is subject to a civil penalty not to

exceed one thousand five hundred dollars for each violation. Each day's failure to

comply with these provisions is a separate violation. The fine may be imposed by the

board consistent with board policy and procedure.

3. A person who willfully violates this section, or who willfully fails or refuses to deposit

with the board the records required by the board under this chapter, is guilty of a

class B misdemeanor. The criminal sanctions may be imposed by a court of competent

jurisdiction in an action brought by the attorney general of this state or a state's

attorney pursuant to section 15-18.1-12.

4. The board may suspend or revoke a person's authorization to offer distance education

to North Dakota residents until the person complies with the national council for state

authorization reciprocity agreements membership requirements, unless the person is

exempt under section 15-18.1-18.

5. The North Dakota university system office will notify in writing a person found to be out

of compliance and the person will have thirty days to remedy the deficiency. If the

deficiency is not remedied within the thirty-day period, penalties may be assessed

under subsection 2.
N.D. Cent. Code § 15-39.1-19.3 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-19.3
15-39.1-19.3. Membership in fund and assessment - Retired military personnel - Exception
Status: in_force

15-39.1-19.3. Membership in fund and assessment - Retired military personnel -

Exception.

A teacher may choose not to be a member of the fund and pay the assessment on the

teacher's salary under section 15-39.1-09 if the teacher is:

1. Contractually employed in teaching in this state;

2. In the teacher's first year of teaching; and

3. An individual who served at least twenty years in any branch of the armed forces of

the United States on full-time active duty and retired with full military retirement

benefits before becoming a licensed teacher.
N.D. Cent. Code § 15-10.7-01 — ND Code / Title 15 / Chapter 15-10.7 / Section 15-10.7-01
15-10.7-01. Definitions
Status: in_force

15-10.7-01. Definitions

As used in this chapter:

1. "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or

to a member of a race or sex, because of their race or sex, and includes a claim that,

consciously or subconsciously, and by virtue of an individual's race or sex, a member

of a race is inherently racist or inclined to oppress others, or a member of a sex is

inherently sexist or inclined to oppress others.

2. "Race or sex stereotyping" means ascribing a character trait, value, moral and ethical

code, privilege, status, or belief to a race or sex, or to an individual because of the

individual's race or sex.

3. "Specified concept" means a concept that:

a. One race or sex is inherently superior or inferior to another race or sex;

b. An individual, by virtue of the individual's race or sex, is inherently privileged,

racist, sexist, or oppressive, whether consciously or subconsciously;

c. An individual should be discriminated against or receive adverse treatment

because of the individual's race or sex;

d. An individual's moral character is determined by the individual's race or sex;

e. An individual, by virtue of the individual's race or sex, bears responsibility for an

action committed in the past by other members of the same race or sex;

f. An individual should feel discomfort, guilt, anguish, or another form of

psychological distress solely because of the individual's race or sex;

g. A meritocracy is inherently racist or sexist, or designed by a particular race or sex

to oppress another race or sex;

h. This state or the United States is fundamentally or irredeemably racist or sexist;

i. Promotes or advocates the violent overthrow of the United States government;

j. Promotes division between, or resentment of, a race, sex, religion, creed,

nonviolent political affiliation, social class, or class of people;

k. Ascribes a character trait, value, moral or ethical code, privilege, or belief to a

race or sex, or to an individual because of the individual's race or sex;

l. The rule of law does not exist, but instead is a series of power relationships and

struggles among racial or other groups;

m. All Americans are not created equal and are not endowed by their creator with

certain unalienable rights, including life, liberty, and the pursuit of happiness;

n. Governments should deny to any person within the government's jurisdiction the

equal protection of the law;

o. Includes race or sex stereotyping; or

p. Includes race or sex scapegoating.

4. "Training" includes a noncredit earning:

a. Seminar;

b. Workshop; or

c. Orientation.
N.D. Cent. Code § 15-08.1-07 — ND Code / Title 15 / Chapter 15-08.1 / Section 15-08.1-07
15-08.1-07. Rulemaking authority
Status: repealed

15-08.1-07. Rulemaking authority

Repealed by S.L. 1989, ch. 114, § 8.
N.D. Cent. Code § 15-10-36 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-36
15-10-36. Student registration with selective service system
Status: in_force

15-10-36. Student registration with selective service system

No person who is required by the Military Selective Service Act [Pub. L. 759; 62 Stat. 604;

50 U.S.C. App. 451 et seq.] to register with the selective service system may receive student

financial aid funds from the state until that person has registered. The state board of higher

education may adopt rules to achieve the purpose of this section.
N.D. Cent. Code § 15-18.1-11 — ND Code / Title 15 / Chapter 15-18.1 / Section 15-18.1-11
15-18.1-11. Jurisdiction of courts - Service of process
Status: in_force

15-18.1-11. Jurisdiction of courts - Service of process

A postsecondary educational institution not exempt from this chapter, which has a place of

business in this state, and which instructs or educates, or offers to instruct or educate, enrolls or

offers to enroll, or contracts or offers to contract, to provide instructional or educational services

in this state, whether the instruction or services are provided in person or by correspondence, to

a resident of this state, or which offers to award or awards educational credentials to a resident

of this state, submits the institution, and if an individual, the individual's personal representative,

to the jurisdiction of the courts of this state, concerning any claim for relief arising therefrom, and

for the purpose of enforcement of this chapter by injunction pursuant to section 15-18.1-12.

Service of process upon the institution subject to the jurisdiction of the courts of this state may

be made by personally serving the summons upon the defendant within or outside this state, in

the manner prescribed by the North Dakota Rules of Civil Procedure, with the same force and

effect as if the summons had been personally served within this state.
N.D. Cent. Code § 15-03-04 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-04
15-03-04. Legal investments
Status: in_force

15-03-04. Legal investments

Subject to the provisions of section 15-03-05, the board of university and school lands shall

apply the prudent investor rule in investing the permanent funds under its control. The "prudent

investor rule" means that in making investments the board shall exercise the same judgment

and care, under the circumstances then prevailing and limitations of North Dakota and federal

law, that an institutional investor of ordinary prudence, discretion, and intelligence exercises in

the management of large investments entrusted to it, not in regard to speculation but in regard

to the permanent disposition of funds, considering probable safety of capital as well as probable

investment returns. Notwithstanding any investments made before July 1, 1997, the board may

not use any funds entrusted to it to purchase, as sole owner, commercial or residential real

property in North Dakota without prior approval of the legislative assembly or the budget section

if the legislative assembly is not in session. Any request considered by the budget section must

comply with section 54-35-02.9. The board may also lend securities held by the permanent

funds, including the authority to pledge a security interest in the securities in the possession of a

custodian agent. These securities must be collateralized as directed by the board.
N.D. Cent. Code § 15-07-10 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-10
15-07-10. Mortgagor has right to repurchase
Status: in_force

15-07-10. Mortgagor has right to repurchase

If any mortgagor or a member of the mortgagor's immediate family, including a father,

mother, son, daughter, brother, sister, or spouse, desires to repurchase land lost through

foreclosure or by a deed given in lieu of foreclosure, such repurchase may be made by

matching the highest bid within one hour after public sale. The terms and conditions of any sale

under this section must be established by the board of university and school lands, consistent

with this title and the fiduciary responsibilities of the board.
N.D. Cent. Code § 15-10-22 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-22
15-10-22. Course in cooperatives required
Status: repealed

15-10-22. Course in cooperatives required

Repealed by S.L. 1991, ch. 162, § 1.
N.D. Cent. Code § 15-06-34 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-34
15-06-34. Applications to purchase
Status: repealed

15-06-34. Applications to purchase

Repealed by S.L. 1987, ch. 193, § 5.
N.D. Cent. Code § 15-20.1-07 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-07
15-20.1-07. Cooperation of school boards in career and technical education
Status: in_force

15-20.1-07. Cooperation of school boards in career and technical education

The governing body of any school district may cooperate with the state board in the

establishment and maintenance of schools, departments, or classes giving instruction in career

and technical education as approved by the state board and may use any moneys raised by

public taxation for such purposes in the same manner as the moneys for other school purposes

are used for the maintenance and support of public schools. When any school, department, or

class giving instruction in career and technical education has been approved by the state board,

it may be entitled to share in any federal and state funds available for career and technical

education.
N.D. Cent. Code § 15-62.1-03 — ND Code / Title 15 / Chapter 15-62.1 / Section 15-62.1-03
15-62.1-03. Rates of interest permissible for guaranteed loans
Status: in_force

15-62.1-03. Rates of interest permissible for guaranteed loans

All loans guaranteed by the agency and coinsured by the federal government must bear

interest at rates which are no greater than those provided under the federally coinsured loan

programs. In the event that the agency guarantees student loans without federal coinsurance

pursuant to section 15-62.1-02, the interest rate on such loans may be fixed or variable. Any

prohibition on the capitalization of interest does not apply to loans guaranteed under this

chapter. A loan guaranteed under this chapter may provide for interest which remains unpaid at

the end of any period specified in the loan to be added to the principal amount of the debt and

thereafter accumulate interest.
N.D. Cent. Code § 15-62.1-15 — ND Code / Title 15 / Chapter 15-62.1 / Section 15-62.1-15
15-62.1-15. Student loan consolidation program - Requirements - Authority to expand
Status: in_force

15-62.1-15. Student loan consolidation program - Requirements - Authority to expand

1. The agency shall develop and administer a student loan consolidation program under

which the agency may refinance state, federal, and alternative education loans for

eligible physicians. In order to be eligible under this subsection, a physician must:

a. Be licensed in accordance with chapter 43-17; and

b. Be a resident of and practice in a North Dakota city having a population that does

not exceed four thousand five hundred.

2. The agency may expand the student loan consolidation program to serve individuals

other than those referenced in subsection 1.
N.D. Cent. Code § 15-63-06 — ND Code / Title 15 / Chapter 15-63 / Section 15-63-06
15-63-06. Unused scholarships
Status: repealed

15-63-06. Unused scholarships

Repealed by S.L. 1973, ch. 174, § 3.
N.D. Cent. Code § 15-10-21 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-21
15-10-21. Military instruction required
Status: repealed

15-10-21. Military instruction required

Repealed by S.L. 1991, ch. 162, § 1.
N.D. Cent. Code § 15-12.1-08 — ND Code / Title 15 / Chapter 15-12.1 / Section 15-12.1-08
15-12.1-08. Langdon research extension center
Status: in_force

15-12.1-08. Langdon research extension center

The Langdon research extension center must be located in or near Langdon in Cavalier

County. The center shall conduct research designed to increase productivity of all agricultural

products of the soil while maintaining or improving the soil resource base in the agricultural

region of northeastern North Dakota by:

1. The identification of adapted crop species and superior crop cultivars;

2. Propagation and distribution of selected seed stocks; and

3. Development of profitable cropping systems that achieve the necessary balance

between profitability and conservation of all natural resources.
N.D. Cent. Code § 15-08.1-02.1 — ND Code / Title 15 / Chapter 15-08.1 / Section 15-08.1-02.1
15-08.1-02.1. Transfer of present possessory interests - Self-executing
Status: in_force

15-08.1-02.1. Transfer of present possessory interests - Self-executing

All possessory interests in real property other than minerals which were conveyed by this

chapter to the state of North Dakota acting by and through the board of university and school

lands prior to July 12, 1989, and which are still held by the board on July 12, 1989, are hereby

conveyed to the state of North Dakota doing business as the Bank of North Dakota. This

transfer is self-executing and no evidence other than the provisions of this chapter are required

to establish the transfer of title to the Bank.
N.D. Cent. Code § 15-20.2-05 — ND Code / Title 15 / Chapter 15-20.2 / Section 15-20.2-05
15-20.2-05. Special board plan for small or large centers
Status: in_force

15-20.2-05. Special board plan for small or large centers

1. If four or fewer school districts comprise an area career and technology center and if

enrollment within the school district is insufficient to provide five members in

accordance with section 15-20.2-04, the boards of the school district shall agree upon

the number and manner of selection of members of the center board and shall submit

their plan of selection for approval by the state board pursuant to section 15-20.2-02.

2. If a center board is comprised of twenty or more members, the boards of those school

districts may create a representative board with equitable representation from the

school districts and shall submit the representative board for approval by the state

board under section 15-20.2-02. A majority of the representative board must be school

board members.
N.D. Cent. Code § 15-06-39 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-39
15-06-39. State forester to control lands designated for forest management
Status: in_force

15-06-39. State forester to control lands designated for forest management

The state forester shall assume control over all lands so designated and proceed to develop

and improve the same by applying thereto accepted good forestry practices in the management

and improvement thereof for the purpose of protecting and improving the forest potential of such

lands and producing income through sustained yield management by the sale of forest products

produced thereon, such sales to be made under the direction and at the discretion of the state

forester. The state forester further may issue permits for the cutting and removal of hay on and

from the land under the state forester's control at a price to be determined by the board of

university and school lands, subject to the rules and regulations adopted by the state forester

and board of university and school lands.
N.D. Cent. Code § 15-52-29 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-29
15-52-29. Training of psychiatric personnel
Status: in_force

15-52-29. Training of psychiatric personnel

The university of North Dakota school of medicine and health sciences, under the policies of

the state board of higher education, shall provide or encourage means for providing for the

training of such psychiatrists and other psychiatric personnel as may be necessary to properly

staff state institutions and agencies providing services in the field of mental health. The school

of medicine and health sciences may execute contracts with any suitable public or private

agency providing such training services and facilities and to pay for such services from funds of

the school of medicine and health sciences as provided in section 15-52-09.
N.D. Cent. Code § 15-10-45 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-45
15-10-45. Telecommunications and information services competition prohibited - Report
Status: in_force

15-10-45. Telecommunications and information services competition prohibited -

Report.

1. The northern tier network, part of a national research network infrastructure, serves

entities within and outside this state. The North Dakota university system may use the

northern tier network infrastructure only for the purpose of supporting the research and

education missions of the North Dakota university system. The North Dakota university

system may not use the northern tier network infrastructure for traditional internet,

voice, video, or other telecommunications services beyond those required for research

networks.

2. The North Dakota university system or any entity associated with the university system

may not resell any portion of the northern tier network infrastructure to nonuniversity

entities other than research collaborators.

3. The northern tier network may not replace any wide area network services to any city,

county, or school district which are provided by the information technology department

under section 54-59-08.

4. The North Dakota university system shall provide a comprehensive biennial report of

northern tier network activities for the 2007-09 biennium and must submit to a biennial

audit of the northern tier network activities beginning with the 2009-11 biennium.
N.D. Cent. Code § 15-39.1-10.5 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-10.5
15-39.1-10.5. Postretirement adjustments
Status: in_force

15-39.1-10.5. Postretirement adjustments

An individual who on June 30, 1989, is receiving monthly benefits from the fund on an

account paid under this chapter or under former chapter 15-39 is entitled to receive an increase

in benefits equal to five cents times the individual's number of years of service credit under the

fund times the number of years the individual has drawn benefits from the fund.
N.D. Cent. Code § 15-16-01 — ND Code / Title 15 / Chapter 15-16 / Section 15-16-01
15-16-01. School of forestry - Location
Status: in_force

15-16-01. School of forestry - Location

The school of forestry must be located at Dakota college, Bottineau, North Dakota.
N.D. Cent. Code § 15-08.1-06 — ND Code / Title 15 / Chapter 15-08.1 / Section 15-08.1-06
15-08.1-06. Duties and powers of the board
Status: in_force

15-08.1-06. Duties and powers of the board

The board of university and school lands shall manage, operate, and supervise all

properties transferred to it by this chapter; has full power of sale or lease with respect to any

and all such property; and may establish, charge, and collect fees for the management of

property acquired under this chapter. The board shall pay the costs incurred in carrying out its

duties under this chapter from the fees and income derived under this chapter.
N.D. Cent. Code § 15-62.1-10 — ND Code / Title 15 / Chapter 15-62.1 / Section 15-62.1-10
15-62.1-10. Eligibility for participation in federal student loan program
Status: repealed

15-62.1-10. Eligibility for participation in federal student loan program

Repealed by S.L. 2019, ch. 82, § 5.
N.D. Cent. Code § 15-04-07 — ND Code / Title 15 / Chapter 15-04 / Section 15-04-07
15-04-07. Minimum rentals
Status: in_force

15-04-07. Minimum rentals

The board of university and school lands shall set the minimum rental for uncultivated and

cultivated lands, which is subject to review and change when deemed necessary by said board.
N.D. Cent. Code § 15-39.1-08 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-08
15-39.1-08. Compensation of members
Status: in_force

15-39.1-08. Compensation of members

Members of the board, excluding ex officio members, are entitled to receive one hundred

forty-eight dollars as compensation per day and necessary mileage and travel expenses as

provided in sections 44-08-04 and 54-06-09 for attending meetings of the board. No member of

the board may lose regular salary, vacation pay, vacation or any personal leave, or be denied

right of attendance by the state or political subdivision thereof while serving on official business

of the fund.
N.D. Cent. Code § 15-13-11 — ND Code / Title 15 / Chapter 15-13 / Section 15-13-11
15-13-11. Board of higher education to make rules governing students' loan funds
Status: repealed

15-13-11. Board of higher education to make rules governing students' loan funds

Repealed by S.L. 1999, ch. 157, § 4.